Disaster Assistance Act of 1988
PL 100-387 (H.R.5015), enacted 08/11/1988

102 STAT. 924 
PUBLIC LAW 100-387—AUG. 11, 1988 
Public Law 100-387 
100th Congress 
An Act 
——'- 
To provide drought assistance to agricultural producers, and for other purposes. 
[H.R. 5015] 
Be it enacted by the Senate and House of Representatives of the 
Disaster 
United States of America in Congress assembled, That this Act may 
Assistance Act 
be cited as the "Disaster Assistance Act of 1988". 
fuscfl421 note. 
TABLE OF CONTENTS 
TITLE I—EMERGENCY UVESTOCK ASSISTANCE 
Sec. 101. Emergency feed and related assistance. 
Sec. 102. Assistance for dairy farmers. 
Sec. 103. Emergency forage program. 
TITLE II—EMERGENCY CROP LOSS ASSISTANCE 
Subtitle A—Annual Crops 
Sec. 201. Payments to program participants for target price commodities. 
Sec. 202. Pajrments to program nonparticipants for target price commodities. 
Sec. 203. Peanuts, sugar, and tobacco. 
Sec. 204. Soybeans and nonprc^ram crops. 
Sec. 205. Crop quality reduction disaster pajmients. 
Sec. 206. Effect of Federal crop insurance payments. 
Sec. 207. Crop insurance coverage for the 1989 crops. 
Sec. 208. Dry edible beans; communication and education. 
Sec. 209. Transfer of funds. 
Sec. 210. Crops harvested for forage uses. 
Sec. 211. Payment limitations. 
Sec. 212. De minimus 3delds. 
Subtitle B—Forest Crops 
Sec. 221. EligibUity. 
Sec. 222. Assistance. 
Sec. 223. Limitation on assistance. 
Sec. 224. Definition. 
Sec. 225. Duplicative payments. 
Subtitle C—Administrative Provisions 
Sec. 231. Ineligibility. 
Sec. 232. Timing and manner of assistance. 
Sec. 233. Use of Commodity Credit Corporation. 
Sec. 234. Regulations. 
Subtitle D—Sense of Congress 
Sec. 241. Purposes of disaster pajrments. 
TITLE m—OTHER EMERGENCY PROVISIONS 
Subtitle A—Commodity Stock Adjustment 
Sec. 301. Soybeans, sunflowers, and cottonseed and sunflower seed oil. 
Sec. 302. Oats. 
Sec. 303. Producer reserve program for wheat and feed grains. 
Sec. 304. Tobacco and peanuts. 
Subtitle B—Disaster Credit and Forbearance 
Sec. 311. Emergency loans. 
Sec. 312. 1989 farm operating loans. 
Sec. 313. Forbearance and restructuring for farm loans. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 925 
Subtitle C—Conservation Assistance 
' 
Sec. 321. New conservation measures. 
Sec. 322. Conservation reserve enhancement programs. 
Subtitle D—Rural Business 
Sec. 331. Disaster assistance for rural business enterprises. 
Sec. 332. Sale of com to ethanol producers. 
Sec. 333. Survey of agribusiness. 
Sec. 334. Forward contracting report. 
Sec. 335. Rural economic development response to the drought. 
Subtitle E—Agricultural Exports 
Sec. 341. Sense of Congress—agricultural exports. 
Subtitle F—Food Prices 
Sec. 351. Sense of Congress—food prices. 
Sec. 352. Study of effect of drought on food prices. 
TITLE IV—WATER-RELATED ASSISTANCE 
Subtitle A—Water Management for Rural Areas 
Sec. 401. Water management for rural areas. 
Subtitle B—Emergency Drought Authority 
PART 1—RECLAMATION STATES DROUGHT ASSISTANCE 
Sec. 411. Short title. 
Sec. 412. Assistance during drought. 
Sec. 413. Availability of water on a temporary basis. 
Sec. 414. Emergency loan program. 
Sec. 415. Interagency coordination. 
Sec. 416. Report. 
Sec. 417. Carryover storage and water. New Melones Unit, Central Valley project, 
California. 
Sec. 418. Initiation and termination of emergency drought program. 
PART 2—WATER PROJECT 
Sec. 421. Central Valley project water releases. 
PART 3—AUTHORIZATION AND SAVINGS CLAUSE 
Sec. 431. Authorization of appropriations. 
Sec. 432. Savings clause. 
TITLE V-MIGRANT OR SEASONAL FARMWORKER ASSISTANCE 
Sec. 501. Emergency assistance payments to migrant farmworker households. 
Sec. 502. Prorating benefits of migrant or seasonal farmworker households. 
Sec. 503. Assistance to low-income agricultural workers. 
TITLE I—EMERGENCY LIVESTOCK 
ASSISTANCE 
SEC. 101. E
M
E
R
G
E
N
C
Y FEED AND RELATED ASSISTANCE. 
(a) IN GENERAL.—The Agricultural Act of 1949 is amended by 
adding at the end thereof the following new title: 
"TITLE VI—EMERGENCY LIVESTOCK FEED ASSISTANCE 
Emergency 
ACT O F 1988 
Livestock Feed 
Assistance Act 
"SHORT TITLE 
°^ ^^^^• 
"SEC. 601. This title may be cited as the 'Emergency Livestock 
7 USC1421 note. 
Feed Assistance Act of 1988'. 
102 STAT. 926 
PUBLIC LAW 100-387—AUG. 11, 1988 
"DEFINITIONS 
7 use 1471. 
"SEC. 602. As used in this title: 
"(1) The term 'livestock producer' means— 
"(A) a person that is actively engaged in farming and that 
receives a substantial amount of total income from the 
production of grain or livestock, as determined by the 
Secretary, that is— 
"(i) an established producer or husbander of livestock 
or a dairy producer who is a citizen of, or legal resident 
alien in, the United States; or 
"(ii) a farm cooperative, private domestic corpora-
tion, partnership, or joint operation in which a major-
ity interest is held by members, stockholders, or part-
ners who are citizens of, or legal resident aliens in, the 
United States, if such cooperative, corporation, part-
nership, or joint operation is engaged in livestock 
production or husbandry, or dairy production; or 
"(B) Any of the following entities that is actively engaged 
in livestock production or husbandry, or dairy production— 
"(i) any Indian tribe (as defined in section 4(b) of the 
Indism Self-Determination and Education Assistance 
Act (25 U.S.C. 450(b))); 
"(ii) any Indian organization or entity chartered 
under the Act of June 18, 1934 (48 Stat. 984, chapter 
576; 25 U.S.C. 461 et seq.), commonly known as the 
'Indian Reorganization Act'; 
"(iii) any tribal organization (as defined in section 
4(c) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(c))); or 
"(iv) any economic enterprise (as defined in section 
3(e) of the Indian Financing Act of 1974 (25 U.S.C. 
1452(e))); 
"(2) The term 'livestock' means cattle, sheep, goats, swine, 
poultry (including egg-producing poultry), equine animals used 
for food or in the production of food, fish used for food, and 
other animals designated by the Secretary (at the Secretary's 
sole discretion) that— 
"(A) are part of a foundation herd (including producing 
dairy cattle) or offspring; or 
"(B) are purchased as part of a normal operation and not 
to obtain additional benefits under this title. 
"(3) The term 'State' means any State of the United States, 
the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. 
"(4) The term 'feed', for the purposes of emergency feed 
assistance, means any t3rpe of feed (including feed grain, oilseed 
meal, premix or mixed feed, liquid or dry supplemental feed, 
roughs^e, pasture, or forage) that— 
"(A) best suits the livestock producer's operation; and 
"(B) is consistent with acceptable feed practices. 
"(5) The term 'area' includes any Indian reservation (as de-
fined in section 335(eXlXDXii) of the (Consolidated Farm and 
Rural Development Act (7 U.S.C. 1985(eXlXDXii))). 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 927 
EMERGENCY UVESTOCK ASSISTANCE 
"SEC. 603. (a) The Secretary shall provide emergency feed assist- 7 use I47ia. 
ance under this title for the preservation and maintenance of 
livestock in any State or area of a State where, because of disease, 
insect infestation, flood, drought, fire, hurricane, earthquake, storm, 
hot weather, or other natural disaster, the Secretary determines 
that a livestock emergency exists. 
"0)X1) The Secretary shall provide emergency feed assistance 
under this title for the preservation and maintenance of livestock, to 
livestock producers that— 
"(A) conduct farming, ranching, or aquaculture operations in 
any county contiguous to a county where the Secretary has 
determined, under subsection (a), that a livestock emergency 
exists, and 
"(B) are otherwise eligible for assistance under this title. 
"(2) Tlie Secretary shall accept applications for assistance under 
this subsection from producers that are affected by the livestock 
emergency at any time during the eight-month period beginning on 
the date on which the Secretary determines that such emergency 
exists in the other coimty. 
DETERMINATION OF NEED FOR ASSISTANCE 
"SEC. 604. (aXD Whenever the Governor of a State determines 
that a livestock emergency due to a natural disaster exists in the 
State, or a county committee established under section S
O
?
) of the 
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)) 
determines that such an emergency exists in the county, the Gov-
ernor or county committee may submit a request for a determina-
tion by the Secretary of a livestock emergency in such State or 
county and for emergency livestock feed assistance under this title. 
"(2) The request of a Governor or county committee for a livestock 
emergency determination and for emergency livestock feed assist-
ance shall include, to the extent feasible, recommendations to the 
Secretary of those options that will most fully use feed available 
through local sources. 
"(b) The Secretary may consider a State, county, or area in a State 
for a livestock emergency determination and emergency livestock 
feed assistance under this title whether or not a request for assist-
ance is submitted, as described in subsection (a). 
"(c) The Secretary shall act on requests for determinations under 
subsection (a) and make final determinations on whether a livestock 
emergency exists in any State, county, or area, under regulations 
that ensure thorough and prompt action (not later than 30 days 
sdter receipt of any such request) and provide for appropriate 
notification procedures. 
"(d) Notwithstanding the preceding provisions of this section, any 
State, county, or area determined eligible, due to drought or related 
conditions in 1988, for the emergency feed program or emergency 
feed assistance program conducted prior to the effective date of this 
title shall continue to be eligible for such programs and may be 
eligible for other programs under this title for such drought or 
related condition. As soon as practicable after the effective date of 
this title, the Secretary shall determine whether any of the pro-
grams described in section 606, other than the emergency feed 
program under section 606(aX4) and the emergency feed assistemce 
State and local 
governments. 
7 u s e 1471b. 
102 STAT. 928 
PUBLIC LAW 100-387—AUG. 11, 1988 
program under section 606(aX2), or in section 607 should be made 
available in such State, county, or area. If the Secretary makes such 
determination, the Secretary shall make such programs imme-
diately available to livestock producers in the State, county, or area. 
EUGIBLE PRODUCERS 
7 use 1471c. 
"SEC. 605. (aXl) If the Secretary determines that a livestock 
emergency exists in a State, county, or area, qualifying livestock 
producers located in such State, county, or area, or in a contiguous 
county as provided for in section 603(b), shall be eligible (under 
application procedures established by the Secretary) for emergency 
feed assistance under this title in accordance with this subsection. 
"(2) For the purposes of this subsection, a 'qualifjring livestock 
producer' is a livestock producer who has suffered a substantial loss 
in feed normally produced on the farm for such producer's livestock 
as a result of the livestock emergency and, as a result, does not have 
sufficient feed that has adequate nutritive value and is suitable for 
each of such producer's particular t3rpes of livestock (as of the date 
of the request, or initiation of consideration, for a determination of a 
livestock emergency under section 604) for the estimated duration of 
the emergency. 
"(3) Each qualifjdng livestock producer shall be eligible for emer-
gency feed assistance under the programs specified in section 606(a) 
that is made available where the producer is located in quantities 
sufficient to meet such feed deficiency with respect to the producer's 
livestock normally fed with feed produced by the producer. 
"(b) Each livestock producer in such State, county, or area, or in a 
contiguous county as provided for in section 603(b), regardless of 
whether the producer qualifies for assistance under subsection (a), 
shall be eligible for emergency assistance under the programs speci-
fied in section 607 that are made available where the producer is 
located. 
"(c) Any livestock producer, located in a county or area in which 
benefits under the emergency feed program or the emergency feed 
assistance program were made available due to the drought or 
related condition in 1988 prior to the effective date of this title, who 
qualifies for assistance under such pre-existing programs shall be 
eligible for assistance for such drought or related conditions as 
prescribed in subsection (a) or, at the producer's option, for assist-
ance under such pre-existing programs. 
