Page:United States Statutes at Large Volume 104 Part 5.djvu/116

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104 STAT. 3438 PUBLIC LAW 101-624—NOV. 28, 1990 for the participation not later than such date as the Secretary may prescribe. "(B) MODIFICATION OR TERMINATION. —The Secretary may, by mutual agreement with producers on a farm, modify or terminate any such agreement if the Secretary determines the action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. The Secretary may modify the agreement under this subparagraph for the purpose of alleviating a shortage in the supply of agricultural commodities only if there has been a significant change in the estimated stocks of the commodity since the Secretary announced the final terms and conditions of the program for the crop of upland cotton. " (f) INVENTORY REDUCTION PAYMENTS.— "(1) IN GENERAL.—The Secretary may, for each of the 1991 through 1995 crops of upland cotton, make payments available to producers who meet the requirements of this subsection. "(2) FORM. —The payments may be made in the form of marketing certificates. " (3) PAYMENTS. — "(A) IN GENERAL.— Pajonents under this subsection shall be determined in the same manner as provided in subsection (b). "(B) QUANTITY OF COTTON MADE AVAILABLE. — The quantity of upland cotton to be made available to a producer under this subsection shall be equal in value to the pay- ments so determined under this subsection. "(4) ELIGIBILITY.— A producer shall be eligible to receive a payment under this subsection for a crop if the producer— "(A) Eigrees to forgo obtaining a loan under subsection (a); "(B) agrees to forgo receiving pa3nnents under subsection (0; "(C) does not plant upland cotton for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (e); and "(D) otherwise complies with this section. " (g) EQUITABLE REUEF. — "(1) LOANS AND PAYMENTS. — If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans and payments, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. The Secretary may consider whether the producer made a good faith effort to comply fully with the terms and conditions of the program in determining whether equitable relief is warranted under this paragraph. "(2) DEADLINES AND PROGRAM REQUIREMENTS. — The Secretary may authorize the county and State committees established under section 8(b) of the &)il Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program.