PUBLIC LAW 101-82—AUG. 14, 1989 103 STAT. 571 (2) PAYMENT LEVEL. —For purposes of paragraph (1), the pay- ment level for a commodity shall equal the simple average price received by producers of the commodity, as determined by the Secretary subject to paragraph (3), during the marketing years for the immediately preceding 5 crops of the commodity, exclud- ing the year in which the average price was the highest and the year in which the average price was the lowest in such period. (3) CALCULATION OF PAYMENTS FOR DIFFERENT VARIETIES.— (A) CROP-BY-CROP BASIS. —The Secretary shall make disas- Regulations, ter payments under this subsection on a crop-by-crop basis, with consideration given to markets and uses of the crops, under regulations issued by the Secretary, (B) DIFFERENT VARIETIES. —For purposes of determining the payment levels on a crop-by-crop basis, the Secretary shall consider as separate crops, and develop separate pay- ment levels insofar as is practicable for, different varieties of the same commodity, and commodities for which there is a signific£mt difference in the economic value in the market. (4) EXCLUSIONS FROM HARVESTED QUANTITIES. —For purposes of determining the total quantity of the 1989 nonprogram crop of the commodity that the producers on a farm are able to harvest under paragraph (1), the Secretary shall exclude at least 70 percent of— (A) commodities that cannot be sold in normal commer- cial channels of trade; and (B) dockage, including husks and shells, if such dockage is excluded in determining yields under subsection (d)(2). 0)) PREVENTED PLANTING CREDIT. — (1) IN GENERAL.—The Secretary shall provide prevented plant- ing credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1989 crop of the commodity for harvest because of damaging weather or related condition in 1988 or 1989, as determined by the Secretary. (2) MAXIMUM ACREAGE.— Such acreage may not exceed the greater of— (A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natured disaster or other condition beyond the control of the producers) to the commodity for harvest in 1988 minus acreage actually planted for harvest in 1989; or (B) a quantity equal to the averse of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1986, 1987, and 1988 minus acreage actually planted to the commodity for harvest in 1989. (3) ADJUSTMENTS.—The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers. (c) LIMITATION.— Payments provided under subsection (a) for a Contracts. crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 107. (d) SPECIAL RULES FOR NONPROGRAM CROPS. —
�
