Page:United States Statutes at Large Volume 104 Part 5.djvu/108

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104 STAT. 3430 PUBLIC LAW 101-624—NOV. 28, 1990 "(F) REDUCTION FOR DISASTER PAYMENTS. —The total quantity of upland cotton on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). "(2) DISASTER PAYMENTS. — "(A) PREVENTED PLANTING.— 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 upland cotton or other nonconserving crops in lieu of upland 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 jdeld established for the farm by the Secretary; by "(iii) a payment rate equal to 33 Va percent of the established price for the crop. "(B) REDUCED YIELDS. — 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 by the Secretary for the crop by the acreage planted for harvest for the crop, the Secretary shall make a reduced jdeld disaster payment to the producers at a rate equal to 33 Va percent of the established price for the crop for the deficiency in production below 75 percent for the crop. "(C) (DROP INSURANCE.—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 "(ii) reduced jdeld disaster payments under subparagraph (B), if reduced jdeld crop insurance is available to the producers under such Act with respect to the upland cotton acreage of the producers. "(D) ADMINISTRATION. — "(i) ECONOMIC EMERGENCIES.— Notwithstanding subparagraph (C), the Secretary may make a disaster pa3anent to the producers on a farm under this paragraph if the Secretary determines that—