Page:United States Statutes at Large Volume 104 Part 5.djvu/163

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3485 "(A) STATES AFFECTED. —In any case in which a State allotment is established under section 359c(f) and there are in excess of 250 producers in such State, the Secretary shall make a determination under subparagraph (B). "(B) DETERMINATION.—The Secretary shall determine, for each State allotment described in subparagraph (A), whether the production of sugar, in the absence of proportionate shares, will be greater than the quantity needed to enable processors to fill the allotment and provide a normal carryover inventory. "(2) ESTABLISHMENT OF PROPORTIONATE SHARES. —If the Secretary determines under pargigraph (1) that the quantity of sugar processed from all crops by all processors covered by a State allotment for a fiscal year will be in excess of the quantity needed to enable processors to fill the allotment for the fiscal year and provide a normal carryover inventory, the Secretary shall establish proportionate shares for the crop of sugarcane that is harvested during the fiscal year the allotment is in effect as provided in this subsection. Each such proportionate share shall be subject to adjustment under section 359c(g). "(3) METHOD OF DETERMINING. — For purposes of determining proportionate shares for any crop of sugarcane: "(A) The Secretary shall establish the State's per-acre yield goal for a crop at a level (not less than the average per-acre yield in the State for the preceding 5 years, as determined by the Secretary) that will ensure an adequate net return per pound to producers in the State, taking into consideration any available production research data that the Secretary deems relevant. "(B) The Secretary shall convert the State allotment for the fiscal year involved into a State acreage allotment for the crop by dividing the State allotment by the per-acre jrield goal for the State, as established under subparagraph (A). "(C) The Secretary shall establish a uniform reduction percentage for the crop by dividing the State acreage allotment, as determined for the crop under subparagraph (B), by the sum of all acreage bases in the State, as determined by the Secretary, that the Secretary estimates would otherwise be harvested for the production of the crop of sugarcane. "(D) The uniform reduction percentage for the crop, as determined under subparagraph (C), shall be applied to the acreage beise for each farm covered by the State allotment to determine the farm's proportionate share for the crop. "(4) ACREAGE BASE. —For purposes of this subsection, the acreage base for each sugarcane-producing farm shall be determined by the Secretary, as follows: "(A) The acreage base for any crop shall be the number of acres that is equal to the average of the acreage planted and considered planted for harvest for sugar or seed on the farm in each of the 5 crop years preceding the crop year. "O) Acreage that producers on a farm were unable to harvest to sugarcane for sugar or seed because of drought, flood, other natural disaster, or other condition beyond the control of the producers shall be considered as harvested to sugarcane for sugar or seed for purposes of this paragraph.

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