Page:United States Statutes at Large Volume 102 Part 1.djvu/980

 102 STAT. 942

PUBLIC LAW 100-387—AUG. 11, 1988

authorization shall be available only if funding for this purpose is not provided under an appropriations Act. 7 USC 1421 note. SEC. 210. CROPS HARVESTED FOR FORAGE USES.

Not later than 15 days after the date of the enactment of this Act, the Secretary of Agriculture shall announce the terms and conditions by which producers on a farm may establish 1988 yield with respect to crops that will be harvested for silage and other forage uses. 7 USC 1421 note. SEC. 211. PAYMENT LIMITATIONS.

Animals.

Animals.

(a) LIMITATION.—Subject to subsections (b) and (c), the total amount of payments that a person shall be entitled to receive under one or more of the programs established under this subtitle may not exceed $100,000. (b) No DOUBLE BENEFITS.—No person may receive disaster payments under this subtitle to the extent that such person receives a livestock emergency benefit for lost feed production in 1988 under section 606 of the Agricultural Act of 1949, as added by section 101(a) of this Act. (c) COMBINED LIMITATION.—No person may receive any pa5anent under this subtitle or benefit under title VI of the Agricultural Act of 1949 for livestock emergency losses suffered in 1988 if such payment or benefit will cause the combined total amount of such payments and benefits received by such person to exceed $100,000. If a producer is subject to the preceding sentence, the person may elect (subject to the benefits limitations under section 609 of the Agricultural Act of 1949) whether to receive the $100,000 in such payments, or such livestock emergency benefits (not to exceed $50,000), or a combination of payments and benefits specified by the person. (d) REGULATIONS.—The Secretary of Agriculture shall issue regulations— (1) defining the term "person" for the purposes of this section, which shall conform, to the extent practicable, to the regulations defining the term "person" issued under section 1001 of the Food Security Act of 1985; and (2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this section.

7 USC 1421 note. SEC. 212. DE MINIMIS YIELDS.

The Secretary of Agriculture may determine a de minimis yield for each crop eligible for reduced yield disaster payments under this subtitle. The de minimis yield shall be set at a level that will minimize any incentive provided by the prospect of disaster payments to abandon crops that have a value that exceeds the cost of harvesting. In no case may the de minimis yield be less than the amount of production that, when valued at current market prices, equals the average cost of harvesting the crop, as determined by the Secretary. Any producer whose actual yield for a crop is equal to or less than the de minimis yield for such crop shall be considered as having an actual yield of zero for the purpose of calculating any reduced yield disaster payments for such crop under this subtitle.

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