Sec. 2241. PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES
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## SEC. 2241 PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES ###
(a)Disaster Payments ####
(1)In general Effective only for producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, except as otherwise provided in this subsection, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of 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, the Secretary shall make a disaster payment available to such producers at a rate equal to 65 percent of the established price for the crop for any deficiency in production greater than 40 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act, 35 percent) for the crop. ####
(2)Limitations #####
(A)Acreage in excess of permitted acreage Payments provided under paragraph
(1)for a crop of a commodity may not be made available to producers on a farm with respect to any acreage in excess of the permitted acreage for the farm for the commodity. #####
(B)Crop insurance Payments provided under paragraph
(1)for a crop of a commodity may not be made available to producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247. ####
(3)Reduction in deficiency payments The total quantity of a crop of a commodity on which deficiency payments otherwise would be payable to producers on a farm under the Agricultural 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 This paragraph shall apply, effective only for the 1990 crops of wheat, feed grains, upland cotton, extra long staple cotton, and rice, to producers on a farm who— ######
(i)had failed wheat, feed grain, upland cotton, extra long staple cotton, or rice acreage; or ######
(ii)were prevented from planting acreage to such commodity because of damaging weather or related condition in 1989 or 1990. #####
(B)Election The Secretary of Agriculture 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 payments in accordance with this section in lieu of payments received under the Agricultural Act of 1949. ###
(b)Advance Deficiency Payments ####
(1)Application of subsection This subsection shall apply only to producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice. ####
(2)Forgiveness of refund requirement #####
(A)In general Subject to subparagraph (B), if because of damaging weather or related condition in 1989 or 1990 the total quantity of the 1990 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 insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act, 35 percent of the qualifying amount; and ######
(ii)in the case of other producers, 40 percent of the qualifying amount. #####
(B)Crop insurance Producers on a farm shall not be eligible for the forgiveness provided for under subparagraph (A), unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247. ####
(3)Election for nonrecipients The Secretary shall allow producers on a farm who elected, prior to the date of enactment of this Act, not to receive advance deficiency payments made available for the 1990 crop under section 107C of the Agricultural Act of 1949, to elect (within 30 days after the date of the enactment of this Act) whether to receive such advance deficiency payments. ####
(4)Date of refund for payments Effective only for the 1990 crops of wheat, feed grains, upland cotton, and rice, if the Secretary determines that any portion of the advance deficiency payment made to producers for the crop under section 107C of the Agricultural Act of 1949 must be refunded, such refund shall not be required prior to July 31, 1991, for that portion of the crop for which a disaster payment is made under subsection (a).
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- 7 USC 1445b–2
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Sec. 2241
PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES
Cite7 USC 1445b–2
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