"ASSISTANCE PROGRAMS 
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"SEC. 606. (a) In accordance with section 605(a), the Secretary 
shall make one or more of the following assistance programs avail-
able to qualifying livestock producers in a State, county or area, if 
the Secretary determines that the livestock emergency in such 
State, county or area requires the implementation of such program: 
"(1) The donation of feed grain owned by the Commodity 
Credit Corporation to producers who are financially unable to 
purchase feed under paragraph (2) or to participate in any other 
program authorized under this subsection. 
"(2) The sale of feed grain owned by the Commodity Credit 
Corporation to producers for livestock feed at a price, estab-
lished by the Secretary, that does not exceed— 
PUBLIC LAW 100-387—AUG. 11,1988 
102 STAT. 929 
"(A) with respect to such assistance provided for any 
livestock emergency determined to exist prior to January 1, 
1989, 75 percent of the current basic county loan rate for 
such feed grain in effect under this Act (or at a comparable 
price if there is no such current basic county loan rate), or 
"(B) with respect to such assistance provided for any 
other livestock emergency, 50 percent of the average 
market price in the county or area involved, as determined 
by the Secretary. 
"(3) Reimbursement of any transportation and handling ex- Transportation. 
penses incurred, not to exceed 50 percent of such expenses, by a 
producer in connection with feed grain donations or sales under 
paragraphs (1) and (2). 
"(4) Reimbursement of not to exceed 50 percent of the cost of 
feed purchased by a producer for the producer's livestock during 
the duration of the livestock emergency. 
"(5) Hay and forage transportation assistance to producers of Transportation. 
not to exceed 50 percent of the cost of transporting hay or forage 
purchased from a point of origin beyond a producer's normal 
trade area to the livestock, subject to the following limitations: 
"(A) The transportation assistance may not exceed $50 
per ton of eligible hay or forage ($12.50 for silage). 
"(B) The quantity of eligible hay and forage for each 
producer may not exceed the lesser o
f
— 
"(i) 20 pounds per day per eligible animal unit; or 
"(ii) the quantity of additional feed needed by the 
producer for the duration of the livestock emergency. 
"(6) Livestock transportation assistsuice to producers of not to Transportation. 
exceed 50 percent of the cost of transporting livestock to and 
from available grazing locations, except that such assistance 
may not exceed the lesser o
f
— 
"(A) $24 per head of a producer's eligible livestock; or 
"(B) the local cost of the quantity of additional feed 
needed by the producer for the eligible livestock for dura-
tion of the livestock emergency. 
"(b) If assistance is made available through the furnishing of feed 
grain under paragraph (1) or (2) of subsection (a), the Secretary may 
provide for the furnishing of the feed grain through a dealer or 
manufacturer and the replacing of the feed grain so furnished from 
feed grain owned by the Commodity Credit Corporation. 
"(c) In providing assistance under paragraph (2) or (4) of subsec-
tion (a), the Secretary may make in-kind pa3anents or reimburse-
ments through the issuance of negotiable certificates that the 
Commodity Credit (Dorporation shall exchange for a commodity in 
accordance with rules prescribed by the Secretary. 
"(d) No pajrment or benefit provided under this section shall be 
payable or due until such time as a completed application therefor 
has been approved. 
"(e) A person eligible to receive a payment or benefit under this 
section with respect to a livestock emergency determined to exist 
prior to January 1,1989, shall make application for such payment or 
benefit not later than March 31, 1989, or such later date that the 
Secretary, by r^ulation, may prescribe. 
102 STAT. 930 
PUBLIC LAW 100-387—AUG. 11, 1988 
ADDITIONAL ASSISTANCE 
7 use I47le. 
"SEC. 607, (a) In addition to the assistance provided under section 
606, if the Secretary determines that the livestock emergency also 
requires the implementation of one or more of the assistance pro-
grams described in subsection (b), the Secretary shall implement 
such programs. 
"(b) Special assistance under this section includes— 
Transportation. 
"(1) the donation of feed owned by the Commodity Credit 
Corporation for use in feeding livestock stranded and unidenti-
fied as to its owner, including the cost of transporting feed to 
the affected area, during such period as the Secretary, by 
regulation, may prescribe; 
Water. 
"(2) reimbursement of not to exceed 50 percent of the cost of— 
"(A) installing pipelines (if that is the least expensive 
method) or other facilities, including tanks or troughs, for 
livestock water; 
"(B) construction or deepening of wells for livestock 
water; or 
"(C) developing springs or seeps for livestock water, 
as appropriate in drought areas to facilitate more efficient and 
better-distributed grazing on land normally used for grazing. 
Such cost-share assistance may not be made available to provide 
water for wildlife or recreational livestock, dry lot feeding, or 
bams or corrals, or to acquire pumping equipment; 
"(3) reimbursement of not to exceed 50 percent of the cost of 
burning prickly pear cactus to make it suitable for animal feed; 
and 
"(4) making commodities owned by the Commodity Credit 
Corporation available to livestock producers through the use of 
a catalog that specifies lots of a size that are economically 
feasible for a small producer to obtain by means of certificate 
exchanges. 
"USE OF THE COMMODITY CREDIT CORPORATION 
7 use I47if. 
"SEC. 608. The Secretary shall carry out this title through the use 
of the funds, facilities, and authorities of the Commodity Credit 
Corporation. 
"BENEFITS UMITATION 
7 use I47lg. 
"SEC. 609. (a) The total amount of benefits that a person shall be 
entitled to receive annually under one or more of the programs 
established under this title may not exceed $50,000. 
Regulations. 
"(b) The Secretary shall issue regulations— 
"(1) defining the term 'person', which shall conform, to the 
extent practicable, to the regulations defining the term 'person' 
issued under section 1001 of the Food Security Act of 1985, or 
successor statute; 
"(2) prescribing such rules as the Secretary determines nec-
essary to ensure a fair and resisonable application of the limita-
tion established under this section; and 
"(3) providing that the term 'person' sheill include, in the case 
of any cooperative association of producers, each member of the 
association with respect to benefits due to such member of the 
association. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 931 
"(c) No person may receive benefits under this title attributable to 
lost production of a feed commodity due to a natural disaster in 1988 
to the extent that such person receives a disaster pajmient under the 
Disaster Assistance Act of 1988 on such lost production. 
"(d) Each person otherwise eligible for a livestock emergency 
benefit under this title in 1988 shall be subject to the combined 
payment and benefits limitation established under section 211(c) of 
the Disaster Assistance Act of 1988. 
INEUGIBILTTY 
"SEC. 610. (a) Any person that has qualifying gross revenues in 7 use I47ih. 
excess of $2,500,000 annually, as determined by the Secretary, shall 
not be eligible to receive any livestock emergency benefits under 
this title. 
"(b) For purposes of this section, the term 'qualifying gross reve-
nue' means— 
"(1) if a majority of the person's annual income is received 
from farming and ranching operations, the gross revenue from 
the person's farming and ranching operations; and 
"(2) if less than a majority of the person's annual income is 
received from farming and ranching operations, the person's 
gross revenue from all sources. 
"ADMINISTRATION 
"SEC. 611. (a) The Commodity Credit Corporation shall issue Regulations. 
r^ulations to carry out this title. 
^ use I47ii. 
"0)) Such regulations shall establish procedures to ensure that the 
request for assistance by a Governor or county committee under 
section 604, and individual applications of livestock producers under 
section 605 for assistance, are processed and decisions thereon are 
made as quickly as practicable. 
"(c) For purposes of this title, indigenous plants available to a 
livestock producer but not normally consumed by livestock as feed, 
such as cactus, may not be considered as feed on hand for such 
producers. 
"PENALTIES 
"SEC. 612. A person that disposes of any feed made available to a 7 use I47ij. 
livestock producer under this title other than as authorized by the 
Secretary shall be (1) subject to a civil penalty equal to the market 
value of the feed involved, to be recovered by the Secretary in a civil 
suit brought for that purpose, and (2) guilty of a misdemeanor and, 
on conviction thereof, subject to a fine of not more than $1,000, or 
imprisonment for not more than one year, or both.". 
(b) CONFORMING CHANGES.—(1) Section 1105 of the Food and Agri-
culture Act of 1977 (7 U.S.C. 2267) is repealed. 
(2) Section 407 of the Agricultural Act of 1949 (7 U.S.C. 1427) is 
amended by striking out "and may make feed owned or controlled 
"^ 
by it" in the fifth sentence and all that follows through the end of 
the sixth sentence and inserting in lieu thereof "and may donate or 
sell commodities in accordance with title VI.". 
(3) Section 421 of the Agricultural Act of 1949 (7 U.S.C. 1433) is 
repealed. 
(4) Public Law 86-299 (73 Stat. 574), as amended, is repealed. 7 use 1427 note. 
102 STAT. 932 
PUBLIC LAW 100-387—AUG. 11, 1988 
7 u s e 1427 note. 
Effective date. 
Termination 
date. 
7 u s e 1446 note. 
eontracts. 
7 u s e 1471d 
note. 
(6) Section 303 of the Dairy and Tobacco Adjustment Act of 1983 (7 
U.S.C. 1427 note) is repealed. 
(c) EFFECTIVE PERIOD.—(1) This section and the amendments made 
by this section shall become effective 15 days after the date of the 
enactment of this Act. 
(2) The provisions of section 604(d), 605(c), 606(aX2XA), 606(e), 
609(c), and 609(d) of the Agricultural Act of 1949, as added by 
subsection (a), shall apply only with respect to any livestock emer-
gency in 1988. 
SEC. 102. ASSISTANCE FOR DAIRY FARMERS. 
(a) FISCAL YEAR 1989 GENERALLY.—Section 201(dXlXD) of the Agri-
cultural Act of 1949 (7 U.S.C. 1446(dXlXD)) is amended by striking 
out "if for any of the calendar years 1988, 1989, and 1990" and 
inserting in lieu thereof "if for each of the calendar years 1988 and 
1990". 
(b) TEMPORARY INCREASE IN PRICE SUPPORT.—Notwithstanding sec-
tion 201(dXl) of the Agricultural Act of 1949 (7 U.S.C. 1446(dXl)), the 
rate of price support for milk in effect under such section imme-
diately before April 1, 1989, shall be increased by 50 cents through-
out the period beginning on April 1, 1989, and ending on June 30, 
1989. 
SEC. 103. EMERGENCY FORAGE PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture shall implement 
an emergency forage p r ( ^ a m for established pasture damaged by 
the drought or related condition in 1988, under which the Secretary 
shall enter into cost-share agreements with owners or operators of 
such damaged land to provide for reseeding of forage crops on such 
land to facilitate late fall 1988 and early spring 1989 grazing and 
hajring. Assistance may be provided to such owners and operators 
only when— 
(1) the forage crop will not regenerate naturally; 
(2) reseeding is the most cost-effective method to reestablish 
the forage crop; and 
(3) reseeding is not undertaken simply to improve the forage 
crop damaged by the drought. 
(b) CJOST-SHARE.—The Secretary shall share half the costs incurred 
under each agreement entered into under subsection (a), including 
the costs of seed, fertilizer, and other inputs on reseeded pasture. 
(c) LIMITATIONS.—(1) The total amount of payments an owner or 
operator of pasture land shall be entitled to receive under this 
section shall be $3,500. 
(2) The Secretary may cost-share for reseeding under this section 
only if the reseeding is to nonannual crops planted for pasture 
purposes. 
(d) FUNDING.—(1) The Secretary shall use the funds, facilities, and 
authorities of the (Dommodity Credit (Corporation to carry out this 
section. 
(2) Not more than $50,000,000 of the funds of the (Commodity 
Credit (Corporation may be expended under paragraph (1). 
(3) To ensure the equitable award of funds under agreements 
under this section, as limited under paragraph (2), the Secretary 
may prorate, and adopt procedures to facilitate proration of, funds 
made available under this section. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 933 
TITLE II—EMERGENCY CROP LOSS 
ASSISTANCE 
Subtitle A—Annual Crops 
SEC. 201. PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE 
7 USC 1421 note. 
COMMODITIES. 
(a) DISASTER PAYMENTS.—(1) Effective only for producers on a 
farm who elected to participate in the production adjustment pro-
gram established under the Agricultural Act of 1949 for the 1988 
crop of wheat, feed grains, upland cotton, extra long staple cotton, or 
rice, except as otherwise provided in this subsection, if the Secretary 
of Agriculture determines that, because of drought, hail, excessive 
moisture, or related condition in 1988, the total quantity of the 1988 
crop of the commodity that such producers are able to harvest on 
the farm is less than the result of multipl3dng 65 percent of the farm 
program pajmient yield established by the Secretary for such crop 
by the sum of the acreage planted for harvest and the acreage 
prevented from being planted (because of drought, hail, excessive 
moisture, or related condition in 1988, as determined by the Sec-
retary) for such crop, the Secretary shall make a disaster payment 
available to such producers at a rate equal to— 
(A) 65 percent of the established price for the crop for any 
deficiency in production greater than 35 percent, but not 
greater than 75 percent, for the crop; and 
(B) 90 percent of the established price for the crop for any 
deficiency in production greater than 75 percent for the crop. 
