PUBLIC LAW 101-82—AUG. 14, 1989 103 STAT. 569 (ii) with respect to a crop of hurley tohacco or flue- cured tobacco, 40 percent of the farm's effective marketing quota for 1989. (3) PAYMENT LEVEL. —For purposes of paragraph (1), the pay- ment level for a commodity shall be equal to— (A) for peanuts, the price support level for quota peanuts or the price support level for additional peanuts, as applicable; (B) for tobacco, the national average loan rate for the type of tobacco involved, or (if there is none) the market price, as determined under section 104(a)(2); and (C) for sugar beets and sugarcane, a level determined by the Secretary to be fair and reasonable in relation to the level of price support established for the 1989 crops of sugar beets and sugarcane, and that, insofar as is practicable, shall reflect no less return to the producer than under the 1989 price support levels. 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 the commodity for harvest in 1988 minus acreage actually planted to harvest in 1989; or (B) a quantity equal to the average of the acresige on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1986, 1987, and 1988 minus acreage actusdly planted to the commodity for harvest in 1989. (3) ADJUSTMENTS.—The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers and any change in quotas for the 1989 crops of tobacco. (c) LIMITATION. —Payments provided under subsection (a) for a Contracts. crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 107. (d) SPECIAL RULES FOR PEANUTS. —Notwithstanding any other provision of law— (1) a deficiency in production of quota peanuts from a farm, as otherwise determined under this section, shall be reduced by the quantity of peanut poundage quota that was the basis of such anticipated production that has been transferred from the farm; (2) payments made under this section shall be made taking into account whether the deficiency for which the deficiency in production is claimed was a deficiency in production of quota or additional peanuts and the payment rate shall be established accordingly; and
�
