Page:United States Statutes at Large Volume 103 Part 1.djvu/602

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103 STAT. 574 PUBLIC LAW 101-82-AUG. 14, 1989 payments under section 101(b), must agree to obtain multiperil crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 1990 crop of the commodity for which such payments, loans, or forgiveness are sought. (b) LIMITATIONS.— Producers on a farm shall not be required to agree to obtain crop insurance under subsection (a) for a commod- ity- CD unless such producers' deficiency in production, with re- spect to the crop for which a disaster payment under this subtitle otherwise may be made, exceeds 65 percent; (2) where, or if, crop insurance coverage is not available to the producers for the commodity for which the payment, loan, or forgiveness is sought; (3) if the producers' annual premium rate for such crop insurance is an amount greater than 125 percent of the average premium rate for insurance on that commodity for the 1989 crop in the county in which the producers are located; (4) in any case in which the producers' annual premium for such crop insurance is an amount greater than 25 percent of the amount of the payment, loan, or forgiveness sought; or (5) if the producers can establish by appeal to the county committee established under section 8(b) of the Soil Conserva- tion and Domestic Allotment Act (16 U.S.C. 590(b)), or to the county committee established under section 332 of the Consoli- dated Farm and Rural Development Act (17 U.S.C. 1982), as appropriate, that the purchase of crop insurance would impose an undue financial hardship on such producers and that a waiver of the requirement to obtain crop insurance should, in the discretion of the county committee, be granted. (c) IMPLEMENTATION. — (1) C!ouNTY COMMITTEES. —The Secretary of Agriculture shall ensure (acting through the county committees established under section 8(b) of the Soil Conservation and Domestic Allot- ment Act and located in the counties in which the assistance programs provided for under sections 101 through 105 are implemented and through the county committees established under section 332 of the Consolidated Farm and Rural Develop- ment Act in counties in which emergency loans, as described in subsection (a), are made available) that producers who apply for assistance, as described in subsection (a), obtain multiperil crop insurance as required under this section. (2) OTHER SOURCES.— Each producer who is subject to the requirements of this section may comply with such require- ments by providing evidence of multiperil crop insurance cov- erage from sources other than through the county committee office, as approved by the Secretary. Regulations. (3) COMMISSIONS.—The Secretary shall provide by regulation for a reduction in the commissions paid to private insurance agents, brokers, or companies on crop insurance contracts en- tered into under this section sufficient to reflect that such insurance contracts principally involve only a servicing func- tion to be performed by the agent, broker, or company. (d) REPAYMENT OF BENEFITS. — Notwithstanding any other provi- sion of law, if (prior to the end of the 1990 crop year for the commodity involved) the crop insurance coverage required of the producer under this section is canceled by the producer, the producer—