(2)(A) Payments provided under paragraph (1) for a crop of a 
commodity may not be made available to producers on a farm with 
respect to any acreage in excess of the permitted acreage for the 
farm for the commodity. 
(B) Pajnnents provided under paragraph (1) for a crop of a Contracts. 
commodity may not be made available to producers on a farm unless insurance, 
such producers enter into an agreement to obtain multiperil crop 
insurance, to the extent required under section 207. 
(3) The total quantity of a crop of a commodity on which deficiency 
payments otherwise would be payable to producers on a farm under 
the Agricultural Act of 1949 shall be reduced by the quantity on 
which a payment is made to the producers for the crop under 
paragraph (1). 
(4) Effective only for the 1988 crops of wheat and feed grains, in Conservation. 
the case of producers on a farm who elected after March 11,1988, to 
devote all or a portion of the permitted acrecige of the farm for the 
commodity to conservation or other uses in accordance with section 
107D(cXlXC) or 105ac)(lXB) of the Agricultural Act of 1949 (7 U.S.C. 
1445b-3(cXlXC) or 1444e(cXlXB)), the Secretary shall allow (within 
30 days after the date of the enactment of this Act) such producers 
to (elect whether to receive disaster payments in accordance with 
this subsection in lieu of payments under such section. 
(b) ADVANCE DEFICIENCY PAYMENTS.—(1) This subsection shall 
apply only to producers on a farm who elected to participate in the 
production adjustment program established under the Agricultural 
Act of 1949 for the 1988 crop of wheat, feed grains, upland cotton, or 
rice. 
102 STAT. 934 
PUBLIC LAW 100-387—AUG. 11, 1988 
(2)(A) Subject to subparagraph (B), if because of drought, hail, 
excessive moisture, or related condition in 1988 the total quantity of 
the 1988 crop of the commodity that the producers are able to 
harvest on the farm is less than the result of multiplying the farm 
program payment 5deld established by the Secretary for such crop 
by the sum of the acreage planted for harvest and the acreage 
prevented from being planted (because of such natural disaster, as 
determined by the Secretary) for such crop (hereinafter referred to 
as the "qualifying amount"), the producers shall not be required to 
refund any advance deficiency pa3anent made to the producers for 
such crop under section 107C of the Agricultural Act of 1949 (7 
U.S.C. 1445b-2) with respect to that portion of the deficiency in 
production that does not exceed 35 percent of the qualifying amount. 
Contracts. 
(B) Producers on a farm shall not be eligible for the waiver 
Insurance. 
provided for Under subparagraph (A), unless such producers enter 
into an agreement to obtain multiperil crop insurance, to the extent 
required under section 207. 
(3) The Secretary shall allow producers on a farm that elected, 
prior to the date of enactment of this Act, not to receive advance 
deficiency payments made available for the 1988 crop under section 
107C of such Act, to elect (within 30 days after the date of the 
enactment of this Act) whether to receive such advance deficiency 
payments. 
(4) Effective only for the 1988 crops of wheat, feed grains, upland 
cotton, and rice, if the Secretary determines that any portion of the 
advance deficiency pa3rment made to producers for the crop under 
section 107C of such Act must be refunded, such refund shall not be 
required prior to July 31, 1989, for that portion of the crop for which 
a disaster pa3anent is made under subsection (a). 
7 u s e 1421 note. 
SEC. 202. PAYMENTS TO PROGRAM NONPARTICIPANTS FOR TARGET 
PRICE COMMODITIES. 
(a) DISASTER PAYMENTS.—Effective only for producers on a farm 
who elected not to participate in the production adjustment program 
established under the Agricultural Act of 1949 for the 1988 crop of 
wheat, feed grains, upland cotton, extra long staple cotton, or rice, if 
the Secretary of Agriculture determines that because of drought, 
hail, excessive moisture, or related condition in 1988, the total 
quantity of the 1988 crop of the commodity that such producers are 
able to harvest on the farm is less than the result of multipl3dng 65 
percent of the county avercige 3deld established by the Secretory 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 (b), the Secretary shall make a disaster 
pajmient available to such producers. The pajonent shall be made to 
the producers at a rate equal to— 
(1) 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 35 percent, but not greater than 75 percent, for the 
crop; and 
(2) 90 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 75 percent for the crop. 
(b) PREVENTED PLANTING CREDIT.—^The Secretary shall provide 
prevented planting credit under subsection (a) with respect to acre-
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 935 
age that producers on a farm were prevented from planting to the 
1988 crop of the commodity for harvest because of drought, hail, 
excessive moisture, or related condition in 1988, as determined by 
the Secretary. Such acreage may not exceed the greater o
f
— 
(1) 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 1987 minus acreage actually planted to the 
commodity for harvest in 1988; or 
(2) a quantity equal to the average of 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 1985, 1986, and 1987, minus 
acreage actually planted to the commodity for harvest in 1988. 
The Secretary shall make appropriate adjustments in applying the 
limitations contained in the preceding sentence to take into account 
crop rotation practices of the producers. 
(c) LIMITATIONS.—(1) The amount of pajrments made available to 
producers on a farm for a crop of a commodity under subsection (a) 
shall be reduced by a factor equivalent to the acreage limitation 
program percentage established for such crop under the Agricul-
tural Act of 1949. 
(2) Payments provided under subsection (a) for a crop of a Contracts. 
commodity may not be made available to the producers on a farm Insurance, 
unless such producers enter into an agreement to obtain multiperil 
crop insurance, to the extent required under section 207. 
SEC. 203. PEANUTS, SUGAR, AND TOBACCO. 
7 USC 1421 note. 
(a) DISASTER PAYMENTS.—(1) Effective only for the 1988 crops of 
peeinuts, sugar beets, sugarcane, and tobacco, if the Secretary of 
Agriculture determines that, because of drought, hail, excessive 
moisture, or related condition in 1988, the total quantity of the 1988 
crop of the commodity that the producers on a farm are able to 
harvest is less than the result of multiplying 65 percent of the 
county average yield (or program yield, in the case of peanuts) 
established by the Secretary for such crop by the sum of the acreage 
planted for harvest and the acreage for which prevented planted 
credit is approved by the Secretary for such crop under subsection 
(b), the Secretary shall make a disaster pajnnent available to such 
producers. The payment shall be made to the producers at a rate 
equal to— 
(A) 65 percent of the applicable payment level under para-
graph (2), as determined by the Secretary, for any deficiency in 
production greater than 35 percent, but not greater than 75 
percent, for the crop (or in the case of a crop of hurley tobacco or 
flue-cured tobacco, for any deficiency in production greater than 
35 percent, but not greater than 75 percent, of the farm's 
effective marketing quota for 1988); and 
(B) 90 percent of the applicable payment level under para-
graph (2), as determined by the Secretary, for any deficiency in 
production greater than 75 percent for the crop (or, in the case 
of hurley tobacco or flue-cured tobacco, for any deficiency in 
production greater than 75 percent of the farm's effective 
marketing quota for 1988). 
(2) For purposes of paragraph (1), the payment level for a commod-
ity shall be equal to— 
102 STAT. 936 
PUBLIC LAW 100-387—AUG. 11, 1988 
(A) for peanuts, the price support level for quota peanuts or 
the price support level for additional peanuts, as appropriate; 
(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 204(aX2); 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 1988 crops of sugar beets and 
sugarcane, and that, insofar as is practicable, shall reflect no 
less return to the producer than under the 1988 price support 
levels. 
(b) PREVENTED PLANTING CREDIT.—The Secretary shall provide 
prevented planting credit under subsection (a) with respect to acre-
age that producers on a farm were prevented from planting to the 
1988 crop of the commodity for harvest because of drought, hail, 
excessive moisture, or related condition in 1988, as determined by 
the Secretary. Such acreage may not exceed the greater of— 
(1) 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 1987 minus acreage actually planted for harvest 
in 1988; or 
(2) a quantity equal to the average of 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 1985, 1986, and 1987, minus 
acreage actually planted to the commcxiity for harvest in 1988. 
The Secretary shall make appropriate adjustments in appl5dng the 
limitations contained in the preceding sentence to take into account 
crop rotation practices of the producers and increased quotas for the 
1988 crops of tobacco. 
Contracts. 
(c) LIMITATION.—Payments provided under subsection (a) for a 
Insurance. 
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 207. 
(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; 
Claims. 
(2) payments made under this section shall be taken 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 pa3mient rate shall be established 
accordingly; and 
Claims. 
(3) the amount of undermarketings of quota peanuts from a 
farm for the 1988 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— 
Claims. 
(1) the amount of undermarketings of quota tobacco from a 
farm for the 1988 crop that may otherwise be claimed under 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 937 
section 317 or 319 of the Agricultural Acijustment 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 pa3mients 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)). 
(f) SPECIAL RULE FOR SUGAR.—A producer of the 1988 crop of 
sugarcane or sugar beets that is unable to process the commodity 
into sugar due to the inability of local processing plants to process 
sugar as a result of drought, hail, excessive moisture, or related 
condition in 1988 shall be eligible for disaster payments in accord-
ance with subsection (a) for any loss in sugar production attributable 
to such inability. Disaster payments made available under this 
subsection for such loss of production shall be reduced by an amount 
equal to any proceeds received by the producer from the disposition 
of that portion of the crop on which disaster pajrments are made. 
SEC. 204. SOYBEANS AND NONPROGRAM CROPS. 
7 USC 1421 note. 
(a) DISASTER PAYMENTS.--(1XA) Effective only for the 1988 crops of 
soybeans and nonprogram crops, if the Secretary of Agriculture 
determines that, because of drought, hail, excessive moisture, or 
related condition in 1988, the total quantity of the 1988 crop of the 
commodity that the producers on a farm are able to harvest is less 
than the result of multiplying 65 percent o
f
— 
(i) with respect to soybeans, the State, area, or county jrield, 
adjusted for adverse weather conditions during the three pre-
vious crop years, as determined by the Secretary; or 
(ii) with respect to nonprogram crops, the jdeld established by 
the Commodity Credit Corporation under subsection (dX2), 
for such crop by the sum of the acreage planted for harvest and the 
acreage for which prevented planted credit is approved by the 
Secretary for such crop under subsection (b), the Secretary shall 
make a disaster payment available to such producers. 
(B) The pajmient shall be made to such producers at a rate equal 
to— 
(i) 65 percent of the applicable payment level under para-
graph (2), as determined by the Secretary, for any deficiency in 
production greater than 35 percent, but not greater than 75 
percent, for the crop; and 
(ii) 90 percent of the applicable payment level under para-
graph (2), as determined by the Secretary, for any deficiency in 
production greater than 75 percent for the crop. 
(2) For purposes of paragraph (1), the payinent level for a commod-
ity 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 nve 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. 
(3XA) The Secretary shall make disaster payments under subsec- Regulations. 
tion (a) on a crop by crop basis, with consideration given to markets 
and uses of the crops, under regulations issued by the Secretary. 
(B) For the purposes of determining the payment rates on a crop 
by crop basis, the Secretary shall consider as separate crops, and 
102 STAT. 938 
PUBLIC LAW 100-387—AUG. 11, 1988 
develop separate payment rates insofar as is practicable for, dif-
ferent varieties of the same commodity for which there is a signifi-
cant difference in the economic value in the market. 
(b) PREVENTED PLANTING CREDIT.—The Secretary shall provide 
prevented planting credit under subsection (a) with respect to acre-
age that producers on a farm were prevented from planting to the 
1988 crop of the commodity for harvest because of drought, hail, 
excessive moisture, or related condition in 1988, as determined by 
the Secretary. Such acreage may not exceed the greater of— 
(1) 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 1987 minus acreage actually planted for harvest 
in 1988; or 
(2) a quantity equal to the average of 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 1985, 1986, and 1987, minus 
acreage actually planted to the commodity for harvest in 1988. 
The Secretary shall make appropriate adjustments in appljdng the 
limitations contained in the preceding sentence to take into account 
crop rotation practices of the producers. 
Contracts. 
(c) LIMITATION.—Pa5nments provided under subsection (a) for a 
Insurance. 
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 207. 
