Page:United States Statutes at Large Volume 104 Part 5.djvu/98

 104 STAT. 3420 PUBLIC LAW 101-624—NOV. 28, 1990 determined by the Secretary, that do not have certified commercial scsdes from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (3) certify that they were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to such facilities maintained by the users of such high-moisture feed grain; (4) comply with deadlines established by the Secretary for harvesting the feed grain and submit applications for loans within deadlines established by the Secretary; and (5) participate in an acreage limitation program for the crop of feed grains established by the Secretary. (b) EuGiBiLTTY OF ACQUIRED FEED GRAINS. —The loans shall be made on a quantity of feed grains of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (1) the acreage of the feed grain in a high moisture state harvested on the producer's farm; by (2) the lower of the farm program payment)deld or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such high moisture feed grain was obtained. 7 USC 1445J SEC. 405. CALCULATION OF REFUNDS OF ADVANCE ESTABLISHED PRICE note. PAYMENTS BY PRODUCERS OF THE 1988 OR 1989 CROPS OF FEED BARLEY. (a) MANDATORY CALCULATION OF REFUND. — .(1) IN GENERAL. — Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall calculate, for informational purposes only (except as provided in the discretionary authority under subsection (b)), the amount of the refund of any advance deficiency payment a producer of barley who participated in the 1988 or 1989 Federal barley price support program would be required to make pursuant to section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b-2) (as it existed immediately before the date of enactment of this Act) based on a formula which excludes malting barley from the market price calculations of barley used to determine the amount of refund of the advance deficiency payment required of the producer. (2) DISCLOSURE. — Federal (A) To THE PUBLIC.—The Secretary shall publish in the Regifter, Federal Register— publication. (J) ^jjg formula used to perform the calculations described in paragraph (1); (ii) the aggregate results that the use of the calculation would have pursuant to subsection (b), in terms of— (I) the total reduction in the amount of refunds; (II) the number of producers affected; and (III) any other information the Secretary determines appropriate; (iii) a declaration of the Secretary's decision whether to use the calculation to recalculate barley producer's refunds pursuant to subsection (b); and

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