Page:United States Statutes at Large Volume 104 Part 5.djvu/647

 «>NI<^>^ PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3969 or related condition in 1989 or 1990, as determined by the Secretary. (2) MAXIMUM ACREAGE. —Such acreage may not exceed the greater of— (A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1989 minus acreage actually plgmted for harvest in 1990; or (B) a quantity equal to the average of the acreage on the natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1987, 1988, and 1989 minus acreage actually planted to the commodity for harvest in 1990. (3) ADJUSTMENTS.—The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers. (c) LIMITATION.—Pa5anents 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. (d) SPECIAL RULES FOR NONPROGRAM CROPS. — (1) DEFINITION OF NONPROGRAM CROP. — As used in this section, the term "nonprogram crop" means all crops for which crop insurance through the Federal Crop Insurance Corporation was available for crop year 1990, and other commercial crops (including ornamentals which shall include flowering shrubs, flowering trees, and field or contsiiner grown roses or turf and sweet potatoes for which such insurance was not available for crop year 1990), except that such term shall not include a crop covered under section 2241, 2242, or 2243, soybeans, or sunflowers. (2) FARM YIELDS.— (A) ESTABLISHMENT. — The Commodity Credit Corporation shall establish disaster program farm yields for nonprogrsun crops to carry out this section. (B) l^ovEN YIELDS AVAILABLE.— I f the producors on a farm can provide satisfactory evidence to the Commodity Credit Corporation of actual crop yields on the farm for at least 1 of the immediately preceding 3 crop years, the yield for the farm shall be based on such proven yield. (C) PROVEN YIELDS NOT AVAILABLE.— I f such data do not exist for any of the 3 preceding crop years, the Commodity Credit Corporation shall establish a yield for the farm by using a county aversige jdeld for the commodity, or by using other data available to it. (D) COUNTY AVERAGE YIELDS. —In establishing county average yields for nonprogram crops, the Commodity Credit Corporation shall use the best available information concerning yields. Such information may include extension service records, credible nongovernmental studies, and yields in similar counties. (3) RESPONSIBILITY OF PRODUCERS. —It shall be the responsibility of the producers of nonprogram crops to provide satisfactory evidence of 1990 crop losses resulting from damaging weather or
 * farm planted (or prevented from being planted due to a

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