Page:United States Statutes at Large Volume 105 Part 2.djvu/882

 105 STAT. 1834 PUBLIC LAW 102-237—DEC. 13, 1991 "(A) the Secretary first shall reassign the estimated quantity of the deficit to the allocations for other processors within that State, depending on the capacity of each other processor to fill the portion of the deficit to be assigned to it and taking into account the interests of producers served by the processors; "(B) if after the reassignments the deficit cannot be completely eliminated, the Secretary shall reassign the estimated quantity of the deficit proportionately to the allotments for other cane sugar States, depending on the capacity of each other State to fill the portion of the deficit to be assigned to it, with the reassigned quantity to each State to be allocated among processors in that State in proportion to the allocations of the processors; and "(C) if after the reassignments, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports. "(2) BEET SUGAR.— I f the Secretary determines that a sugar beet processor who has been allocated a share of the beet sugar allotment will be unable to market that allocation— "(A) the Secretary first shall reassign the estimated quantity of the deficit to the allotments for other sugar beet processors, depending on the capacity of each other processor to fill the portion of the deficit to be assigned to it and taking into account the interests of producers served by the processors; and "(B) if after the reassignments, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports. "(3) CORRESPONDING INCREASE. — The allocation of each processor receiving a reassigned quantity of an allotment under this subsection for a fiscal year shall be increased to reflect the reassignment.", (h) PROVISIONS APPLICABLE TO PRODUCERS. —Section 359f(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(b)) is amended— (1) in paragraph (1)(A), by striking "250 producers in such State" and inserting "250 sugarcane producers in the State (other than Puerto Rico)"; (2) in paragraph (2), by striking "establish proportionate shares for the crop of sugarcane that is harvested during" and inserting "establish a proportionate share for each sugarcaneproducing farm that limits the acreage of sugarcane that may be harvested on the farm for sugar or seed during"; and (3) by striking paragraphs (3), (4), and (5) and inserting the following new paragraphs: "(3) METHOD OF DETERMINING. — For purposes of determining proportionate shares for any crop of sugarcane: "(A) The Secretary shall establish the State's per-acre yield goal for a crop of sugarcane at a level (not less than the average per-acre yield in the State for the preceding 5 years, as determined by the Secretary) that will ensure an adequate net return per pound to producers in the State, taking into consideration any available production research data that the Secretary considers relevant.

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