Page:United States Statutes at Large Volume 104 Part 5.djvu/171

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3493 lished under title I for the crop and certify that no acresige on the farm was planted to— "(A) the crop; or "(B) any fruit or vegetable crop (including potatoes and dry edible beans) not designated as an industrial or experimental crop by the Secretary, in excess of normal plantings; and "(7) any acreage on the farm for which the crop acreage base for the crop on the farm was adjusted because of a condition or occurrence beyond the control of the producer pursuant to subsection (h). "(d) CONSTRUCTION OF PLANTING HISTORY.— For the purpose of determining the crop acreage base for the 1991 and subsequent crop years for any farm, the county committee, in accordance with regulations prescribed by the Secretary, may construct a planting history for such crop if— "(1) planting records for such crop for any of the 5 crop years preceding such crop year are incomplete or unavailable; or "(2) during at least one but not more than 4 of the 5 crop years preceding such crop year, the program crop was not produced on the farm. "(e) CROP ROTATION AND OTHER FACTORS. —The Secretary shall make adjustments to reflect crop rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable crop acreage base, including adjustments necessary to enable producers to meet the requirements of title XII of the Food Security Act of 1985 (16 U.S.C. 8801 et seq.). "(f) PREVENTED PLANTING.—I f a county committee determines, in accordance with regulations prescribed by the Secretary, that the occurrence of a natural disaster or other similar condition beyond the control of the producer prevented the planting of a program crop on any farm within the county (or substantially destroyed any such program crop after it had been planted but before it had been harvested), the producer may plant any other crop, including any other program crop, on the acreage of such farm that, but for the occurrence of such disaster or other condition, would have been devoted to the production of a program crop. For purposes of determining the crop acreage base, any acreage on the farm on which a substitute crop, including any progrsim crop, is planted under this subsection shall be taken into account as if such acreage had been planted to the program crop for which the other crop was substituted. "(g) SUBSEQUENT CROP YEARS.— A producer who is eligible to receive a deficiency payment for any program crop or crop of extra long staple cotton in any crop year with respect to a farm may not use the acreage planted or considered planted to any program crop or crop of extra long staple cotton on the farm in the crop year to increase any crop acreage base established for the farm in a subsequent crop year. "(h) ADJUSTMENT OF BASES.— The county committee, in accordance with regulations prescribed by the Secretary, may adjust any crop acreage base for any program crop for any farm if the crop acreage base for the crop on the farm would otherwise be adversely affected by a condition or occurrence beyond the control of the producer.

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