Page:United States Statutes at Large Volume 103 Part 1.djvu/596

 103 STAT. 568 PUBLIC LAW 101-82—AUG. 14, 1989 the commodity for harvest in 1988 minus acreage actually planted to the commodity for harvest in 1989; or (B) a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1986, 1987, and 1988 minus acreage actually planted to the commodity for harvest in 1989. (3) ADJUSTMENTS.—The Secretary shall make appropriate a4justments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers. (c) LIMITATIONS. — (1) ACREAGE LIMITATION PROGRAM. —The amount of payments made available to producers on a farm for a crop of a commodity under subsection (a) shall be reduced by a factor equivalent to the acreage limitation program percentage established for such crop under the Agricultural Act of 1949. Contracts. (2) CROP INSURANCE. —Pa3ntnents provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agree- ment to obtain multiperil crop insurance, to the extent required under section 107. SEC. 103. PEANUTS, SUGAR, AND TOBACCO. (a) DISASTER PAYMENTS.— (1) IN GENERAL. —Effective only for the 1989 crops of peanuts, sugar beets, sugarcane, and tobacco, if the Secretary of Agri- culture determines that, because of damaging weather or re- lated condition in 1988 or 1989, the total quantity of the 1989 crop of the commodity that the producers on a farm are able to harvest is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1989 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the county average yield (or program 3rield, in the case of peanuts) established by the Sec- retary 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. (2) PAYMENT RATE.— The payment shall be made to the producers at a rate equal to 65 percent of the applicable pay- ment level under paragraph (3), as determined by the Secretary, for any deficiency in production greater than— (A) in the case of producers who obtained crop insurance for the 1989 crop of the commodity under the Federal Crop Insurance Act— (i) 35 percent for the crop; or (ii) with respect to a crop of hurley tobacco or flue- cured tobacco, 35 percent of the farm's effective marketing quota for 1989; and (B) in the case of producers who did not obtain crop insurance for the 1989 crop of the commodity under the Federal Crop Insurance Act— (i) 40 percent for the crop; or

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