Page:United States Statutes at Large Volume 104 Part 5.djvu/641

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3963 payment is made to the producers for the crop under paragraph (1). (4) ELECTION OF PAYMENTS. — (A) APPLICATION OF PARAGRAPH. —This paragraph shall apply, effective only for the 1990 crops of wheat, feed grains, upland cotton, and rice, to producers on a farm who— (i) had failed wheat, feed grain, upland cotton, or rice acreage; or (ii) were prevented from planting acreage to such commodity because of damaging weather or related condition in 1989 or 1990. (B) ELECTION.— The Secretary of Agriculture shall (within 30 days after the date of enactment of this Act) permit producers referred to in subparagraph (A) to elect whether to receive disaster pa3nnents in accordance with this section in lieu of payments received under the Agricultural Act of 1949. (b) ADVANCE DEFICIENCY PAYMENTS. — (1) APPLICATION OF SUBSECTION. — This subsection shall apply only to producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 for the 1990 crop of wheat, feed grains, upland cotton, or rice. (2) FORGIVENESS OF REFUND REQUIREMENT. — (A) IN GENERAL.— Subject to subparagraph (B), if because of damaging weather or related condition in 1989 or 1990 the total quantity of the 1990 crop of the commodity that the producers are able to harvest on the farm is less than the result of multiplying the farm program payment jdeld established by the Secretary for such crop by the sum of the acreage planted for harvest gind the acreage prevented from being planted O^ecause of a natural disaster, as determined by the Secretary) for such crop (hereinafter in this section referred to as the "qualifying amount"), the producers shall not be required to refund any advance deficiency payment made to the producers for such crop under section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b-2) with respect to that portion of the deficiency in production that does not exceed— (i) in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act, 35 percent of the qualify- ing amount; and (ii) in the case of other producers, 40 percent of the qualifying amount. (B) CROP INSURANCE. —Producers on a farm shall not be eligible for the forgiveness provided for under subparagraph (A), unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247. (3) ELECTION FOR NONRECIPIENTS. — The Secretary shall allow producers on a farm who elected, prior to the date of enactment of this Act, not to receive advance deficiency payments made available for the 1990 crop under section 107C of the Agricultural Act of 1949, to elect (within 30 days after the date of the 39-194O-91-21:QL3Part5

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