(d) SPECIAL RULES FOR NONPROGRAM CROPS.—(1) As used in this 
section, the term "nonprogram crop" means all crops (including 
sweet potatoes) for which crop insurance through the Federal Crop 
Insurance Corporation was available for crop year 1988, and other 
commercial crops (including sweet potatoes) for which such insur-
ance was not available for crop year 1988, except that such term 
shall not include a crop covered under section 201, 202, or 203, or 
soybeans, 
i 
(2) The Commodity Credit Corporation shall establish disaster 
program farm yields for nonprogram crops. The yield for a farm 
shall be based on proven yields, if the producers on the farm can 
provide satisfactory evidence to the Commodity Credit Corporation 
of actual crop yields on the farm for at least one of the immediately 
preceding three crop years. If such data do not exist for any of the 
three preceding crop years, the Commodity Credit Corporation shall 
establish a yield for the farm by using a county average yield for the 
commodity. 
(3) It shall be the responsibility of the producers of nonprogram 
crops to provide satisfactory evidence of crop losses resulting from 
drought, hail, excessive moisture, or related condition in 1988 in 
order for such producers to obtain disaster pa3mients under this 
section. 
7 u s e 1421 note. 
SEC. 205. CROP QUALITY REDUCTION DISASTER PAYMENTS. 
(a) IN GENERAL.—To ensure that all producers of 1988 crops 
covered under the provisions of sections 201 through 203, and 
producers of soybeans, are treated equitably, the Secretary of Agri-
culture may make additional disaster pa3nnents to producers of such 
crops that suffer losses resulting from the reduced quality of such 
crops caused by drought, hail, excessive moisture, or related condi-
tions in 1988, as determined by the Secretary. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 939 
' (b) ELIGIBLE PRODUCERS.—If the Secretary determines to make 
crop quality disaster payments available to producers under subsec-
tion (a), producers on a farm of a crop described in subsection (a) 
shall be eligible to receive reduced quality disaster payments only if 
such producers incur a deficiency in production of not less than 35 
percent and not more than 75 percent for such crop (as determined 
under section 201, 202, 203, or 204, as appropriate). 
(c) MAXIMUM PAYMENT RATE.—The Secretary shall establish the 
reduced quality disaster payment rate, but such rate shall not 
exceed 10 percent, as determined by the Secretary, of— 
(1) the established price for the crop, for commodities covered 
under section 201; 
(2) the basic county loan rate for the crop (or a comparable 
price if there is no current basic county loan rate), for commod-
ities covered under section 202; 
(3) the payment level under section 203(a)(2), for commodities 
covered by section 203; and 
(4) the payment level under section 204(aX2), for commodities 
covered under section 204. 
(d) DETERMINATION OF PAYMENT.—The amount of payment to a 
producer under this section shall be determined by multipljdng the 
pajnnent rate established under subsection (c) by the portion of the 
actual harvested crop on the producer's farm that is reduced in 
quality by such natural disaster in 1988, as determined by the 
Secretary. 
SEC. 206. EFFECT OF FEDERAL CROP INSURANCE PAYMENTS. 
7 USC 1421 note. 
In the case of producers on a farm who obtained crop insurance 
for the 1988 crop of a commodity under the Federal Crop Insurance 
Act, the Secretary of Agriculture shall reduce the amount of pay-
ments made available under this subtitle for such crop to the extent 
that the amount determined by adding the net amount of crop 
insurance indemnity payment (jgross indemnity less premium paid) 
received by such producers for the deficiency in the production of 
the crop and the disaster payment determined in accordance with 
this subtitle for such crop exceeds the amount determined by 
multiplying— 
(1) 100 percent of the yield used for the calculation of disaster 
pajrments made under this subtitle for such crop, by 
(2) the sum of the acreage of such crop planted to harvest and 
the acreage for which prevented planting credit is approved by 
the Secretary (or, in the case of disaster payments under section 
201, the eligible acreage established under sections 201(aXl) and 
201(aX2XA)),by 
(3XA) in the case of producers who participated in a produc-
tion adjustment program for the 1988 crop of wheat, feed grains, 
upland cotton, extra long staple cotton, or rice, the established 
price for the 1988 crop of the commodity; 
(B) in the case of producers who did not participate in a 
production adjustment program for the 1988 crop of wheat, feed 
grains, upland cotton, extra long staple cotton, or rice, the b£isic 
county loan rate (or a comparable price, as determined by the 
Secretary, if there is no current basic county loan rate) for the 
1988 crop of the commodity; 
(C) in the case of producers of sugar beets, sugarcane, peanuts, 
or tobacco, the pajnnent level for the commodity established 
under section 203(aX2); and 
102 STAT. 940 
PUBLIC LAW 100-387—AUG. 11, 1988 
(D) in the case of producers of soybeans or a nonprogram crop 
(as defined in section 204(dXl)), the simple average price re-
ceived by producers of the commodity, as determined by the 
Secretary, during the marketing years for the immediately 
preceding five 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. 
Loans. 
SEC. 207. CROP INSURANCE COVERAGE FOR THE 1989 CROPS. 
7 use 1421 note. 
(^) REQUIREMENT.—Subject to the limitations under subsection (b), 
producers on a farm, to be eligible to receive a disaster pajonent 
under this subtitle, an emergency loan under subtitle C of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
seq.) for crop losses due to drought, hail, excessive moisture, or 
related condition in 1988, or forgiveness of the repa3mient of ad-
vance deficiency pa5rments under section 201(b), must agree to 
obtain multiperil crop insurance under the Federal Crop Insurance 
Act for the 1989 crop of the commodity for which such pa}anents, 
loans, or forgiveness are sought. 
(b) LIMITATIONS.—Producers on a farm shall not be required to 
agree to obtain crop insurance under subsection (a) for a 
commodity— 
(1) unless the producers* deficiency in production, with re-
spect to the crop for which a disaster pajrment under this 
subtitle otherwise may be made, exceeds 65 percent; 
(2) where, or if, crop insurance coverage is not available to the 
producers for the commodity for which the pajonent, loan, or 
forgiveness is sought; 
(3) if the producers' annual premium rate for such crop 
insurance is an amount greater than 125 percent of the average 
premium rate for insurance on that commodity for the 1988 
crop in the county in which the producers are located; 
(4) in any case in which the producers* annual premium for 
such crop insurance is an amount greater than 25 percent of the 
amount of the pa3rment, loan, or forgiveness sought; or 
(5) if the producers can establish by appeal to the county 
committee established under section 8(b) of the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C. 590(b)), or to the 
county committee established under section 332 of the (Donsoli-
dated Farm and Rural Development Act (17 U.S.C. 1982), as 
appropriate, that the purchase of crop insurance would impose 
an undue financial hardship on such producers and that a 
waiver of the requirement to obtain crop insurance should, in 
the discretion of the county committee, be granted. 
(c) IMPLEMENTATION.—(1) The Secretary of Agriculture shall 
ensure (acting through the county committees established under 
section 8(b) of the Soil Conservation and Domestic Allotment Act 
and located in the counties in which the assistance programs pro-
vided for under sections 201 through 205 are implemented and 
through the county committees established under section 332 of the 
Consolidated Farm and Rural Development Act in counties in which 
emergency loans, as described in sul^ection (a), are made available) 
that producers who apply for assistance, as described in subsection 
(a), obtain multiperil crop insurance as required under this section. 
(2) Each producer who is subject to the requirements of this 
section may comply with such requirements by providing evidence 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 941 
of multiperil crop insurance coverage from sources other than 
through the county committee office, as approved by the Secretary. 
(3) The Secretary shall provide by regulation for a reduction in the Regulations. 
commissions paid to private insurance agents, brokers, or companies 
on crop insurance contracts entered into under this section suffi-
cient to reflect that such insurance contracts principally involve 
only a servicing function to be performed by the agent, broker, or 
company. 
(d) REPAYMENT OF BENEFITS.—Each producer subject to the 
requirements under this section shall make immediate repajmient 
to the Secretary of any disaster payment or forgiven advance defi-
ciency payment that the producer othei^vise is required to repay, 
and (notwithstanding any other provision of law) shall become 
immediately liable for full repayment of all principal and interest 
outstanding on any emergency loan described in subsection (a) made 
subject to this section, at any time (prior to the end of the 1989 crop 
year for the commodity involved) that the crop insurance coverage 
required of the producer under this section is cancelled by the 
producer. 
SEC. 208. DRY EDIBLE BEANS; COMMUNICATION AND EDUCATION. 
(a) DRY EDIBLE BEANS.—Section 508 of the Federal Crop Insurance 
Act (7 U.S.C. 1508) is amended by inserting after subsection (i) the 
following new subsection: 
"(j) To accumulate, prior to the 1989 crop year, sufficient actuarial 
data to enable the Corporation to provide crop insurance that meets 
the differentiated needs of producers of different types of dry edible 
beans. Commencing with the 1989 crop year, the Corporation shall 
make such crop insurance available to producers.". 
(b) COMMUNICATION AND EDUCATION.—The Federal Crop Insur-
ance Corporation, as soon as practicable, shall make improvements 
in— 
(1) the dissemination of information to producers on the 
availability of Federal crop insurance, using existing Depart-
ment of Agriculture education facilities and producer financial 
and crop program support personnel; 
(2) the training requirements of crop insurance agents who 
sell and service Federal crop insurance coverage; 
(3) the incentives to increase the sale of Federal crop insur-
ance through the delivery systems provided for under sections 
507(c) and 508(e) of the Federal Crop Insurance Act; 
(4) the Federal crop insurance agency referral system for 
producers seeking information or insurance coverage; 
(5) the cooperation between Federal and State agencies relat-
ing to the Federal crop insurance program; and 
(6) the use of financial and educational computer programs 
available in Federal and State agencies to foster the use of 
Federal crop insurance as a uniform input of costs of production 
of agricultural commodities for purposes of disaster risk 
maneigement. 
SEC. 209. TRANSFER OF FUNDS. 
The Secretary of Agriculture may transfer funds made available 
to the Commodity Credit Corporation during fiscal year 1988 to the 
Agricultural Stabilization 
and Conservation Service in such 
amounts as may be necessary for salaries and other expenses in-
curred in carrying out titles I and II of this Act, except that this 
Insurance. 
7 use 1421 note. 
7 use 1421 note. 
102 STAT. 942 
PUBLIC LAW 100-387—AUG. 11, 1988 
authorization shall be available only if funding for this purpose is 
not provided under an appropriations Act. 
7 use 1421 note. SEC. 210. CROPS HARVESTED FOR FORAGE USES. 
Not later than 15 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall announce the terms and condi-
tions by which producers on a farm may establish 1988 3deld with 
respect to crops that will be harvested for silage and other forage 
uses. 
7 use 1421 note. SEC. 211. PAYMENT LIMITATIONS. 
(a) LIMITATION.—Subject to subsections (b) and (c), the total 
amount of pa5rments that a person shall be entitled to receive under 
one or more of the programs established under this subtitle may not 
exceed $100,000. 
Animals. 
(b) No D
O
U
B
L
E BENEFITS.—No person may receive disaster pay-
ments under this subtitle to the extent that such person receives a 
livestock emergency benefit for lost feed production in 1988 under 
section 606 of the Agricultural Act of 1949, as added by section 
101(a) of this Act. 
Animals. 
(c) C
O
M
B
I
N
E
D LIMITATION.—No person may receive any pa5anent 
under this subtitle or benefit under title VI of the Agricultural Act 
of 1949 for livestock emergency losses suffered in 1988 if such 
payment or benefit will cause the combined total amount of such 
payments and benefits received by such person to exceed $100,000. If 
a producer is subject to the preceding sentence, the person may elect 
(subject to the benefits limitations under section 609 of the Agricul-
tural Act of 1949) whether to receive the $100,000 in such payments, 
or such livestock emergency benefits (not to exceed $50,000), or a 
combination of payments and benefits specified by the person. 
(d) REGULATIONS.—The Secretary of Agriculture shall issue 
regulations— 
(1) defining the term "person" for the purposes of this section, 
which shall conform, to the extent practicable, to the regula-
tions defining the term "person" issued under section 1001 of 
the Food Security Act of 1985; and 
(2) prescribing such rules as the Secretary determines nec-
essary to ensure a fair and reasonable application of the limita-
tions established under this section. 
7 use 1421 note. 
SEC. 212. DE MINIMIS YIELDS. 
The Secretary of Agriculture may determine a de minimis yield 
for each crop eligible for reduced yield disaster payments under this 
subtitle. The de minimis yield shall be set at a level that will 
minimize any incentive provided by the prospect of disaster pay-
ments to abandon crops that have a value that exceeds the cost of 
harvesting. In no case may the de minimis yield be less than the 
amount of production that, when valued at current market prices, 
equals the average cost of harvesting the crop, as determined by the 
Secretary. Any producer whose actual yield for a crop is equal to or 
less than the de minimis yield for such crop shall be considered as 
having an actual yield of zero for the purpose of calculating any 
reduced yield disaster payments for such crop under this subtitle. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 943 
Subtitle B—Forest Crops 
? use 1421 note. 
