Page:United States Statutes at Large Volume 103 Part 1.djvu/604

 103 STAT. 576 PUBLIC LAW 101-82—AUG. 14, 1989 1989) the second crop is planted on acreage on which the producers planted, or were prevented from planting, the first crop. (c) ADMINISTRATION. — In carrying out this section, the Secretary shall— (1) determine the value of the second crop based on the actual jdeld of the producers and average market prices for the second crop during a representative period; and (2) take into account the historical cropping patterns of producers. SEC. 111. SUBSTITUTION OF CROP INSURANCE PROGRAM YIELDS. (a) IN GENERAL. — Notwithstanding any other provision of this Act, the Secretary of Agriculture may permit each eligible producer (as defined in subsection (d)) of a 1989 crop of a commodity who has obtained multiperil crop insurance for such crop (or, as provided in subsection (c), who obtsdned multiperil crop insurance for the producer's 1988 crop of such commodity) under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to substitute, at the discretion of the producer, the crop insurance yield for such crop, as estab- lished under such Act, for the farm yield otherwise assigned to the producer under this subtitle, for the purposes of determining such producer's eligibility for a disaster payment on the 1989 crop under this subtitle and the amount of such pa3anent. (b) ADJUSTMENT OF ADVANCED DEFICIENCY PAYMENTS. — (1) IN GENERAL. — Notwithstanding any other provision of this Act, if an eligible producer of wheat, feed grains, cotton, or rice elects to substitute yields for such producer's 1989 crop under subsection (a), the producer's eligibility for a waiver or repay- ment of an advance deficiency payment on such crop under this subtitle shall be adjusted as provided in paragraph (2). (2) AMOUNT.— The amount of production of such crop on which the producer otherwise would be eligible for waiver of repayment of advance deficiency payments under this subtitle shall be reduced by an amount of production equal to the difference between— (A) the amount of production eligible for disaster pay- ments under this subtitle using a substituted jrield under this section; and (B) the amount of production that would have been eli- gible for disaster payments using the farm program pay- ment jdeld otherwise assigned to the producer under this subtitle. (c) MULTIPERIL CROP INSURANCE NOT AVAILABLE. — A producer may use the crop insurance jdeld for the producer's 1988 crop of a. commodity for purposes of substituting jdelds under subsection (a) if the producer demonstrates to the Secretary that, through no fault of the producer, multiperil crop insurance under the Federal Crop Insurance Act was not made available to the producer for the producer's 1989 crop of the commodity. (d) DEFINITION OF ELIGIBLE PRODUCER. —For purposes of this sec- tion, the term "eligible producer" means a producer of the 1989 crop of wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. SEC. 112. DEFINITIONS. As used in this subtitle:

