Page:United States Statutes at Large Volume 104 Part 5.djvu/573

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3895 qualified State soybean boards under paragraph (4)), during the time period involved. (IV) REFUNDS MADE FROM ESCROW ACCOUNT.— Refunds requested by producers from a State under clause (ii) (or if refunds are available under clause (v) or (vi)) during the time period involved shall be made from the escrow account that is applicable to that clause for such State. (V) PRORATION. —I f the funds deposited in a State account established under subclause (I) for purposes described under clauses (ii), (v), and (vi) are not sufficient to honor all requests for refunds made by producers from that State during the time period involved, the qualified State soybean board and, where no qualified State soybean board exists, the Board shall prorate the amount of such refunds from the State's account among all producers from that State that requests refunds. (VI) SURPLUS FUNDS.—Any funds not refunded to producers in a State under this clause shall be divided equally between the Board and the qualified State soybean board of such State. Such funds shall be used to carry out programs under this subtitle. (VII) REFUND PERIOD. — In applying this clause to refunds under clause (vi), each annual refund period shall be treated separately. (3) USE. —The Eissessments (net of any refunds under paragraph (2)) shall be used for— (A) payment of the expenses incurred in implementation and administration of the order; (B) the establishment of a reasonable reserve; and (C) reimbursement to the Secretary of administrative costs incurred by the Secretary to implement and administer the order, other than one-half of the cost incurred for the referendum conducted under paragraph (2)(F). (4) CREDIT FOR CONTRIBUTIONS TO QUALIFIED STATE SOYBEAN BOARDS.— A producer who can establish that such producer is contributing to a qualified State soybean board shall receive credit, in determining the assessment due to the Board from such producer, for contributions to the qualified State soybean board of up to one-quarter of 1 percent of the net market price of soybeans or the equivalent thereof. For purposes of this subtitle, there shall be only one qualified State soybean board in each State. A producer may receive a credit under this paragraph only if the contribution is to the qualified State soybean board in the State in which the soybeans are produced, except that the Board, with the approval of the Secretary, may authorize exceptions to such State-of-origin rule as are appropriate to ensure effective coordination of collection procedures among States. (5) SINGLE PROCESS OF ASSESSMENT. — The procedures in the order for the collection of assessments shall ensure, to the extent practicable, that such soybeans are subject to a single process of assessment under the order. (m) CREDIT FOR CERTAIN COSTS TO STATES.—The order shall provide that the Board may provide a credit to each qualified State soybean

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