SEC. 221. ELIGIBILITY. 
(a) DROUGHT LOSS.—Subject to the limitation in subsection (b), the 
Secretary of Agriculture shall provide Eissistance, as specified in 
section 222, to eligible tree farmers that planted tree seedlings in 
1987 or 1988 for commercial purposes but lost such seedlings as a 
result of the drought or related condition in 1988, as determined by 
the Secretary. 
(b) LIMITATION.—An eligible tree farmer shall qualify for assist-
ance under subsection (a) if such tree farmer's tree seedling mortal-
ity, as a result of the natural disaster, exceeds 35 percent (adjusted 
for normal mortality). 
SEC. 222. ASSISTANCE. 
The assistance provided by the Secretary of Agriculture to eligible 
tree farmers for losses described in section 221 shall consist of 
either— 
(1) reimbursement of 65 percent of the cost of replanting 
seedlings lost due to drought or related conditions in 1988 in 
excess of 35 percent mortality (adjusted for normal mortality); 
or 
(2) at the discretion of the Secretary, sufficient tree seedlings 
to reestablish the stand. 
SEC. 223. LIMITATION ON ASSISTANCE. 
(a) LIMITATION.—The total amount of payments that a person 
shall be entitled to receive under this subtitle may not exceed 
$25,000, or an equivalent value in tree seedlings. 
0)) REGULATIONS.—The Secretary of Agriculture shall issue regu-
lations— 
(1) defining the term "person" for the purposes of this sub-
title, which shall conform, to the extent practicable, to the 
regulations defining the term "person" issued under section 
1001 of the Food Security Act of 1985; and 
(2) prescribing such rules as the Secretary determines nec-
. essary to ensure a fair and reasonable application of the limita-
tion established under this section. 
SEC. 224. DEFINITION. 
As used in this subtitle, the term "eligible tree farmer" means a 
person that produces annual crops from trees for commercial pur-
poses or that grows trees for harvest for commercial purposes, and 
owns 1,000 acres or less of such trees. 
SEC. 225. DUPLICATIVE PAYMENTS. 
The Secretary of Agriculture shall establish guidelines to ensure 
that no person receives duplicative payments under this subtitle and 
the forestry incentives program, agricultural conservation program, 
or other existing Federal program. 
' 
102 STAT. 944 
PUBLIC LAW 100-387—AUG. 11, 1988 
7 use 1421 note. 
Subtitlc C—Administrative Provisions 
SEC. 231. INELIGIBILITY. 
(a) GENERAL RULE.—A person that has qualifying gross revenues 
in excess of $2,000,000 annually, as determined by the Secretary of 
Agriculture, shall not be eligible to receive any disaster payment or 
other benefits under this title. 
O
t
)
) QuAUFYiNG GROSS REVENUES.—For purposes of this section, 
the term "qualifying gross revenues" means— 
(1) if a majority of the person's annual income is received 
from farming, ranching, and forestry operations, the gross reve-
nue from the person's farming, ranching, and forestry oper-
ations; and 
(2) if less than a majority of the person's annual income is 
received from farming, ranching, and forestry operations, the 
person's gross revenue from all sources. 
SEC. 232. TIMING AND MANNER OF ASSISTANCE. 
(a) TIMING OF ASSISTANCE.—(1)(A) Subject to subparagraph (B), the 
Secretary of Agriculture shall make full disaster assistance avail-
able under this title as soon as practicable after the date of the 
enactment of this Act. 
(B) Notwithstanding any other provision of law or of this Act, no 
payment or benefit provided under this title shall be payable or due 
until such time as a completed application therefor has been 
approved. 
(2) A person eligible to receive payments under subtitle A shall 
make application for such payments not later than March 31, 1989, 
or such later date that the Secretary, by regulation, may prescribe. 
(b) MANNER.—The Secretary may make payments available under 
subtitle A in the form of cash, commodities, or commodity certifi-
cates, as determined by the Secretary. 
SEC. 233. USE OF COMMODITY CREDIT CORPORATION. 
The Secretary of Agriculture shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation in carrying out 
this title. 
SEC. 234. REGULATIONS. 
The Secretary of Agriculture or the Commodity Credit Corpora-
tion, as appropriate, shall issue regulations to implement the provi-
sions of this title as soon as practicable, without regard to the 
requirement for notice and public participation in rulemaking pre-
scribed in section 553 of title 5, United States Code, or in any 
directive of the Secretary. 
Subtitle D—Sense of Congress 
Rural areas. 
SEC. 241. PURPOSES OF DISASTER PAYMENTS. 
7 use iTfi note 
^^ ^
^ *^® sense of Congress that disaster pa3mients made to produc-
ers under subtitle A are intended to preserve each producer's liveli-
hood and farming operation, to enable the producer to meet 
preexisting commitments and obligations, to protect the infrastruc-
ture of the United States agricultural production input, supply, 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 945 
marketing, and distribution systems, and to preserve the vitality 
and financial health of rural communities. 
TITLE III—OTHER EMERGENCY 
PROVISIONS 
Subtitle A—Commodity Stock Adjustment 
SEC. 301. SOYBEANS, SUNFLOWERS, AND COTTONSEED AND SUNFLOWER 
SEED OIL. 
(a) 
PLANTING OF SOYBEANS AND SUNFLOWERS ON PERMITTED 
ACRES.—(1) Effective for the 1989 and 1990 crops, section 504 of the 
Agricultural Act of 1949 (7 U.S.C. 1464) is amended by adding at the 
end thereof the following new subsection: 
"(eXD Notwithstanding any other provision of this Act— 
"(A)(i) Effective for the 1989 crops, the Secretary shall permit, 
subject to subparagraph (B), producers on a farm to plant 
soybeans or sunflowers on a portion (not less than 10 percent 
nor more than 25 percent) of the producers' 1989 wheat, feed 
grain, upland cotton, extra long staple cotton, and rice per-
mitted acreage, as determined by the Secretary. 
"(ii) Effective for the 1990 crops, if the Secretary determines 
that there will be insufficient supplies of soybeans, the Sec-
retary may permit, subject to subparagraph (B), the producers 
on a farm to plant soybeans or sunflowers on a portion (not less 
than 10 percent nor more than 25 percent) of the farm's 1990 
wheat, feed grain, upland cotton, extra long staple cotton, and 
rice permitted acreage, as determined by the Secretary. 
"(BXi) For the 1989 crops and, if necessary, the 1990 crops, the 
Secretary shall establish a sign-up period during which the 
producers on a farm, participating in the wheat, feed grain, 
upland cotton, extra long staple cotton, or rice price support and 
production adjustment program, must state their intentions 
regarding use of the increased planting provision under 
subpar£igraph (A). 
"(ii) After termination of the sign-up period under clause (i), 
the Secretary shall estimate whether, based on the additional 
soybean and sunflower plantings for the crop, the average 
market price for that crop of soybeans will be below 115 percent 
of the loan rate established for the previous crop of soybeans. 
"(iii) If the Secretary estimates that the average market price 
for the crop of soybeans will be below 115 percent of such loan 
rate, the Secretary shall reduce the percentage of permitted 
acreage on the farm that may be planted to soybeans and 
sunflowers to a level, or prohibit such plantings, as necessary to 
ensure that the average soybesm market price does not fall 
below 115 percent of such loan rate. 
"(iv) For each of the 1989 and 1990 crops, the Secretary shall 
submit to the Committee on Agriculture of the House of Rep-
resentatives and the CJommittee on Agriculture, Nutrition, and 
Forestry of the Senate a statement setting forth the reasons for 
permitting or not permitting producers to plant soybeans or 
sunflowers on permitted acreage and any reduction in the 
permitted planting percentage under this subparagraph. 
102 STAT. 946 
PUBLIC LAW 100-387—AUG. 11, 1988 
Loans. 
Marketing. 
Loans. 
7 use 1446 note. 
Exports. 
7 u s e 1464 note. 
Loans. 
Exports. 
Exports. 
"(CXD For the purposes of determining the farm acreage base 
or the crop acreage bases for the farm, any acreage on the farm 
on which soybeans or sunflowers are planted under this para-
graph shall be considered to be planted to the program crop for 
which soybeans or sunflowers are substituted. 
"(2) The Secretary may not make program benefits other than 
soybean or sunflower seed price support loans and purchases 
available to producers with respect to acreage planted to soy-
beans or sunflowers under paragraph (1) and shall ensure that 
the crop acreage bases established for the farm and the farm 
acreage base are not increased due to such plantings.". 
(2) Not earlier than February 1,1989, and not later than March 1, 
1989, with respect to the 1989 crop of soybeans, and not later than 
September 1, 1989, with respect to the 1990 crop of soybeans, the 
Secretary of Agriculture shall submit to the Committee on Agri-
culture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a statement 
setting forth the reasons for implementing or not implementing the 
soybean marketing loan program authorized under section 201(iX3) 
of the Agricultural Act of 1949 (7 U.S.C. 1446(iX3)) for such crop. 
Such statement shall include— 
(A) an economic evaluation of current soybean markets, for-
eign and domestic; 
(B) the current foreign soybean production statistics; 
(C) the United States soybean export market situation and 
outlook; 
(D) the computation of the prevailing world market price for 
soybeans, as described in section 201(iX3XB) of such Act; 
(E) the fiscal effect of the implementation of the marketing 
loan for soybeans; and 
(F) such other factors as the Secretary considers appropriate. 
0)) COTTONSEED AND SUNFLOWER SEED OIL.—(1) The Secretary of 
Agriculture shall determine if the price of cottonseed or cottonseed 
products is adversely affected by the amendment made by subsec-
tion (aXD. If the Secretary determines that any such price has been 
adversely affected, the Secretary shall support the price of cotton-
seed and cottonseed products through loans, purchases, export 
assistance, or any other form of assistance, as necessary to offset 
such adverse effect. 
(2XA) Effective for the fiscal years ending September 30,1989, and 
September 30, 1990, the Secretary of Agriculture shall use funds 
available under section 32 of Public Law 320, Seventy-fourth Con-
gress (7 U.S.C. 612c), to purchase sunflower seed oil and cottonseed 
oil to facilitate additional export sales of sunflower seed oil and 
cottonseed oil at competitive prices, as necessary and appropriate to 
enable United States producers to compete with producers in other 
countries in world markets. Funds may be made available under 
this subparagraph only to the extent authorized in advance in 
appropriations Acts; and such funds shall be in addition to funds 
made available for the purchase of sunflower seed oil under section 
637 of the rural development, agriculture, and related agencies 
appropriations in section lOl(k) of Public Law 100-202 (101 Stat. 
1329-357). 
(B) To the extent practicable, facilitation of cottonseed oil exports 
shall be accomplished through the use of authorities available to the 
Secretory other than the authority granted in subparagraph (A). 
PUBLIC LAW 100-387-AUG. 11, 1988 
102 STAT. 947 
(3) Except as otherwise provided in paragraph (2)(A), the Secretary 
shall use the funds, facilities, and authorities of the Commodity 
Credit Corporation to carry out this subsection. 
SEC. 302. OATS. 
(a) FARM ACREAGE BASES.—Section 503 of the Agricultural Act of 
1949 (7 U.S.C. 1463) is amended by adding at the end thereof the 
following new subsection: 
"(c)(1) Notwithstanding any other provision of this Act, effective 
for each of the 1989 and 1990 crops, if the acreage limitation 
percentage established for a crop of feed grains under section 105C(f) 
is 12.5 percent or less, the Secretary shall permit producers on a 
farm to designate any portion of the farm acreage base (excluding 
any portion designated as soybean acreage base) for the crop year £is 
acreage base established for oats. For the purposes of determining 
the farm acreeige base or the crop acreage bases for the farm, any 
acreage on the farm that is designated as oats base under this 
p a r ^ a p h and planted to oats for harvest in 1989 or 1990 shall be 
considered to be planted to the program crop for which oats are 
substituted. 
"(2) The Secretary shall not make program benefits other than 
benefits available under the program established for oats available 
to producers with respect to acreage planted to oats under para-
graph (1), and shall ensure that the crop acreage bases established 
for the farm and the farm acreage base are not increased due to 
such plantings.". 
(b) SENSE OF CONGRESS.—It is the sense of Congress that if the 
acreage limitation requirement established for the 1989 or 1990 crop 
of feed grains under section 105C(f) of the Agricultural Act of 1949 is 
more than 12.5 percent, the Secretary of Agriculture should estab-
lish the lowest possible acreage limitation requirement for such crop 
of oats under section 105C(f) if market imbalances for barley and 
oats exist. 
SEC. 303. PRODUCER RESERVE PROGRAM FOR WHEAT AND FEED GRAINS. 
