Page:United States Statutes at Large Volume 104 Part 5.djvu/649

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3971 upland cotton, extra long staple cotton, or rice, the established price for the 1990 crop of the commodity; (B) in the case of producers who did not participate in a production adjustment program for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, the basic county loan rate (or a comparable price, as determined by the Secretary, if there is no current beusic county loan rate) for the 1990 crop of the commodity; (C) in the case of producers of sugar beets, sugarcane, peanuts, or tobacco, the payment level for the commodity established under section 2243(a)(3); and (D) in the case of producers of soybeans or a nonprogram crop (as defined in section 2244(d)(l)), the simple average price received by producers of the commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. SEC. 2247. CROP INSURANCE COVERAGE FOR THE 1991 CROPS. (a) REQUIREMENT.— Subject to the limitations under subsection (b), producers on a farm, to be eligible to receive a disaster pa3m[ient under this chapter, an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) for crop losses due to damaging weather or related condition in 1989 or 1990, or forgiveness of the repayment of advance deficiency pa5nnents under section 2241(b), must agree to obtain multiperil crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 1991 crop of the commodity for which such payments, loans, or forgiveness are sought. 0)) LIMITATIONS.— Producers on a farm shall not be required to agree to obtain crop insurance under subsection (a) for a commodity— (1) unless such producers' deficiency in production, with respect to the crop for which a disaster payment under this chapter otherwise may be made, exceeds 65 percent; (2) where, or if, crop insurance coverage is not available to the producers for the commodity for which the payment, loan, or forgiveness is sought; (3) if the producers' annual premium rate for such crop insurance is an amount greater than 125 percent of the average premium rate for insurance on that commodity for the 1990 crop in the county in which the producers are located; (4) in any case in which the producers' annual premium for such crop insurance is an amount greater than 25 percent of the amount of the pa3anent, loan, or forgiveness sought; or (5) if the producers can establish by appeal to the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), or to the county committee established under section 332 of the Consolidated Farm and Rural Development Act (17 U.S.C. 1982), as appropriate, that the purchase of crop insurance would impose an undue financial hardship on such producers and that a waiver of the requirement to obtain crop insurance should, in the discretion of the county committee, be granted. (c) IMPLEMENTATION. —

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