Page:United States Statutes at Large Volume 99 Part 2.djvu/302

 99 STAT. 1412

PUBLIC LAW 99-198—DEC. 23, 1985

Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(G) As used in this subsection, the term 'nonprogram crop' means any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. "(2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for upland cotton to upland cotton 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 in an amount equal to the product obtained by multiplying— "(I) the number of acres so affected but not to exceed the ^- acreage planted to upland cotton for harvest (including any acreage that the producers were prevented from planting to I] upland cotton or other nonconserving crops in lieu of upland ,1 cotton because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by "(II) 75 percent of the farm program payment yield established for the farm by the Secretary; by ^, "(III) a payment rate equal to 33 V percent of the established a price for the crop. "(ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of upland cotton ^,. held by the Commodity Credit Corporation. "(B) Except as provided in subparagraph (C), 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 upland cotton that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established for the farm 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 33 V percent of the established price for the crop for the a deficiency in production below 75 percent for the crop. Prohibition. "(C) Producers on a farm shall not be eligible for— "(i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the upland cotton acreage of the producers; or '*'= I "(ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the upland cotton acreage of the producers. "(D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this subsection if the Secretary determines that— "(I) as the result of drought, flood, or other natural disaster, o^r 1! or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting upland cotton or other nonconserving crops or from reduced yields; "(II) such losses have created an economic emergency for the sJ" producers;

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