103 STAT. 570 PUBLIC LAW 101-82—AUG. 14, 1989 (3) the quantity of undermarketings of quota peanuts from a farm for the 1989 crop that may otherwise be claimed under section 358 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such peanuts for which payment has been received under this section. (e) SPECIAL RULES FOR TOBACCO. —Notwithstanding any other provision of law— (1) the quantity of undermarketings of quota tobacco from a farm for the 1989 crop that may otherwise be claimed under section 317 or 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c or 1314e) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such tobacco for which payment has been received under this section; and (2) disaster payments made to producers under this section may not be considered by the Secretary in determining the net losses of the Commodity Credit Corporation under section 106A(d) of the Agricultural Act of 1949 (7 U.S.C. 1445-l(d)). SEC. 104. SOYBEANS AND NONPROGRAM CROPS. (a) DISASTER PAYMENTS.— (1) IN GENERAL. — (A) EuGiBiliTY.—Effective only for the 1989 crops of soy- beans and nonprogram crops, if the Secretary of Agri- culture determines that, because of damaging weather or related condition in 1988 or 1989, the total quantity of the 1989 crop of the commodity that the producers on a farm are able to harvest is less than— (i) with respect to soybeans and sunflowers, the result of multiplying 55 percent of the State, area, or county yield, adjusted for adverse weather conditions during the 1986, 1987, and 1988 crop years, as determined by the Secretary, for such crop by the sum of the acreage planted for harvest and the acreage for which pre- vented planting credit is approved by the Secretary for such crop under subsection (b); (ii) with respect to nonprogram crops (other than as provided in clauses (i) and (iii)), the result of multiply- ing 50 percent of the yield established by the Commod- ity Credit Corporation under subsection (d)(2) for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planting credit is ap- proved by the Secretary for such crop under subsection (b); and (iii) with respect to crops covered in section 201(b) of the Agricultural Act of 1949 (7 U.S.C. 1446(b)), 50 per- cent of the historical annual yield of the producers for such crops, as determined by the Secretary, the Secretary shall make a disaster payment available to such producers. (B) PAYMENT RATE.— The payment shall be made to such producers at a rate equal to 65 percent of the applicable payment level under paragraph (2), as determined by the Secretary, for any deficiency in production greater than 45 percent for soybeans and sunflowers (50 percent for other nonprogram crops) for the crop.
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