103 STAT. 566 PUBLIC LAW 101-82—AUG. 14, 1989 available to producers on a farm unless such producers enter into an agreement to obtain multiperil crop insur- ance, to the extent required under section 107. (3) REDUCTION IN DEFICIENCY PAYMENTS. —The total quantity of a crop of a commodity on which deficiency payments other- wise would be payable to producers on a farm under the Agri- cultural Act of 1949 shall be reduced by the quantity on which a payment is made to the producers for the crop under paragraph (1). (4) ELECTION OF PAYMENTS. — (A) APPLICATION OF PARAGRAPH. —T h is paragraph shall apply, effective only for the 1989 crops of wheat, feed grains, upland cotton, and rice, to producers on a farm who— (i)(I) had failed wheat, feed gr£dn, upland cotton, or rice acreage; or (II) were prevented from planting acreage to such commodity because of damaging weather or related condition in 1988 or 1989; and (ii) elected to devote all or a portion of such acreage to conservation or other uses in accordance with sec- tion lOTEKcXlXC), lOSacXlXB), 103A(c)(l)(B), or lOlACcXlXB) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(C), 1444e(c)(l)(B), 1444-l(c)(l)(B), or 1441- l(c)(l)(B)). (B) ELECTION.—The Secretary shall (within 30 days after the date of enactment of this Act) permit producers referred to in subparagraph (A) to elect whether to receive disaster pa3mients in accordance with this section in lieu of pay- ments under the sections referred to in subparagraph (A)(ii). (b) ADVANCE DEFICIENCY PAYMENTS. — (1) APPLICATION OF SUBSECTION.— Th is subsection shall apply only to producers on a farm who elected to participate in the production adjustment program established under the Agricul- tural Act of 1949 for the 1989 crop of wheat, feed grains, upland cotton, or rice. (2) FORGIVENESS OF REFUND REQUIREMENT.— (A) IN GENERAL. —Subject to subparagraph (B), if because of damaging weather or related condition in 1988 or 1989 the total quemtity of the 1989 crop of the commodity that the producers are able to harvest on the farm is less than the result of multiplying the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of a natural disaster, as determined by the Secretary) for such crop (hereinafter in this section referred to as the "qualifying amount"), the producers shall not be required to refund any advance deficiency payment made to the producers for such crop under section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b-2) with respect to that portion of the deficiency in production that does not exceed— (i) in the case of producers who obtained crop insur- ance for the 1989 crop of the commodity under the Federal Crop Insurance Act, 35 percent of the qualify- ing amount; and
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