(a) REPAYMENT OF LOANS.—Effective for the 1988 marketing year 
for wheat or feed grains, once the market price described in clause 
(5) of the third sentence of subsection (b) of section 110 of the 
Agricultural Act of 1949 (7 U.S.C. 1445e) has been reached at any 
time during such marketing year with respect to such commodity, 
producers may repay loans made under section 110 for such 
commodity during the remainder of such marketing year without 
the payment of a penalty, regardless of the then current market 
price. 
(b) REDEMPTION OF GENERIC CERTIFICATES.—Effective only for the 
1988 marketing years for wheat and feed grains, section 110 of the 
Agricultural Act of 1949 (7 U.S.C. 1445e) is amended by adding at 
the end thereof the following new subsection: 
"(j) Notwithstanding any other provision of law, if a producer has 
substituted purchased or other commodities for the commodities 
originally pledged as collateral for a loan made under this section, 
the producer may repay the loan using a generic commodity certifi-
cate that may be exchanged for commodities owned by the Commod-
ity Credit Corporation, if the substitute commodities have been 
pledged as loan collateral and redeemed only within the same 
county.". 
7 use 1444e 
note. 
7 u s e 1445e 
note. 
Loans. 
102 STAT. 948 
PUBLIC LAW 100-387—AUG. 11, 1988 
SEC. 304. TOBACCO AND PEANUTS. 
(a) TRANSFER AUTHORITY.—(1) Section 319 of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1314e) is amended by adding at the 
end thereof the following new subsection: 
Contracts. 
"(kXD Notwithstanding any other provision of this section, the 
Secretary may permit, after July 1 of any crop year, the lease and 
transfer of burley tobacco quota assigned to a farm if— 
"(A) the planted acreage of burley tobacco on the farm to 
which the quota is assigned is determined by the Secretary to be 
sufficient to produce the effective farm marketing quota under 
average conditions; and 
"(B) the farm's expected production of burley tobacco is less 
than 80 percent of the farm's effective marketing quota as a 
result of a natural disaster condition. 
Contracts. 
"(2) Any lease and transfer of quota under this subsection may be 
made to any other farm within the same State in accordance with 
regulations issued by the Secretary.". 
(2) Section 358a(k)(l) of the Agricultural Adjustment Act of 
1938 (7 U.S.C. 1358a(k)(l)), as effective for the 1986 through 1990 
crops of peanuts, is amended by adding at the end thereof the 
following: "In the case of a fall transfer or a transfer after the 
normal planting season by a cash lessee, the landowner shall not be 
required to sign the transfer authorization. A fall transfer or trans-
fer after the normal planting season may be made not later than 72 
hours after the peanuts that are the subject of the transfer are 
inspected and graded.". 
7 use I3l4e 
(b) QuoTA ADJUSTMENT.—Notwithstanding any other provision of 
note. 
law, if a producer has produced burley tobacco in 1988 in an amount 
less than the producer's farm marketing quota for 1988 due to 
natural disaster, the Secretary may adjust the producer's burley 
tobacco farm marketing quota for the 1989 crop, as established 
under section 319 of the Agricultural Adjustment Act of 1938 
(7 U.S.C. 1314(e)), by adding the accumulated undermarketings of 
the basic quota for 1988 crop, including undermarketings of leased 
quota, to the producer's basic quota for the 1989 crop, except that 
such adjustment may not exceed 125 percent of the producer s basic 
quota.". 
Subtitle B—Disaster Credit and Forbearance 
7 u s e 1961 note. SEC. 311. EMERGENCY LOANS. 
Section 321(b) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1981(b)) shall not apply to a person who otherwise 
would be eligible for an emergency loan under subtitle C of such Act 
(subject to the person's compliance with the requirements of section 
207 of this Act), if such eligibility is the result of damage to an 
annual crop planted for harvest in 1988. 
7 use 1941 note. SEC. 312.1989 FARM OPERATING LOANS. 
(a) DIRECT CREDIT.—To the maximum extent practicable, the Sec-
retary of Agriculture shall ensure that direct operating loans made 
or insured under subtitle B of the Consolidated Farm and Rural 
Development Act for 1989 crop production are made available to 
farmers and ranchers suffering major losses due to drought, hail, 
excessive moisture, or related condition in 1988, as authorized under 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 949 
existing law and under regulations of the Secretary that implement 
the objective of enabling farmers and ranchers to stay in business. 
(b) LOAN GUARANTEES.—(1) Notwithstanding any other provision 
Real property. 
of law, the Secretary of Agriculture shall make available in the 
Animals. 
fiscal year ending September 30, 1989, guarantees to commercial or 
cooperative lenders for loans under subtitle B of the Consolidated 
Farm and Rural Development Act, to refinance and reamortize 1988 
operating loans, or 1988 or 1989 installments due and payable on 
real estate debt, farm equipment or building (including storage 
facilities) debt, livestock loans, or other operating debt, of farmers 
and ranchers that otherwise cannot be rM)aid due to major losses 
incurred by such farmers or ranchers as a result of drought, hail, 
excessive moisture, or related condition in 1988. 
(2) Each fiscal year 1989 guaranteed loan for 1988 natural disaster 
purposes, as described in paragraph (1), shall contain terms and 
conditions governing the reamortization of the debt of the farmer or 
rancher that will provide the farmer or rancher a reasonable oppor-
tunity to continue to receive new operating credit while repaying 
the guaranteed loan, as determined by the Secretary. 
(3) Notwithstanding any other provision of law, any person eli-
gible to receive pajmients under subtitle A of title II of this Act shall 
be deemed eligible to have guaranteed, in accordance with this 
subsection, loans made to such person by a commercial or coopera-
tive lender to refinance installment payments that are or become 
due and payable during 1988 or 1989, as described in paragraph (1), 
except that, to be deemed eligible to have such loan guaranteed, the 
person must otherwise be current in the person's obligation to the 
commercial or cooperative lender that agrees to accept the guaran-
tee in consideration of allowing the person to make the 1988 or 1989 
pajnnent or installment over a period of time not to exceed 6 years 
from the original due date of such payment or installment, and must 
otherwise meet the criteria for guaranteed loan borrowers under 
subtitle B of the Consolidated Farm and Rural Development Act 
established by the Secretary. 
(c) USE OF A C I F FUNDS.—For purposes of providing guaranteed 
loans in accordance with subsection (b) of this section, in addition to 
funds otherwise available, the Secretary may use any funds avail-
able from the Agricultural Credit Insurance Fund during fiscal 
years 1988 or 1989 for emergency insured and guaranteed loans 
under subtitle C of the Consolidated Farm and Rural Development 
Act to meet the needs resulting from natural disasters: Provided, 
That funds available from such Fund first shall be used to satisfy 
the level of assistance estimated by the Secretary to meet the needs 
of persons eligible for emergency disaster loans. 
SEC. 313. FORBEARANCE AND RESTRUCTURING FOR FARM LOANS. 
(a) FARMERS HOME ADMINISTRATION.—It is the sense of Congress 
7 use I98ia 
that the Secretary of Agriculture should, with respect to farmers 
note. 
and ranchers who suffer major losses due to drought, hail, excessive 
moisture, or related condition in 1988— 
(1) exercise forbearance in the collection of interest and prin-
cipal on direct farmer program loans under the Consolidated 
Farm and Rural Development Act outstanding for such farmers 
and ranchers; 
(2) expedite the use of credit restructuring and other credit 
relief mechanisms authorized under the Agricultural Credit Act 
102 STAT. 950 
PUBLIC LAW 100-387—AUG. 11, 1988 
of 1987 and similar provisions of law for such farmers and 
ranchers; and 
(3) encourage commercial lenders participating in guaranteed 
farmer lending prc^rams under the Consolidated Farm and 
Rural Development Act to exercise forbearance before declaring 
loans to such farmers and ranchers under such programs in 
default. 
12 use 2252 
(b) FARM CREDIT ADMINISTRATION.—It further is the sense of 
note. 
Congress that the Farm Credit Administration should in its over-
sight of Farm Credit System institutions, with respect to farmers 
and ranchers who suffer major losses due to drought, hail, excessive 
moisture, or related condition in 1988— 
(1) ensure that Farm Credit S3rstem institutions exercise 
forbearance in the collection of principal and interest on loans 
outstanding to such farmers and ranchers; 
(2) expedite the use of credit restructuring and other credit 
relief mechanisms authorized under the Agricultural Credit Act 
of 1987 and related provisions of law for such farmers and 
ranchers; and 
(3) encourage other lenders participating with Farm Credit 
System institutions in mutual loan agreements to exercise 
forbearance before declaring loans to such farmers and ranch-
ers in default. 
Subtitle C—Conservation Assistance 
16 use 3832 
note. 
eontracts. 
Water. 
Wildlife. 
SEC. 321. NEW CONSERVATION MEASURES. 
(a) IN GENERAL.—(1) In the case of an owner or operator of land 
who has entered into a conservation reserve program contract under 
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 
3831 et seq.) and harvests hay during the 1988 crop year on acreage 
subject to such contract as authorized by the Secretary of Agri-
culture, the Secretary may not reduce the amount of rental pay-
ments made to such owner or operator as the result of such harvest-
ing to the extent that the owner or operator— 
(A) carries out additional conservation practices, approved by 
the Soil Conservation Service in consultation with appropriate 
Federal and State agencies, to enhance soil, water, and wildlife 
conservation on or in the vicinity of lands subject to such 
contract; and 
(B) pays the costs of carrying out such practices. 
(2) The amount of the reduction prohibited under paragraph (1) 
shall equal one-half of the amount paid by the owner or operator to 
cover the costs of carrying out the conservation practices. 
(b) CONSERVATION PRACTICES.—For purposes of subsection (a), the 
term "conservation practices" includes— 
(1) establishment of permanent shelterbelts and windbreaks; 
(2) restoration of wetlands; 
(3) establishment of wildlife food plots; or 
(4) planting of trees. 
SEC. 322. CONSERVATION RESERVE ENHANCEMENT PROGRAMS. 
Effective beginning with the 1988 crop year, subsection (f) of 
section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834(f)) is 
amended by adding at the end thereof the following new paragraph: 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 951 
"(4) The provisions of this subsection that limit payments to any 
person, and section 1305(d) of the Agricultural Reconciliation Act of 
1987, shall not be applicable to payments received by a State, 
political subdivision, or agency thereof in connection with agree-
ments entered into under a special conservation reserve enhance-
ment program carried out by that entity that has been approved by 
the Secretary. The Secretary may enter into such agreements for 
payments to States, political subdivisions, or agencies thereof that 
the Secretary determines will advance the purposes of this sub-
title.". 
Ck)ntracts. 
State and local 
governments. 
Subtitle D—Rural Businesses 
SEC. 331. DISASTER ASSISTANCE FOR RURAL BUSINESS ENTERPRISES. 
(a) LOAN GUARANTEES.—The Secretary of Agriculture shall 
guarantee loans made in rural areas to public, private, or coopera-
tive organizations, to Indian tribes on Federal and State reserva-
tions or other federally recognized Indian tribal groups, or to any 
other business entities to assist them in alleviating distress caused 
to such entities, directly or indirectly, by the drought, hail, excessive 
moisture, or related condition in 1988, and shall gujirantee loans 
made in rural areas to such entities that refinance or restructure 
debt as a result of losses incurred, directly or indirectly, because of 
such natural disasters in 1988. 
OJ) EUGIBLE LOANS.—Loans that may be guaranteed under this 
section are loans made by any Federal or State chartered bank, 
savings and loan association, cooperative lending agency, insurance 
company, or other legally organized lending agency. 
(c) LENDING LIMITS.—-(1) No guarantee under this section may 
exceed 90 percent of the principal amount of the loan and guaran-
tees made on loans to any eligible borrower may not exceed 
$500,000. 
(2) The total amount of loan guarantees that may be made under 
this section shall not exceed $200,000,000. 
(d) USE OF THE RURAL DEVELOPMENT INSURANCE FUND.—The Sec-
retary shall use the Rural Development Insurance Fund established 
under section 309A of the Consolidated Farm and Rural Develop-
ment Act for the purposes of discharging the Secretary's obligations 
under this section. 
SEC. 332. SALE OF CORN TO ETHANOL PRODUCERS. 
(a) IN GENERAL.—Except as otherwise provided in this section and 
notwithstanding section 110(f) of the Agricultural Act of 1949 (7 
U.S.C. 1445e(f)) or any other provision of law, if, during any month 
commencing after July 31, 1988, the average com price (as deter-
mined under subsection (d)) exceeds the fuel conversion price (as 
defined in section 212 of the Agricultural Trade Suspension Adjust-
ment Act of 1980 (7 U.S.C. 4005)), the Secretary of Agriculture may 
make available for sale to domestic producers of ethanol fuel, for the 
production of ethanol, not more than 12,000,000 bushels per month 
of corn owned by the CJommodity Credit (jorporation. 
