Page:United States Statutes at Large Volume 102 Part 1.djvu/975

 PUBLIC LAW 100-387—AUG. 11, 1988

102 STAT. 937

section 317 or 319 of the Agricultural Acijustment Act of 1938 (7 U.S.C. 1314c or 1314e) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such tobacco for which payment has been received under this section; and (2) disaster pa3mients made to producers under this section may not be considered by the Secretary in determining the net losses of the Commodity Credit Corporation under section 106A(d) of the Agricultural Act of 1949 (7 U.S.C. 1445-l(d)). (f) SPECIAL RULE FOR SUGAR.—A producer of the 1988 crop of sugarcane or sugar beets that is unable to process the commodity into sugar due to the inability of local processing plants to process sugar as a result of drought, hail, excessive moisture, or related condition in 1988 shall be eligible for disaster payments in accordance with subsection (a) for any loss in sugar production attributable to such inability. Disaster payments made available under this subsection for such loss of production shall be reduced by an amount equal to any proceeds received by the producer from the disposition of that portion of the crop on which disaster payments are made. SEC. 204. SOYBEANS AND NONPROGRAM CROPS.

7 USC 1421 note.

(a) DISASTER PAYMENTS.--(1)(A) Effective only for the 1988 crops of soybeans and nonprogram crops, 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 the producers on a farm are able to harvest is less than the result of multiplying 65 percent of— (i) with respect to soybeans, the State, area, or county jrield, adjusted for adverse weather conditions during the three previous crop years, as determined by the Secretary; or (ii) with respect to nonprogram crops, the jdeld established by the Commodity Credit Corporation under subsection (d)(2), for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers. (B) The payment shall be made to such producers at a rate equal to— (i) 65 percent of the applicable payment level under paragraph (2), as determined by the Secretary, for any deficiency in production greater than 35 percent, but not greater than 75 percent, for the crop; and (ii) 90 percent of the applicable payment level under paragraph (2), as determined by the Secretary, for any deficiency in production greater than 75 percent for the crop. (2) For purposes of paragraph (1), the payinent level for a commodity shall equal the simple average price received by producers of the commodity, as determined by the Secretary subject to paragraph (3), during the marketing years for the immediately preceding nve crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. (3)(A) The Secretary shall make disaster payments under subsec- Regulations. tion (a) on a crop by crop basis, with consideration given to markets and uses of the crops, under regulations issued by the Secretary. (B) For the purposes of determining the payment rates on a crop by crop basis, the Secretary shall consider as separate crops, and

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