Page:United States Statutes at Large Volume 104 Part 5.djvu/648

 104 STAT. 3970 PUBLIC LAW 101-624—NOV. 28, 1990 ( related condition in 1989 or 1990 in order for such producers to obtain disaster payments under this section. SEC. 2245. CROP QUALITY REDUCTION DISASTER PAYMENTS. (a) IN GENERAL.— To ensure that all producers of 1990 crops covered under sections 2241 through 2244 are treated equitably, the Secretary of Agriculture may make additional disaster payments to producers of such crops who suffer losses resulting from the reduced quality of such crops caused by damaging weather or related condition in 1989 or 1990, as determined by the Secretary. Qo) EuGiBLE PRODUCERS.— If the Secretary determines to make crop quality disaster payments available to producers under subsection (a), producers on a farm of a crop described in subsection (a) shall be eligible to receive reduced quality disaster payments only if such producers incur a deficiency in production of not less than 35 percent and not more than 75 percent for such crop (as determined under section 2241, 2242, 2243, or 2244, as appropriate). (c) MAXIMUM PAYMENT RATE.— The Secretary shall establish the reduced quality disaster payment rate, except that such rate shall not exceed 10 percent, as determined by the Secretary, of— (1) the established price for the crop, for commodities covered under section 2241; (2) the basic county loan rate for the crop (or a comparable price if there is no current basic county loan rate), for commodities covered under section 2242; (3) the payment level under section 2243(a)(3), for commodities covered by section 2243; and (4) the payment level under section 2244(a)(2), for commodities covered under section 2244. (d) DETERMINATION OF PAYMENT.—The amount of payment to a producer under this section shall be determined by multiplying the payment rate established under subsection (c) by the portion of the actual harvested crop on the producer's farm that is reduced in quality by such natural disaster in 1989 or 1990, as determined by the Secretary. SEC. 2246. EFFECT OF FEDERAL CROP INSURANCE PAYMENTS. In the case of producers on a farm who obtained crop insurance for the 1990 crop of a commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Secretary of Agriculture shall reduce the amount of payments made available under this chapter for such crop to the extent that the amount determined by adding the net amount of crop insurance indemnity payment (gross indemnity less premium paid) received by such producers for the deficiency in the production of the crop and the disaster payment determined in accordance with this chapter for such crop exceeds the amount determined by multiplying— (1) 100 percent of the yield used for the calculation of disaster payments made under this chapter for such crop; by (2) the sum of the acreage of such crop planted to harvest and the acreage for which prevented planting credit is approved by the Secretary (or, in the case of disaster payments under section 2241, the eligible acreage established under sections 2241(a)(l) and 2241(a)(2)(A)); by (3)(A) in the case of producers who participated in a production adjustment program for the 1990 crop of wheat, feed grains.

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