PUBLIC LAW 101-82—AUG. 14, 1989 103 STAT. 567 (ii) in the case of other producers, 40 percent of the qualifying amount. (B) CROP INSURANCE.—Producers on a farm shall not be eligible for the forgiveness provided for under subpara- graph (A), unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 107. (3) ELECTION FOR NONRECIPIENTS. — The Secretary shall allow producers on a farm who elected, prior to the date of enactment of this Act, not to receive advance deficiency payments made available for the 1989 crop under section 107C of the Agricul- tural Act of 1949, to elect (within 30 days after the date of the enactment of this Act) whether to receive such advance defi- ciency payments. (4) DATE OF REFUND FOR PAYMENTS. — Effective only for the 1989 crops of wheat, feed grains, upland cotton, and rice, if the Secretary determines that any portion of the advance deficiency payment made to producers for the crop under section 107C of the Agricultural Act of 1949 must be refunded, such refund shall not be required prior to July 31, 1990, for that portion of the crop for which a disaster payment is made under subsection (a). SEC. 102. PAYMENTS TO PROGRAM NONPARTICIPANTS FOR TARGET PRICE COMMODITIES. (a) DISASTER PAYMENTS.— (1) IN GENERAL. — Effective only for producers on a farm who elected not to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the 1989 crop of wheat, feed grains, upland cotton, f extra long staple cotton, or rice, if the Secretary of Agriculture determines that because of damaging weather or related condi- tion in 1988 or 1989, the total quantity of the 1989 crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 50 percent of the county average yield established by the Secretary for such crop by the sum of acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection Q)), the Secretary shall make a disaster payment available to such producers. (2) PAYMENT RATE.— The payment shall be made to the producers at a rate equal to 65 percent of the basic county loan rate (or a comparable price if there is no current basic county loan rate) for the crop, as determined by the Secretary, for any deficiency in production greater than 50 percent for the crop. 0)) PREVENTED PLANTING CREDIT.— (1) IN GENERAL.— The Secretary shall provide prevented plant- ing credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1989 crop of the commodity for harvest because of damaging weather or related condition in 1988 or 1989, as determined by the Secretary. (2) MAXIMUM ACREAGE. — Such acreage may not exceed the greater of— (A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to
�
