Page:United States Statutes at Large Volume 95.djvu/1255

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1229

made: Provided, That any such payments under this subparagraph shj^ not be included in the payments subject to limitations under the provisions of section 1101 of the Agriculture and Food Act of 1981. Post, p. 1263. "(E) The payment rate for grain sorghums, oats, and, if designated by the Secretary, barley, shall be such rate as the Secretary determines fair and reasonable in relation to the rate at which payments are made available for com. "(F) The total quantity on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on wMch any disaster payment is made to the producer for the crop under paragraph (2) of this subsection. "(2)(A) Except as provided in subparagraph (C) of this paragraph, if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for feed grains to feed grains or other nonconserving crops because of drought,flood,or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers on the number of acres so affected but not to exceed the acreage planted to feed grains for harvest (including any acreage which the producers were prevented from planting to feed grains or other nonconserving crop in lieu of feed grains because of drought,flood,or other natural dissister, or other condition beyond the control of the producers) in the immediately preceding year, multiplied by 75 per centum of the farm program payment yield established by the Secretary times a payment rate equal to 33 Vs per centum of the established price for the crop. "(B) Except as provided in subparagraph (C) of this paragraph, if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of feed grains which the producers are able to harvest on any farm is less than the result of multiplying 60 per centum of the farm program payment yield established by the Secretary for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 50 per centiun of the established price for the crop for the deficiency in production below 60 per centum for the crop. "(C) Producers on a farm shall not be eligible for disaster pa5mients under this paragraph if crop insurance is available to them under the Federal Crop Insurance Act with respect to their feed grain acreage. 7 USC 1501. "(D) Notwithstanding the provisions of subparagraph (C) of this paragraph, the Secretary may make disaster payments to producers on a farm under this paragraph whenever the ^ r e t a r y determines that— "(i) as the result of drought,flood,or other natural disaster, or other condition beyond the control of the producers, producers on a farm have suffered substantial losses of production either from being prevented from planting feed grains or other nonconserving crop or from reduced jdelds, and that such losses have created an economic emergency for the producers; "(ii) Federal crop insurance indemnity payments and other forms of assistance made available by the Federal (Government to such producers for such losses are insufficient to sdleviate such economic emergency, or no crop insurance covered the loss because of transitional problems attendant to the Federal crop insurance progrgmi; and

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