103 STAT. 572 PUBLIC LAW 101-82—AUG. 14, 1989 (1) DEFINITION OF NONFROGRAM CROP. —As used in this section, ,, the term "nonprogram crop" means all crops for which crop insurance through the Federal Crop Insurance Corporation was available for crop year 1989, and other commercial crops (including sweet potatoes) for which such insurance was not available for crop year 1989, except that such term shall not include a crop covered under section 101, 102, or 103, soybeans, or sunflowers. (2) FARM YIELDS. — (A) ESTABLISHMENT.— The Commodity Credit Corporation shall establish disaster program farm yields for nonprogram crops to carry out this section. (B) PROVEN YIELDS AVAILABLE.— I f the producers on a farm can provide satisfactory evidence to the Commodity Credit Corporation of actual crop yields on the farm for at least 1 of the immediately preceding 3 crop years, the yield for the farm shall be based on such proven yields. (C) PROVEN YIELDS NOT AVAILABLE.— I f such data do not exist for any of the 3 preceding crop years, the Commodity Credit Corporation shall establish a yield for the farm by using a county average yield for the commodity, or by using other data available to it. (D) COUNTY AVERAGE YIELDS. — In establishing county average jdelds for nonprogram crops, the Commodity Credit Corporation shall use the best available information concerning jdelds. Such information may include extension service records, credible nongovernmental studies, and yields in similar counties. (3) RESPONSIBILITY OF PRODUCERS. —It shall be the responsibil- ity of the producers of nonprogram crops to provide satisfactory evidence of 1989 crop losses resulting from damaging weather or related condition in 1988 or 1989 in order for such producers to obtain disaster payments under this section. SEC. 105. CROP QUALITY REDUCTION DISASTER PAYMENTS. (a) IN GENERAL.—To ensure that all producers of 1989 crops covered under sections 101 through 104 are treated equitably, the Secretary of Agriculture may make additional disaster payments to producers of such crops who suffer losses resulting from the reduced quality of such crops caused by damaging weather or related condi- tion in 1988 or 1989, as determined by the Secretary. (b) EuGiBLE PRODUCERS. —I f the Secretary determines to make crop quality disaster payments available to producers under subsec- tion (a), producers on a farm of a crop described in subsection (a) shall be eligible to receive reduced quality disaster payments only if such producers incur a deficiency in production of not less than 45 percent and not more than 75 percent for such crop (as determined under section 101,102,103, or 104, as appropriate). (c) MAXIMUM PAYMENT RATE.—The Secretary shall establish the reduced quality disaster pa3anent rate, except that such rate shall not exceed 10 percent, as determined by the Secretary, of— (1) the established price for the crop, for commodities covered under section 101; (2) the basic county loan rate for the crop (or a comparable price if there is no current basic county loan rate), for commod- ities covered under section 102;
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