Page:United States Statutes at Large Volume 104 Part 5.djvu/95

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f4il%.^ PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3417 "(5) E^XCESS PRODUCTION. — "(A) IN GENERAL.—Any quantity of feed grains 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 feed grains 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 feed grains are produced less the quantity of feed grains 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 feed grains may market, barter, or use a quantity of the excess feed grains referred to in subparagraph (A) in an amount that reflects the quantity of feed grains 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. "(6) DUTIES OF SECRETARY.— In carrying out the pilot program established under this suteection, the Secretary— "(A) shall issue such regulations as are necessary to carry Regulations. out the program; "(B) may require increased acreage reduction or land diversion requirements with respect to producers who have had excess feed grain production in order to allow the producers to market, barter, or use the production in subsequent years; "(C) shall take appropriate measures designed to prevent the circumvention of the program established under this subsection, including the imposition of penalties; "(D) may require producers who participate in the program for a crop, but who fail to comply with the terms and conditions of the program, to refund all or a part of any deficiency payments received with respect to the crop; "(E) may require the forfeiture to the Commodity Credit (Corporation of any feed grains that is produced in excess of the production limitation quantity and that is not marketed, bartered, or used within 5 marketing years; and "(F) shall ensure equitable treatment for producers who participate in the pilot program if the Secretary allows increases (based on actual production levels) in the determination of farm program payment yields for feed grains for the farm. "(7) REPORT. — "(A) IN GENERAL.—The Comptroller General of the United States shall prepare a report that evaluates the pilot program carried out under this subsection.