(b) PRICE.—Corn shall be sold under this section at a price that is 
not more than such fuel conversion price, except that such price 
shall not be less than 110 percent of the basic county loan rate for 
corn, prior to any adjustment made under section 105C(aX3) of the 
Agricultural Act of 1949 (7 U.S.C. 1444e(aX3)). 
7 u s e 1929a 
note. 
Indians. 
Banks and 
banking. 
Loans. 
7 u s e 1427 note. 
102 STAT. 952 
PUBLIC LAW 100-387—AUG. 11, 1988 
(c) MAXIMUM AMOUNT.—The total quantity of corn sold to any 
ethanol producer under this section may not exceed 2,000,000 bush-
els per month. 
(d) AVERAGE CORN PRICE.—The average corn price under this 
section shall be determined by the Secretary based on the average 
corn price in markets used for determinations made under clause (5) 
of the third sentence of section 110(b) of the Agricultural Act of 1949 
(7 U.S.C. 1445e(b)). 
(e) TERMS.—(1) The Secretary may not make corn or other 
commodities available under this section to any domestic producer 
of ethanol that uses in excess of 30,000,000 bushels of corn or 
comparable commodity annually in producing ethanol. 
Animals. 
(2) Domestic producers of ethanol fuel purchasing corn under this 
section shall agree not to resell such corn and to make available a 
quantity of feed byproducts equivalent to the quantity processed 
from such corn for sale to domestic livestock producers and feeders 
in a manner and subject to such terms and conditions as are 
approved by the Secretary. 
(f) TERMINATION.—The Secretary shall terminate any program 
established under this section no later than September 1, 1989. The 
Secretary shall terminate the program on an earlier date if the 
Secretary determines that— 
(1) such program is no longer necessary to maintain the 
economic viability of the ethanol industry; or 
Animals. 
(2) a sufficient supply of corn otherwise would not be available 
to fulfill estimated obligations of the Commodity Credit Cor-
poration under emergency livestock feeding programs during 
the subsequent 180-day period. 
(g) OTHER COMMODITIES.—The Secretary may, at the request of a 
domestic producer of ethanol, substitute other feed grains (such as 
grain sorghum) for corn on an equitable basis, taking into account 
variations in the value of such commodities in the production of 
ethanol. 
SEC. 333. SURVEY OF AGRIBUSINESS. 
Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall— 
(1) conduct a survey of rural business and enterprises, includ-
ing grain handling and storage facilities, in the United States 
whose activities involve or are directly related to the produc-
tion, processing, or marketing of agricultural commodities or 
products, or to servicing the business and home needs of United 
States farmers and ranchers, to determine the extent that such 
-~ 
businesses are being adversely affected, directly or indirectly, by 
drought, hail, excessive moisture, or related condition in 1988; 
and 
Reports. 
(2) submit a report describing the results of such survey to the 
Committee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate. 
SEC. 334. FORWARD CONTRACTING REPORT. 
(a) REPORT.—Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall prepare and 
submit, to the Committee on Agriculture of the House of Represent-
atives and the Committee on Agriculture, Nutrition, and Forestry of 
the Senate, a report on the financial effect that forward contracting. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 953 
hedging, and associated margin requirements for wheat, feed grains, 
and soybeans during the recent drought-related period of price 
volatiUty have had on producers and on grain marketers, particu-
larly local elevators and intermediaries. 
(b) CONTENTS OF REPORT.—In the report, the Secretary shall 
include a discussion of— 
(1) the extent to which currently planted or stored crops are 
subject to cash forward contracts or otherwise are hedged, and 
what portion of such forward contracts are in danger of being 
defaulted on as a result of drought-related crop losses; 
(2) the extent to which local graiii elevators may experience 
severe financial stress due to de^ults on cash forward contracts 
or due to margin requirements on futures market positions; 
(3) the extent to which producers have been able to renego-
tiate forward contracts in light of drought-related changes in 
economic conditions; 
(4) the extent to which hedging and forward contracting 
practices may produce unusual demands for credit among farm 
producers and marketers in light of drought-related conditions; 
and 
(5) such other areas of related concern as the Secretary may 
find appropriate. 
(c) IMMEDIATE NOTIFICATION.—The Secretary shall immediately 
notify, in advance of the report, the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate if the Secretary finds, in the course 
of the study required under this section, that serious economic or 
financial problems related to forward contracting, hedging, and 
margin requirements for grains are likely to arise. 
(d) CONSULTATION.—The Secretary shall consult with the Chair-
man of the Commodity Futures Trading Commission on issues 
concerning futures markets that arise in the course of the study 
required under this section. 
SEC. 335. RURAL 
ECONOMIC 
DEVELOPMENT 
RESPONSE 
TO 
THE 
DROUGHT. 
(a) FINDINGS.—Congress finds that— 
(1) the disastrous drought of 1988 is adversely affecting a 
large number of States, with serious economic consequences for 
family farmers; 
(2) the harm caused by the drought is not limited to farmers, 
but extends to each rural community whose economic viability 
is being devastated; 
(3) rural businesses and financial institutions are already 
experiencing the negative effects of decreased sales, and they 
anticipate severe problems over the next year, due to crop 
failures and the unavailability of credit; 
(4) local rural governments, whose fiscal bases depend on tax 
revenues from agriculture and agriculture-related businesses, 
will experience, as a result of the effects of the drought, difficul-
ties in providing services that are important to the quality of 
life for rural residents; 
(5) as a result of the effects of the drought, significant savings 
will accrue to the Federal budget due to reduced deficiency 
pa5Tnents and storage payments, substantially in excess of the 
funds allocated by this Act; and 
102 STAT. 954 
PUBLIC LAW 100-387—AUG. 11, 1988 
(6) assistance to farmers, while essential, represents only the 
first stage of a comprehensive response to the serious national 
problems created by the drought, 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) budgetary savings that accrue from the effects of the 
drought and other economic circumstances should, to the maxi-
mum extent possible, be dedicated to relief for farmers and 
agricultural workers and to assist rural businesses and commu-
nities in promotion of rural economic development; 
(2) action should be taken to establish comprehensive Federal 
rural economic programs that address the needs of rural 
businesses and governments; and 
(3) rural development programs should stress efforts to co-
operate with and support local decisionmaking; promote 
market-based capital formation; create a more equitable and 
dependable partnership between the Federal Government and 
other levels of government; provide Federal initiatives for 
improving the quality of rural health care, child care, and 
education; and foster better understanding of the effect of Fed-
eral spending, tax, trade, and regulatory decisions on rural 
communities. 
Subtitle E—Agricultural Exports 
SEC. 341. SENSE OF CONGRESS—AGRICULTURAL EXPORTS. 
(a) FINDINGS.—Congress finds that— 
(1) the disastrous drought of 1988 is causing substantial agri-
cultural crop losses and is putting an enormous 
financial 
burden on United States farmers and their families; 
(2) the Food Security Act of 1985 (A) recognized that agricul-
tural export markets are extremely important in ensuring the 
economic recovery and future success of United States farmers, 
their families, and rural communities, and (B) established sev-
eral programs to develop and expand agricultural export mar-
kets and help restore the United States share of international 
agricultural trade; 
(3) the programs under the Food Security Act of 1985, such as 
the export enhancement program and the targeted export 
assistance program, have been successful to date and have 
served to increase agricultural exports; 
(4) United States agricultural exports make a substantial 
contribution to reducing our Nation's international trade 
deficit; 
(5) it is important that the United States be perceived £is being 
a reliable supplier of agricultural commodities and products; 
(6) imposing embargoes on, or taking other steps to reduce the 
levels of, the exports of agricultural commodities or products in 
wake of the drought will undermine the gains made since 1985 
in securing markets for United States agricultural commodities 
and products abroad, by allowing foreign competitors oppor-
tunity to move into our international markets; and 
(7) imposing embargoes on, or taking other steps to reduce the 
levels of, expNorts of agricultural commodities and products 
would jeopardize the progress in strengthening our agricultural 
export markets made by export assistance programs under the 
Food Security Act of 1985. 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 955 
(b) SENSE OF Ck}NGRESS.—It is the sense of C!ongress that the 
Government should not take any action that (1) will further exacer-
bate the already disastrous circumstances for United States agri-
culture resulting from the drought by imposing, or facilitating the 
imposition of, embargoes or other limitations that reduce exports of 
agricultural commodities and products, or (2) otherwise jeopardize 
United States foreign agricultural markets or give our trading 
partners reason to believe United States farmers have become 
unreliable suppliers of agricultural commodities and products. 
Subtitle F—Food Prices 
SEC. 351. SENSE OF CONGRESS—FOOD PRICES. 
(a) FINDINGS.—Congress finds that— 
(1) the disastrous drought of 1988 is causing substantial agri-
cultural crop losses and is placing enormous financial burdens 
on livestock, poultry, and dairy producers; 
(2) in spite of the effects of the drought, the United States 
continues to have ample supplies of grain for human and 
animal consumption through the upcoming crop year; 
(3) the Department of i^riculture projects that even if the 
drought continues, food prices are not expected to increase 
significantly due to the drought; and 
(4) in view of these circumstances, no person in the United 
States should have to pay unwarranted, unjustified, or excessive 
food prices and that higher food prices, irrespective of their 
cause, affect those least able to pay the most. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that the Reports. 
Department of Agriculture, in cooperation with other Federal agen-
cies and State and local agencies where appropriate, should monitor, 
study, and report to Congress about food price increases at whole-
sale and retail levels during the coming months, to ensure that no 
unwarranted food price increases are implemented and that any 
necessary increases are commensurate with commodity price 
increases resulting from the drought. 
SEC. 352. STUDY OF EFFECT OF DROUGHT ON FOOD PRICES. 
(a) SURVEY.—The Secretary of Agriculture shall conduct a survey Hunger. 
of food and commodity prices as of December 31,1988, to determine 
the effects of the drought and related conditions in 1988 on recipi-
ents of Federal nutrition and hunger benefits. 
(b) REPORT.—Not later than March 1, 1988, the Secretary shall 
submit a report to Congress on the results of the survey required 
under subsection (a), including— 
(1) an analysis of the adequacy of benefits under Federal 
nutrition and hunger p n ^ a m s with respect to any food price 
inflation that has occurred because of the drought or related 
conditions in 1988; and 
(2) recommendations for any actions that may be taken by the 
Secretary or Congress to address problems identified in such 
survey. 
19-194 O—91—Part 1 
32 : QL 3 
102 STAT. 956 
PUBLIC LAW 100-387—AUG. 11, 1988 
TITLE IV—WATER-RELATED ASSISTANCE 
Subtitle A—Water Management for Rural 
Areas 
7 use 2204c. 
Corporations. 
Indians. 
State 6ind local 
governments. 
Research and 
development. 
Grants. 
Loans. 
Compacts 
between States. 
State and local 
governments. 
SEC 401. WATER MANAGEMENT FOR RURAL AREAS. 
(a) IN GENERAL.—The Secretary of Agriculture is authorized, 
directly or in coordination with any other Federal agency, entity, 
corporation, department, unit of State or local government, coopera-
tive, confederation, individual, public or private organization, 
Indian tribe, or university, to— 
(1) conduct research and demonstration projects; 
(2) provide technical assistance and extension services; 
(3) m£ike grants, loans, and loan guarantees; and 
(4) provide other forms of assistance, for the purpose of help-
ing rural areas make better and more efficient use of water 
resources and to alleviate problems arising in such areas from 
droughts or lack of water. 
(b) ACTIVITIES.—The Secretary is authorized to provide assistance 
under this section for the promotion or establishment of irrigation, 
watersheds, and other water management and drought management 
activities, including water transmission, application, and activation. 
(c) COOPERATION.—In implementing this section, the Secretary— 
(1) should address the general, special, and unique problems 
of water management existing in rural areas; 
(2) may take action independently or in cooperation with 
Federal, State, public, or private entities and agencies; and 
(3) shall cooperate with— 
(A) cooperatives, public or private organizations, confed-
erations, authorities, or other entities (including such 
entities that may be organized under multiple State 
agreements or compacts and entities created under State 
law) to carry out projects authorized under this section; and 
(B) water, watershed, and sewer authorities, rural electric 
cooperatives. Federal agencies, and other State or local 
governments or agencies. 
(d) REGULATIONS.—(1) The Secretary shaU issue regulations to 
carry out this section. 
(2) Such regulations shall— 
(A) specify the terms and conditions that the entities 
described in subsections (a) and (c) must meet in order to 
participate in programs carried out under this section; 
(B) establish a procedure under which entities described 
in subsections (a) and (c) may apply for assistance under 
this section; and 
(C) foster cooperation between such entities and other 
Federal, State, or local agencies for the purposes of carrying 
out the provisions of this section. 
