Page:United States Statutes at Large Volume 104 Part 5.djvu/64

 104 STAT. 3386 PUBLIC LAW 101-624—NOV. 28, 1990 "(II) by December 15 of the marketing year, use the estimate to make available to producers who have elected the payment option authorized by this clause not less than 75 percent of the increase in payments estimated to be payable with respect to the crop under this subparagraph; and "(III) adjust the amount of each final payment for wheat to reflect any difference between the amount of any estimated pa3anent made under this clause and the amount of actual payment due under this subparagraph. " (iv) TIME FOR ELECTING PAYMENT OPTION.— Producers shall elect the pa3anent option authorized by clause (iii) at the time of entering into a contract to participate in the program established by this section for the crop. "(E) 0/92 PROGRAM. — "(i) IN GENERAL. — If an acreage limitation program under subsection (e)(2) is in effect for a crop of wheat and the producers on a farm devote a portion of the msiximum payment acres for wheat as calculated under subparagraph (C)(ii) of the farm equal to more than 8 percent of such wheat acreage of the farm for the crop to conservation uses (except as provided in subparagraph (F))— "(I) such portion of the maximum payment acres in excess of 8 percent of such acreage devoted to conservation uses (except as provided in subparagraph (F)) shall be considered to be planted to wheat for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (e)(2)(D); and "(II) the producers shall be eligible for payments under this paragraph with respect to such acreage, " (ii) DEFICIENCY PAYMENTS. —Notwithstanding any other provision of this section, any producer who devotes a portion of the maximum payment acres for wheat for the farm to conservation uses (or other uses as provided in subparagraph (F)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to wheat and eligible for payments under this subparagraph for the crop at a per-bushel rate established by the Secretary, except that the rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which wheat producers may agree to participate in the program for the crop. "(iii) ADVERSE EFFECT ON AGRIBUSINESS AND OTHER INTERESTS. —The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county. State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total quantity of wheat acreage that may be taken out of production under this subparagraph, taking into consideration the

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