Page:United States Statutes at Large Volume 104 Part 5.djvu/75

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3397 marketing year for a crop shall equal the product obtained by multiplying— "(A) the acreage permitted to be planted to wheat under the acreage reduction program or land diversion program in effect for the crop for the farm; by "(B) the higher of— "(i) the farm program payment jdeld for the farm; or "(ii) the average of the yield per harvested acre for wheat for the farm for each of the 5 crop years immediately preceding the crop year during which the producers first participate in the program established under this subsection, excluding the crop years with the highest and lowest yield per harvested acre and any crop year in which the commodity was not planted on the farm. "(4) TERMS AND CONDITIONS.— Producers on a farm who elect to participate in the program established under this subsection for a crop of wheat shall— "(A) enter into an agreement with the Secretary provid- Cooperative ing that the producers shall comply with the program for agreements. the crop; "(B) not plant program commodities for harvest in a quantity in excess of the sum of the crop acreage bases for the farm; and "(C) be considered to have complied with the terms and conditions of the wheat acreage reduction program or land diversion program for the crop, even though the acreage planted to wheat on the farm exceeds the permitted acreage provided under the acreage reduction or land diversion program. " (5) EXCESS PRODUCTION. — "(A) IN GENERAL. — Any quantity of wheat produced in a crop year on a farm in excess of the production limitation quantity for the farm may be stored by the producers for a period of not to exceed 5 marketing years and may be used only in accordance with this paragraph. "(B) MARKETING IN SUBSEQUENT YEAR. — "(i) PARTICIPANTS IN PROGRAM. —Producers on a farm who are participating in the program established under this subsection may market, barter, or use a quantity of the excess wheat referred to in subparagraph (A) equal to the difference between the production limitation quantity for the farm for the crop year subsequent to the crop year in which the excess wheat is produced less the quantity of wheat produced on the farm during the crop year. "(ii) PARTICIPANTS IN ACREAGE REDUCTION PRO- GRAM. — Producers on a farm who are participating in an acreage reduction or a land diversion program for a crop of wheat may market, barter, or use a quantity of the excess wheat referred to in subparagraph (A) in an amount that reflects the quantity of wheat that would be expected to be produced on acreage that the producers agree to devote to approved conservation uses (in excess of any acreage reduction or land diversion requirements) during a crop year, as determined by the Secretary.

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