Page:United States Statutes at Large Volume 104 Part 5.djvu/180

 104 STAT. 3502 PUBLIC LAW 101-624—NOV. 28, 1990 price (or, in the case of rice, the national average market price) for the marketing year for the crop, the Secretary shall make deficiency payments as follows: "(1) A portion of the deficiency payment shall be made in advance in accordance with subsection (a)(2). "(2) Seventy-five percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year. "(3) The remainder of the deficiency payments shall be made available at the end of the marketing year.". 7 USC 1445J (b) REPAYMENT REQUIREMENTS. — "ote- (1) IN GENERAL.— Notwithstanding any other provision of law, effective only for producers who are suffering financial hardship, as determined by the Secretary, on a farm who received an advance deficiency payment for the 1988 or 1989 crop of a commodity and are otherwise described in paragraph (2), the Secretary of Agriculture— (A) shall not charge an annual interest rate for any delinquent refund for the advance deficiency payment in excess of prevailing rates for operating loans made by Farm Credit System institutions; (B) shall not withhold, in each of the 3 succeeding crop years, more than Va of the farm program pa3mients otherwise due to the producers, as a result of any delinquency in providing the refund; and (C) shall permit the producers to make the refund in three equal installments during each of the crop years 1990, 1991, and 1992, if the producers enter into an agreement to obtain multiperil crop insurance for each of the crop years, to the extent that the Secretary determines is similar to section 107 of the Disaster Assistance Act of 1989 (7 U.S.C. 1421etseq.). (2) APPLICATION.—Th is subparagraph shall apply if— (A) the producers received an advance deficiency pay- ment for the 1988 or 1989 crop of a commodity under section 107aa) of the Agricultural Act of 1949 (7 U.S.C. 1445b-2(a)); (B) the producers are required to provide a refund of at least $1,500 under subparagraph (G) or (H) of section 107C(a)(2) of such Act with respect to the advance deficiency payments; (C) the producers reside in a county, or in a county that is contiguous to a county, where the Secretary of Agriculture has found that farming, ranching, or aquaculture operations have been substantially affected as evidenced by a reduction in normal production for the county of at least 30 percent during two of the three crop years 1988, 1989, and 1990 by a natural disaster or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (D) the total quantity of the 1988 or 1989 crop of the commodity that the producers were able to harvest is less than the result of multiplying 65 percent of the farm payment jdeld established by the Secretary for the crop by the sum of the acreage planted for the harvest and the

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