A bill to amend the Disaster Assistance Act of 1989 to avoid penalizing producers who planted a replacement crop on disaster-affected acreage, and for other purposes.
PL 101-134 (S.1792), enacted 10/30/1989

103 STAT. 780 
PUBLIC LAW 101-134—OCT. 30, 1989 
Public Law 101-134 
^ ^ 
. 
101st Congress 
An Act 
Oct. 30, 1989 
To amend the Disaster Assistance Act of 1989 to avoid penalizing producers who 
[S. 1792] 
planted a replacement crop on dissister-affected acreage, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 
1
. 
REPLANTED 
ACREAGE. 
Section 110 of the Disaster Assistance Act of 1989 (Public Law 
101-82; 7 U.S.C. 1421 note) is amended to read as follows: 
"SEC. 110. NO DOUBLE PAYMENTS ON REPLANTED ACREAGE. 
"(a) 
REDUCTION OF DISASTER PAYMENTS.—Effective only for 
producers on a farm who receive disaster payments under this 
subtitle for a crop of a commodity, the Secretary of Agriculture shall 
reduce such payments by an amount that reflects the net value (as 
determined under subsection (c)) of any crop such producers plant 
for harvest in 1989 to replace the crop for which disaster payments 
are received. 
"(b) REPLACEMENT CROPS.—For purposes of subsection (a), a crop 
shall be considered to be planted to replace the crop for which 
disaster payments are received if (because of loss or damage to the 
first crop due to damaging weather or related condition in 1988 or 
1989) the second crop is planted on acreage on which the producers 
planted, or were prevented from planting, the first crop. 
"(c) ADMINISTRATION.— 
"(1) DETERMINATION OF VALUE.—In carrying out this section, 
the Secretary shall— 
"(A) only consider any production of the second crop that 
is in excess of 50 percent of the county average yield for 
such crop; 
"(B) base the value of the excess second crop production 
on average market prices for the second crop during a 
representative period; and 
"(C) reduce the value of such excess second crop produc-
tion by 25 percent. 
"(2) HISTORICAL CROPPING PATTERNS.—In carrying out this 
section, the Secretary shall take into account the historical 
cropping patterns of producers. 
"(3) REDUCTION ONLY APPLICABLE TO REPLANTED ACREAGE.— 
The reduction provided for in this subsection shall only be 
applied against payments due with respect to acreage that was 
replanted. 
"(4) FUTURE CROPPING PRACTICES.—In carrying out this sec-
tion, the Secretary may make adjustments to the crop acreage 
bases to reflect crop rotation practices because of the occurrence 
of a natural disaster or other similar condition beyond the 
control of the producer in determining a fair and equitable crop 
acreage base.". 
PUBLIC LAW 101-134—OCT. 30, 1989 
103 STAT. 781 
SEC. 2. MARKETING QUOTAS. 
1 
(a) FARM POUNDAGE QUOTAS.— 
(1) IN GENERAL.—Section 319 of the Agricultural Adjustment 
Act of 1938 (7 U.S.C. 1314e) is amended— 
(A) in subsection (d)— 
(i) by striking "October 1, 1982" and inserting "for 
the previous marketing year"; and 
(ii) by striking "1978 crop year" and inserting "imme-
diately preceding 5 crop years"; and 
(B) in the second sentence of subsection (e), by striking 
"marketing year beginning October 1, 1982" each place it 
appears and inserting "previous marketing year". 
(2) ACREAGE—POUNDAGE QUOTAS.—Section 317(a)(6)(B) of such 
Act (7 U.S.C. 1314c(a)(6)(B)) is amended by striking "years 1960 
to 1964, inclusive, may be used, as determined by the Secretary" 
and inserting "immediately preceding 5 crop years shall be used 
by the Secretary". 
(b) LEASE OR SALE OF ACREAGE ALLOTMENTS.—Section 316(c) of 
such Act (7 U.S.C. 1314b(c)) is amended by striking all after the first 
sentence and inserting "The transfer shall be approved acre for 
acre.". 
SEC. 3. COST REDUCTION OPTIONS. 
Section 1009(d) of the Food Security Act of 1985 (7 U.S.C. 1308a(d)) 
is amended— 
(1) by inserting after "nonrecourse loan program" the follow-
ing "(including the program authorized by section 110 of the 
Agricultural Act of 1949 (7 U.S.C. 1445e))"; 
(2) by striking "savings" and inserting "benefits"; and 
(3) by striking "forfeited commodity," and all that follows 
through the period at the end of the sentence and inserting 
"forfeited commodity.". 
Approved October 30, 1989. 
LEGISLATIVE HISTORY—S. 1792: 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Oct. 25, considered and passed Senate. 
Oct. 26, considered and passed House, eimended. Senate concurred in House 
amendment. 
o