104 STAT. 3968 PUBLIC LAW 101-624—NOV. 28, 1990 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 40 percent for soybeans, sunflowers and for other nonprogram crops for the crop, except that in the case of producers who obtained crop insurance, if available, for the 1990 crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.),35. (2) PAYMENT LEVEL. —For purposes of paragraph (1), the pay- ment level for a commodity shall equal the simple average price received by producers of the commodity, as determined by the Secretary subject to paragraph (3), during the marketing years for the immediately preceding 5 crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. (3) CALCULATION OF PAYMENTS FOR DIFFERENT VARIETIES.— Regulations. (A) CROP-BY-CROP BASIS.—The Secretary shall make disaster payments under this subsection on a crop-by-crop basis, with consideration given to markets and uses of the crops, under regulations issued by the Secretary. (B) DIFFERENT VARIETIES.—For purposes of determining the payment levels on a crop-by-crop basis, the Secretary shall consider as separate crops, and develop separate pay- ment levels insofar as is practicable for, different varieties of the same commodity, and commodities for which there is a significant difference in the economic value in the market. (C) DOUBLE CROPPING. — (i) TREATED SEPARATELY.— In the case of a crop that is historically double cropped (including two crops of the same commodity) by the producers on a farm, the Secretary shall treat each cropping separately for purposes of determining whether the crop was affected by damaging weather or related conditions and the total quantity of the crop that the producers are able to harvest. (ii) APPLICATION OF PARAGRAPH. — This paragraph shall not apply in the case of a replacement crop. (4) EXCLUSIONS FROM HARVESTED QUANTITIES. — For purposes of determining the total quantity of the 1990 nonprogram crop of the commodity that the producers on a farm are able to harvest under paragraph (1), the Secretary shall exclude— (A) commodities that cannot be sold in normal commercial channels of trade; and (B) dockage, including husks and shells, if such dockage is excluded in determining yields under subsection (d)(2). (b) PREVENTED PLANTING CREDIT. — (1) IN GENERAL.—The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1990 crop of the commodity for harvest because of damaging weather
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