Page:United States Statutes at Large Volume 103 Part 1.djvu/601

 PUBLIC LAW 101-82—AUG. 14, 1989 103 STAT. 573 (3) the payment level under section 103(a)(3), for commodities covered by section 103; and (4) the payment level under section 104(a)(2), for commodities covered under section 104. (d) DETERMINATION OP PAYMENT.— The amount of payment to a producer under this section shall be determined by multiplying the payment rate established under subsection (c) by the portion of the actual harvested crop on the producer's farm that is reduced in quality by such natural disaster in 1988 or 1989, as determined by the Secretary. SEC. 106. EFFECT OF FEDERAL CROP INSURANCE PAYMENTS. In the case of producers on a farm who obtained crop insurance for the 1989 crop of a commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Secretary of Agriculture shall reduce the amount of payments made available under this subtitle for such crop to the extent that the amount determined by adding the net amount of crop insurance indemnity payment (gross indemnity less premium paid) received by such producers for the deficiency in the production of the crop and the disaster payment determined in accordance with this subtitle for such crop exceeds the amount determined by multiplying— (1) 100 percent of the yield used for the calculation of disaster payments made under this subtitle for such crop; by (2) the sum of the acreage of such crop planted to harvest and the acreage for which prevented planting credit is approved by the Secretary (or, in the case of disaster payments under section 101, the eligible acreage established under sections lOl(a)(l) and 101(a)(2)(A));by (3)(A) in the case of producers who participated in a produc- tion adjustment program for the 1989 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, the established price for the 1989 crop of the commodity; (B) in the case of producers who did not participate in a production adjustment program for the 1989 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, the basic county loan rate (or a comparable price, as determined by the Secretary, if there is no current beisic county loan rate) for the 1989 crop of the commodity; (C) in the case of producers of sugar beets, sugarcane, peanuts, or tobacco, the payment level for the commodity established under section 103(a)(3); and (D) in the case of producers of soybeans or a nonprogram crop (as defined in section 104(d)(l)), the simple average price re- ceived by producers of the commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 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. SEC. 107. CROP INSURANCE COVERAGE FOR THE 1990 CROPS. (a) REQUIREMENT.—Subject to the limitations under subsection 0)), producers on a farm, to be eligible to receive a disaster payment under this subtitle, an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) for crop losses due to damaging weather or related condition in 1988 or 1989, or forgiveness of the repayment of advance deficiency

