Page:United States Statutes at Large Volume 104 Part 5.djvu/643

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3965 (3) ADJUSTMENTS.—The Secretary shall mgike appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers. (c) LIMITATIONS. — (1) ACREAGE LIMITATION PROGRAM. —The amount of payments made available to producers on a farm for a crop of a commodity under subsection (a) shall be reduced by a factor equivalent to the acreage limitation program percentage established for such crop under the Agricultural Act of 1949. (2) CROP INSURANCE.—Pajnnents provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247. SEC. 2243. PEANUTS, SUGAR, AND TOBACCO. (a) DISASTER PAYMENTS.— (1) IN GENERAL. — Effective only for the 1990 crops of peanuts, sugar beets, sugarcane, and tobacco, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that the producers on a farm are able to harvest is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the county average yield (or program yield, in the case of peanuts) established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers. (2) PAYMENT RATE.— The payment shall be made to the producers at a rate equal to 65 percent of the applicable pay- ment level under paragraph (3), as determined by the Secretary, for any deficiency in production greater than— (A) in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act— (i) 35 percent for the crop; or (ii) with respect to a crop of hurley tobacco or fluecured tobacco, 35 percent of the farm's effective marketing quota for 1990; and (B) in the case of producers who did not obtain crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act— (i) 40 percent for the crop; or (ii) with respect to a crop of hurley tobacco or fluecured tobacco, 40 percent of the farm's effective marketing quota for 1990. (3) PAYMENT LEVEL. — For purposes of paragraph (1), the pay- ment level for a commodity shall be equal to— (A) for peanuts, the price support level for quota peanuts or the price support level for additional peanuts, as applicable;

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