Page:United States Statutes at Large Volume 102 Part 1.djvu/971

 PUBLIC LAW 100-387—AUG. 11, 1988

102 STAT. 933

TITLE II—EMERGENCY CROP LOSS ASSISTANCE Subtitle A—Annual Crops SEC. 201. PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES.

7 USC 1421 note.

(a) DISASTER PAYMENTS.—(1) Effective only for producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 for the 1988 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, except as otherwise provided in this subsection, if the Secretary of Agriculture determines that, because of drought, hail, excessive moisture, or related condition in 1988, the total quantity of the 1988 crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 65 percent of the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of drought, hail, excessive moisture, or related condition in 1988, as determined by the Secretary) for such crop, the Secretary shall make a disaster payment available to such producers at a rate equal to— (A) 65 percent of the established price for the crop for any deficiency in production greater than 35 percent, but not greater than 75 percent, for the crop; and (B) 90 percent of the established price for the crop for any deficiency in production greater than 75 percent for the crop. (2)(A) Payments provided under paragraph (1) for a crop of a commodity may not be made available to producers on a farm with respect to any acreage in excess of the permitted acreage for the farm for the commodity. (B) Pajnnents provided under paragraph (1) for a crop of a Contracts. commodity may not be made available to producers on a farm unless insurance, such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 207. (3) The total quantity of a crop of a commodity on which deficiency payments otherwise would be payable to producers on a farm under the Agricultural Act of 1949 shall be reduced by the quantity on which a payment is made to the producers for the crop under paragraph (1). (4) Effective only for the 1988 crops of wheat and feed grains, in Conservation. the case of producers on a farm who elected after March 11, 1988, to devote all or a portion of the permitted acrecige of the farm for the commodity to conservation or other uses in accordance with section 107D(c)(l)(C) or 105ac)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(C) or 1444e(c)(l)(B)), the Secretary shall allow (within 30 days after the date of the enactment of this Act) such producers to (elect whether to receive disaster payments in accordance with this subsection in lieu of payments under such section. (b) ADVANCE DEFICIENCY PAYMENTS.—(1) This subsection shall apply only to producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 for the 1988 crop of wheat, feed grains, upland cotton, or rice.

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