(e) DEFINITION.—As used in this section, the term "university" 
means— 
(1) a land grant university established under the Act of July 2, 
1862 (known as the "First Morrill Act"; 12 Stat. 503, chapter 
130; 7 U.S.C. 301 et seq.); 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 957 
Appropriation 
authorization. 
(2) a land grant university established under the Act of 
August 30, 1890 (known as the "Second Morrill Act"; 26 Stat. 
419, chapter 841; 7 U.S.C. 321 et seq.); 
(3) 
tihe 
Tusk^ee Institute; and 
(4) any other support research organization. 
(f) FUNDING.—(1) There are authorized to be appropriated each 
fiscal year such sums as are necessary to carry out this section. 
(2) The Secretary is authorized to accept funds from non-Federal 
sources to carry out the activities authorized by this section. 
(g) No WAIVERS.—Nothing in this section shall authorize the 
waiver of a cost-share requirement under a prc^am established 
under any other provision of law. 
Subtitle B—Emergency Drought Authority 
4
3 use 5
0
2 note. 
Reclamation 
States Drought 
Assistance Act 
of 1988. 
Conservation. 
Indians. 
PART I—RECLAMATION STATES DROUGHT 
ASSISTANCE 
SEC 411. SHORT TITLE. 
This part may be cited as the "Reclamation States Drought 
Assistance Act of 1988". 
SEC. 412. ASSISTANCE DURING DROUGHT. 
The Secretary of the Interior, acting under the authorities of the 
Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388), 
and Acts supplementary thereto and amendatory thereof) and other 
appropriate authorities of the Secretary shall— 
dXA) perform studies to identify opportunities to augment, 
make use of, or conserve water supplies available to Federal 
reclamation projects and Indian water resource developments, 
which studies shall be completed no later than March 1, 1990; 
and 
(B) consistent with existing contractual arrangements and 
State law, and without further authorization, undertake 
construction, m£ui£igement, and conservation activities that will 
mitigate or can be expected to have an effect in mitigating 
losses and damages resulting from drought conditions in 1987, 
1988, or 1989, which construction shall be completed by Decem-
ber 31,1989; and 
(2) assist willing buyers in their purchase of available water 
supplies from willing sellers and redistribute such water based 
upon priorities to be determined by the Secretary consistent 
with State law, with the objective of minimizing losses and 
damages resulting from drought conditions in 1987, 1988, and 
1989. 
SEC 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS. 
(a) GENERAL AUTHORITY.—The Secretary of the Interior may make Contracts. 
available, by contract, consistent with existing contracts or agree-
ments and State law, water or canal capacity at existing Federal 
reclsunation projects to water users and others, on a temporary basis 
to mitigate losses and damages resulting from drought conditions in 
1987,1988, and 1989. 
(b) CONTRACTS.—^Any contract signed under this section shall 
provide that— 
102 STAT. 958 
PUBLIC LAW 100-387—AUG. 11, 1988 
(1) the price for the use of such water shall be at least 
sufficient to recover all Federal operation and maintenance 
costs, and an appropriate share of capital costs, except that, for 
water delivered to a landholding in excess of 960 acres of class I 
lands or the equivalent thereof for a qualified recipient and 320 
acres of class I lands or the equivalent thereof for a limited 
recipient, the cost of such water shall be full cost (as defined in 
section 202(3XA) of Public Law 97-293, 43 U.S.C. 390bb) for those 
acres in excess of 960 acres or 320 acres, as appropriate; 
(2) the lands not now subject to reclamation law that receive 
temporary irrigation water supplies under this section shall not 
become subject to the ownership limitations of Federal reclama-
tion law because of the delivery of such temporary water 
supplies; 
(3) the lands that are subject to the ownership limitations of 
Federal reclamation law shall not be exempted from those 
limitations because of the delivery of such temporary water 
supplies; and 
Termination 
(4) the contract shall terminate no later than December 31, 
date. 
1989. 
(c) FISH AND WILDLIFE.—^The Secretary may make available water 
for the purposes of protecting fish and wildlife resources, including 
mitigating losses that occur as a result of drought conditions. 
SEC 
4
1
4
. 
EMERGENCY 
LOAN 
PROGRAM. 
Transportation. 
The Secretary of the Interior may make loans to water users for 
Contracts. 
the purposes of undertaking management, conservation activities, 
or the acquisition and transportation of water consistent with State 
law, that can be expected to have an effect in mitigating losses and 
damages resulting from drought conditions in 1987, 1988, and 1989. 
Such loans shall be made available under such terms and conditions 
as the Secretary deems appropriate. Section 203(a) of the Reclama-
tion Reform Act of 1982 (Public Law 97-293; 43 U.S.C. 390cc) shaU 
not apply to any contract to repay such loan. 
SEC. 415. INTERAGENCY COORDINATION. 
The prc^am established by this part, to the extent practicable, 
shall be coordinated with emergency and disaster relief operations 
conducted by other Federal and State agencies under other provi-
sions of law. The Secretary of the Interior shall consult such other 
Records. 
Federal and State agencies as he deems necessary. Other Federal 
agencies performing relief functions under other Federal authorities 
shall provide the Secretary with information and records that the 
Secretary deems necessary for the administration of this part. 
SEC. 416. REPORT. 
Not later than March 1, 1990, the Secretary of the Interior shall 
submit a report and recommendations to the President and Con-
gress on— 
(1) expenditures and accomplishments under this part; 
(2) l^islative and administrative recommendations for 
responding to droughts and drought related problems in the 
Reclamation States; and 
(3) structural and non-structural measures to mitigate the 
effects of droughts. 
PUBLIC LAW 100-387—AUG. 11,1988 
102 STAT. 959 
SEC 417. CARRYOVER STORAGE AND WATER, N
E
W MELONES UNIT. 
CENTRAL VALLEY PROJECT, CALIFORNLL 
The first undesignated paragraph under the heading "San Joa-
quin River Basin" in section 203 of the Flood Control Act of 1962 
OHiblic Law 87-874, 76 Stat. 1191) is amended by inserting before 
the last period the following: ": And provided further, "Hiat the 
Secretary of the Interior is authorized to make available to the 
Oakdale and South San Joaquin irrigation districts, at the current 
contract rate, unallocated storage of such districts carried over from 
the previous year". 
SEC. 418. INTHATION AND DEADLINE OF EMERGENCY DROUGHT 
PROGRAM. 
(a) LnoTATiON.—^The prt^rams and authorities established under 
this part shall become operative in any Reclamation State only 
after— 
(1) the Governor of that State has declared a drought emer-
gency; and 
(2) the afTected area is declared eligible for Federal disaster 
relief under applicable rules and regulations. 
0
1
>
) TERMINATION.—The programs and authorities established 
under this part shall terminate on December 31,1989, unless other-
wise specifically stated. 
PART 2—WATER PROJECT 
SEC 421. CENTRAL VALLEY PROJECT W
A
T
E
R RELEASES. 
The Secretary of the Interior is authorized to install a tempera-
ture control curtain as a demonstration project at Shasta Dam, 
Central Valley project, California, at a cost not to exceed $5,500,000. 
The purpose of the demonstration project is to determine the 
effectiveness of the temperature control curtain in controlling the 
temperature of water releases from Shasta Dam, so as to protect and 
enhance anadromous fisheries in tlie Sacramento River and San 
Francisco Bay/Sacramento-San Joaquin Delta and Estuary 
PART 3—AUTHORIZATION AND SAVINGS CLAUSE 
SEC 431. AUTHORIZATION OF APPROPRIATIONS. 
(a) There are authorized to be appropriated a total amount not to 
exceed $25,000,000 for section 412(1XB) and section 414 of this 
subtitle. 
Q
>
) Unless otherwise specified, there are authorized to be appro-
priated such sums as may be necessary to carry out the remaining 
provisions of this subtitle. 
SEC 432. SAVINGS CLAUSE. 
Nothing in this subtitle shall be construed as limiting or restrict-
ing the power and authority of ihe United States or— 
(1) as affecting in any way any law governing appropriation or 
use of, or Federal right to, water on public lancu; 
(2) as expanding or diminishing Federal or Stote jurisdiction, 
responsibility, interests, or rii^ts in water resources develop-
ment or conUol; 
(3) as displacing, superseding, limiting, or modifying any 
interstate compact or vae jurisdiction or responsibility of any 
Fish and fishing. 
Public lands. 
Compacts 
between States. 
102 STAT. 960 
PUBLIC LAW 100-387—AUG. 11, 1988 
Compacts 
between States. 
l^ally established joint or common agency of two or more 
States or of two States and the Federal Government; 
(4) as superseding, modif3ring, or repealing, except as specifi-
cally set forth in this subtitle, existing law applicable to the 
various Federal agencies; or 
(5) as modifying the terms of any interstate compact. 
TITLE V—MIGRANT OR SEASONAL 
FARMWORKER ASSISTANCE 
SEC. 501. E
M
E
R
G
E
N
C
Y ASSISTANCE PAYMENTS TO MIGRANT FARM-
W
O
R
K
E
R HOUSEHOLDS. 
(a) EXCLUSION OP ASSISTANCE.—Section 5GtX2) of the Food Stamp 
Act of 1977 (7 U.S.C. 2014(kX2)) is amended b y -
C
D striking out "(E)" and inserting in lieu thereof "(F)"; 
(2) striking out "(F)" and inserting in lieu thereof "(G)"; and 
(3) inserting the following new subparagraph after subpara-
graph (D): 
"(E) emergency assistance for migrant or seasonal farm-
worker households during the period such households are 
in the job stream;". 
7 use 2014 note. 
(b) EFFECTIVE DATE.—(1) The amendments made by this section 
shall take effect on the date of enactment of this Act. 
(2) The amendments made by this section shall not apply ^m.th 
respect to allotments issued under the Food Stamp Act of 1977 to 
any household for any month b^inning before the effective period 
of this section b^ins. 
SEC 502. PRORATING BENEFITS OF MIGRANT O
R SEASONAL FARM-
W
O
R
K
E
R HOUSEHOLDS. 
(a) CERTIFICATION.—Section 8(c) of the Food Stamp Act of 1977 
(7 U.S.C. 2017(c)) is amended by— 
(1) striking out "and (2)" and inserting "(2)"; and 
(2) inserting before the period at the end thereof the follow-
ing: ", and (3) in the case of a migrant or seasonal farmworker 
household, the first month for which allotment is issued to a 
household that applies following any period of more than 30 
days in which such household was not participating in the food 
stainp pn^am after previous participation in such pr(^ram". 
7 use 2017 note. 
(b) EFFECTIVE DATE AND AppucATiON.—(1) The amendments made 
by this section take effect on the date of enactment of this Act. 
(2) The amendments made by this section shall not apply with 
respect to allotments issued under the Food Stamp Act of 1977 to 
any household for any month beginning before the effective period 
of this section begins. 
29 use 1672 
note. 
SEC 503. ASSISTANCE TO LOW-INCOME AGRICULTURAL WORKERS. 
Notwithstanding any other provision of law, for necessary services 
to be provided by agencies that have received funds under the Job 
Training Partnership Act to low-income agricultural workers who 
have been adversely affected by the drought of 1988, not to exceed 
$5,000,000 shall be made available to be derived by transfer from the 
i)isaster Relief Program of the Federal Emergency Management 
Agency. The funds shall be distributed by the Secretary of Labor 
within 30 days after the date of the enactment of this Act based on 
PUBLIC LAW 100-387—AUG. 11, 1988 
102 STAT. 961 
an assessment of the number of low-income agricultural workers in 
each grantee's service delivery area who have lost income or are 
unable to work due to the drought, including those workers who 
have stayed at home in anticipation of work shortages. Emergency 
services to be provided under this section may include all typ^ of 
assistance that the Secretary determines to be necessary. For the 
purposes of this section, a low-income agricultural worker receiving 
assistance must meet the income eligibility requirements of the 
section 402 program under the Job Training Partnership Act. 
Approved August 11,1988. 
LEGISLATIVE HISTORY—H.R. 5015 (S. 2631): 
HOUSE REPORTS: No. 100-800, Pt. 1 (Comm. on Agriculture) and No. 100-830 
(Comm. of Conference). 
SENATE REPORTS: No. 100-426 accompanying S. 2631 (C!omm. on Agriculture, 
Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 28, considered and passed House. S. 2631 considered and passed Senate. 
July 29, passage of S. 2613 vitiated; H.R. 5015 considered and passed Senate, 
amended, in lieu of S. 2613. 
Aug. 8, Senate agreed to conference report. 
Aug. 9, House a^«ed to conference report 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988>. 
Aug. 11, Presidential remarks.