103 STAT. 780 PUBLIC LAW 101-134—OCT. 30, 1989 Public Law 101-134 ^^ . 101st Congress An Act Oct. 30, 1989 To amend the Disaster Assistance Act of 1989 to avoid penalizing producers who [S. 1792] planted a replacement crop on dissister-affected acreage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPLANTED ACREAGE. Section 110 of the Disaster Assistance Act of 1989 (Public Law 101-82; 7 U.S.C. 1421 note) is amended to read as follows: "SEC. 110. NO DOUBLE PAYMENTS ON REPLANTED ACREAGE. "(a) REDUCTION OF DISASTER PAYMENTS.— Effective only for producers on a farm who receive disaster payments under this subtitle for a crop of a commodity, the Secretary of Agriculture shall reduce such payments by an amount that reflects the net value (as determined under subsection (c)) of any crop such producers plant for harvest in 1989 to replace the crop for which disaster payments are received. "(b) REPLACEMENT CROPS.— For purposes of subsection (a), a crop shall be considered to be planted to replace the crop for which disaster payments are received if (because of loss or damage to the first crop due to damaging weather or related condition in 1988 or 1989) the second crop is planted on acreage on which the producers planted, or were prevented from planting, the first crop. "(c) ADMINISTRATION. — "(1) DETERMINATION OF VALUE. — In carrying out this section, the Secretary shall— "(A) only consider any production of the second crop that is in excess of 50 percent of the county average yield for such crop; "(B) base the value of the excess second crop production on average market prices for the second crop during a representative period; and "(C) reduce the value of such excess second crop produc- tion by 25 percent. "(2) HISTORICAL CROPPING PATTERNS. — In carrying out this section, the Secretary shall take into account the historical cropping patterns of producers. "(3) REDUCTION ONLY APPLICABLE TO REPLANTED ACREAGE. — The reduction provided for in this subsection shall only be applied against payments due with respect to acreage that was replanted. "(4) FUTURE CROPPING PRACTICES. —In carrying out this sec- tion, the Secretary may make adjustments to the crop acreage bases to reflect crop rotation practices because of the occurrence of a natural disaster or other similar condition beyond the control of the producer in determining a fair and equitable crop acreage base.".
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