Page:United States Statutes at Large Volume 104 Part 5.djvu/651
PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3973 (2) ELECTION. —I f a producer is subject to paragraph (1), the person may elect (subject to the benefits limitations under section 609 of the Agricultural Act of 1949 (7 U.S.C. 1471g) whether to receive the $100,000 in such payments, or such livestock emergency benefits (not to exceed $50,000), or a combination of payments and benefits specified by the person, (d) REGULATIONS. —The Secretary of Agriculture shall issue regulations— (1) defining the term "person" for the purposes of this section and section 2266, which shall conform, to the extent practicable, to the regulations defining the term "person" issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); and (2) prescribing such rules as the Secretary determines necessary to ensure a fsdr and reasonable application of the limitations established under this section. SEC. 2250. SUBSTITUTION OF CROP INSURANCE PROGRAM YIELDS. (a) IN GENERAL. — Notwithstanding any other provision of this chapter, the Secretary of Agriculture may permit each eligible producer (as defined in subsection (d)) of a 1990 crop of a commodity who has obtained multiperil crop insurance for such crop (or, as provided in subsection (c), who obtained multiperil crop insurance for the producer's 1989 crop of such commodity) under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to substitute, at the discretion of the producer, the crop insurance jdeld for such crop, as established under such Act, for the farm yield otherwise assigned to the producer under this chapter, for the purposes of determining such producer's eligibility for a disaster payment on the 1990 crop under this chapter and the amount of such payment. (b) ADJUSTMENT OF ADVANCED DEFICIENCY PAYMENTS. — (1) IN GENERAL.— Notwithstanding any other provision of this chapter, if an eligible producer of wheat, feed grains, cotton, or rice elects to substitute yields for such producer's 1990 crop under subsection (a), the producer's eligibility for a waiver or repayment of an advance deficiency payment on such crop under this chapter shall be adjusted as provided in paragraph (2). (2) AMOUNT. —The amount of production of such crop on which the producer otherwise would be eligible for waiver of repa3maent of advance deficiency payments under this chapter shall be reduced by an amount of production equal to the difference between— (A) the amount of production eligible for disaster pay- ments under this chapter using a substituted yield under this section; and (B) the amount of production that would have been eligible for disaster pa3anents using the farm program pay- ment yield otherwise assigned to the producer under this chapter. (c) MULTIPERIL CROP INSURANCE NOT AVAILABLE. — A producer may use the crop insurance yield for the producer's 1989 crop of a commodity for purposes of substituting }delds under subsection (a) if the producer demonstrates to the Secretary that, through no fault of the producer, multiperil crop insurance under the Federal Crop Insurance Act was not made available to the producer for the producer's 1990 crop of the commodity.