PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-53 (d) In the case of a removed tree that was covered by a crop insurance tree poHcy, compensation for lost production under subsection (b) with respect to such a tree shall be reduced by the indemnity received with respect to such a tree. In the case of a removed tree that was not covered by a crop insurance tree policy, although such insurance was available for the tree, compensation for lost production under subsection (b) with respect to such a tree shall be reduced by 5 percent. (e) The Secretary of Agriculture shall use $58,000,000 of the funds of the Commodity Credit Corporation to carry out this section, to remain available until expended. (f) The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. SEC. 811. Notwithstanding any other provision of law, the Secretary of Agriculture shall use $100,000,000 of Commodity Credit Corporation funds, to remain available until expended, to make payments to apple producers to provide relief for the loss of markets: Provided, That the amount of pa5anent to each producer shall be made on a per pound basis equal to each qualifying producer's 1998 and 1999 production of apples: Provided further. That the grower shall establish eligibility for the amount of market loss payment upon either of the 2 crop years or an average of the 2 years: Provided further, That the Secretary shall not make payments for that amount of a particular farm's apple production that is in excess of 1.6 million pounds: Provided further. That in addition to the assistance provided under this section, the Secretary of Agriculture shall use $38,000,000 of Commodity Credit Corporation funds, to remain available until expended, to make payments to apple and potato producers to compensate them for quality losses to either or both their 1999 and 2000 crops due to fireblight or weather-related disaster, including but not limited to a hurricane or hail: Provided further. That these payments shall be made regardless of whether a crop was harvested and without limit: Provided further. That the producer shall be ineligible for payments under this section with respect to a market loss for apples or a quality loss for apples or potatoes to the extent of that amount that the producer received as compensation or assistance for the loss under any other Federal program, other than the Federal Crop Insurance Program established under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.): Provided further, That the Secretary shall not establish any terms or conditions for grower eligibility, such as limits based upon gross income, other than those in this section: Provided further, That the assistance made available under this section for an eligible producer shall be made as soon as practicable after the enactment of this Act: Provided further. That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress:
�
