Farm Disaster Assistance Act of 1987
PL 100-45 (H.R.1157), enacted 05/27/1987

101 STAT. 318 
PUBLIC LAW 100-45—MAY 27, 1987 
Public Law 100-45 
100th Congress 
An Act 
^ s-r. 
May 27, 1987 
[H.R. 1157] 
Farm Disaster 
Assistance Act 
of 1987. 
Agriculture and 
agricultural 
commodities. 
7 u s e 1421 note. 
Conservation. 
Conservation. 
Loans. 
Conservation. 
To provide for an acreage diversion program applicable to producers of the crop of 
winter wheat harvested in 1987, and otherwise to extend assistance to farmers 
adversely affected by natural disasters in 1986. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Farm Disaster Assistance Act of 1987". 
h:r#i as 
WHEAT ACREAGE DIVERSION 
SEC. 2. Effective only for the 1987 crop of wheat, section 
107D(c)(l)(C) of the Agricultural Act of 1949 (7 U.S.C. 1445b-
3(c)(lXC)) is amended by— 
(1) in clause (i)— 
(A) inserting ", or all of such permitted acreage (as 
provided in subclauses (II), (III), and (IV) of clause (ii))," 
after "permitted wheat acreage of the farm for the crop"; 
and 
(B) in subclause (I) thereof, inserting "(or all)" after "such 
portion"; 
(2) in clause (ii)— 
i>;. r 
(A) inserting "(I)" after the clause designation; 
(B) inserting "subclauses (II), (III), and (IV) of this clause 
and" before "clauses (iii) and (vii)"; and 
(C) adding at the end thereof the following: 
"(II) "Effective for the 1987 crop, producers of winter wheat on a 
farm shall not be subject to the 50 percent planting requirement, 
and may devote all or any portion of the farm's 1987 winter wheat 
permitted acreage to conservation uses (or other uses as provided in 
subparagraph (K)) under the program under this subparagraph. 
"(Ill) Effective for the 1987 crop, producers of wheat on a farm 
shall not be subject to the 50 percent planting requirement, and may 
devote all or any portion of the farm's 1987 permitted wheat acreage 
to conservation uses (or other uses as provided in subparagraph (K)) 
under the program under this subparagraph, if the farm is, during 
the normal planting season for such crop, subject to flooding on at 
least 50 percent of the permitted wheat acreage of the farm as the 
result of damage to a levee from flooding that occurred in 1986 and 
the farm is located in a county in which producers were eligible to 
receive disaster emergency loans under section 321 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1961) as a result of 
such disaster. 
"(IV) Effective for the 1987 crop, producers of wheat on a farm 
shall not be subject to the 50 percent planting requirement, and may 
devote all or any portion of the farm's 1987 permitted wheat acreage 
to conservation uses (or other uses as provided in subparagraph (K)) 
under the program under this subparagraph, if the producers on the 
farm are prevented from planting such acreage, if intended for 
wheat, to wheat for harvest in 1987 because of a natural disaster in 
JWi£*? IsKrt 
PUBLIC LAW 100-45—MAY 27, 1987 
101 STAT. 319 
1986 and the farm is located in a county in which producers were 
ehgible to receive disaster emergency loans under section 321 of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a 
result of such disaster."; and 
(3) in clause (iv)— 
(A) inserting "(or all)" after "such portion"; and 
(B) inserting "under this subparagraph" after "subpara-
*- 
graph (K))". 
•^' 
FEED GRAIN ACREAGE DIVERSION 
SEC. 3. Effective only for the 1987 crop of feed grains, section 
105C(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444e(c)(l)(B)) 
is amended by— 
(1) in clause (i)— 
(A) inserting ", or all of such permitted acreage (as 
provided in the second sentence of clause (ii))," after "per-
mitted feed grain acreage of the farm for the crop"; and 
(B) in subclause (I) thereof, inserting "(or all)" after "such 
portion"; 
:^ 
(2) in clause (ii)— 
^' 
(A) inserting "the following sentence and" before "clause 
' •
« ^ -^^^ " 
(iii)"; and 
(B) adding at the end thereof the following: "Effective for 
Conservation. 
^* 
the 1987 crop, producers of feed grains on a farm shall not Loans. 
^ 
be subject to the 50 percent planting requirement, and may 
devote all or any portion of the farm's 1987 permitted feed 
rt3u 
grain acreage to conservation uses (or other uses as pro-
vided in subparagraph (I)) under the program under this 
paragraph, if the farm is, during the normal planting 
season for such crop, subject to flooding on at least 50 
*
*
^ 
percent of the permitted feed grain acreage of the farm as 
y^ 
the result of damage to a levee from flooding that occurred 
in 1986 and the farm is located in a county in which 
ic---''-rt«; ^a 
- 
producers were eligible to receive disaster emergency loans 
' ^ -
^ 
under section 321 of the Consolidated Farm and Rural 
^' 
Development Act (7 U.S.C. 1961) as a result of such disas-
1 
ter."; and 
* 
(3) in clause (iv)— 
(A) inserting "(or all)" after "such portion"; and 
(B) inserting "under this subparagraph" after "subpara-
. 
graph (I))". 
^^ 
COTTON ACREAGE DIVERSION 
> 
SEC. 4. Effective only for the 1987 crop of upland cotton, section 
103A(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444-l(c)(l)(B)) 
is amended by— 
(1) in clause (i)— 
(A) inserting ", or all of such permitted acreage (as 
provided in subclause (II) of clause (ii))," after "permitted 
upland cotton acreage of the farm for the crop"; and 
'
*
" 
(B) in subclause (I), inserting "(or all) 
after "such 
;«'•-'' 
portion"; 
^"' 
(2) in clause (ii)— 
' 
(A) inserting "(I)" after the clause designation; 
-'*' 
(B) inserting "subclause (II) and" before "clause (iii)"; and 
101 STAT. 320 
PUBLIC LAW 100-45—MAY 27, 1987 
Conservation. 
Loans. 
7 u s e 1441-1. 
Mai. 
Conservation. 
Loans. 
Claims. 
Securities. 
(C) adding at the end thereof the following new subclause: 
"(II) Effective for the 1987 crop, producers of upland cotton on a 
farm shall not be subject to the 50 percent planting requirement, 
and may devote all or any portion of the farm's 1987 permitted 
upland cotton acreage to conservation uses (or other uses as pro-
vided in subparagraph (G)) under the program under this subpara-
graph, if the farm is, during the normal planting season for such 
crop, subject to flooding on at least 50 percent of the permitted 
upland cotton acreage of the farm as the result of damage to a levee 
from flooding that occurred in 1986 and the farm is located in a 
county in which producers are eligible to receive disaster emergency 
loans under section 321 of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 1961) as a result of such disaster."; and 
(3) in clause (iv)— 
^
c 
(A) inserting "(or all)" after "such portion"; and 
(B) inserting "under this subparagraph" after "subpara-
graph (G))". 
RICE ACREAGE DIVERSION 
SEC. 5. Effective only for the 1987 crop of rice, section 101A(c)(l)(B) 
of the Agricultural Act of 1949 (7 U.S.C. 1444-l(c)(l)(B)) is amended 
b y -
(1) in clause (i)— 
(A) inserting ", or all of such permitted acreage (as 
provided in subclause (II) of clause (ii))," after "permitted 
rice acreage of the farm for the crop"; and 
(B) in subclause (I), inserting "(or all)" after "such 
portion"; 
(2) in clause (ii)— 
(A) inserting "(I)" after the clause designation; 
(B) inserting "subclause (II) and" before "clause (iii)"; and 
(C) adding at the end thereof the following new subclause: 
"(II) Effective for the 1987 crop, producers of rice on a farm shall 
not be subject to the 50 percent planting requirement, and may 
devote all or any portion of the farm's 1987 permitted rice acreage to 
conservation uses (or other uses as provided in subparagraph (G)) 
under the program under this subparagraph, if the farm is, during 
the normal planting season for such crop, subject to flooding on at 
least 50 percent of the permitted rice acreage of the farm as the 
result of damage to a levee from flooding that occurred in 1986 and 
the farm is located in a county in which producers are eligible to 
receive disaster emergency loans under section 321 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1961) as a result of 
such disaster."; and 
(3) in clause (iv)— - - - — " ' : -^* "-'^ • fn • ^^rr^:.:T*^ - --> 
{{iihi!^: 
(A) inserting "(or all)" after "such portion"; and 
(B) inserting "under this subparagraph" after "subpara-
graph (G))". 
belli m. 
FULL PAYMENTS FOR DISASTER LOSSES 
SEC. 6. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall make full payment in the form of generic 
negotiable commodity certificates to eligible producers, using funds, 
facilities, and authorities of the Commodity Credit Corporation, on 
all qualifying claims for assistance under section 633(B) of the 
PUBLIC LAW 100-45—MAY 27, 1987 
101 STAT. 321 
Agriculture, Rursil Development, and Related Agencies Appropria-
tions Act, 1987, as included in section 101(a) of Public Laws 99-500 
100 Stat. 
and 99-591, and as amended by sections 7 and 11 of this Act, to the 334^130' 
extent provided in advance in an appropriation Act. To the extent 
100 stat. 1783. 
that partial payment on any such claim has been made prior to the 
100 Stat. 3341. 
date of enactment of this Act, the Secretary shall provide a supple-
mental payment to the producer under this section, as soon as 
practicable after the date of enactment of this Act, to cover the 
difference between the partial pa)nnent and the amount of the full 
. JAISM 
claim. 
DISASTER PAYMENTS 
SEC. 7. Section 633(B) of the Agriculture, Rural Development, and 
Related Agencies Appropriations Act, 1987, as included in section 
101(a) of Public Laws 99-500 and 99-591, is amended by— 
100 Stat. 
(1) in subsection (a)(5)- 
1783-30, 
. 
(A) amending clause (ii) of subparagraph (B) to read as 
^ 
follows: 
^, 
"(ii) with respect to soybeans, peanuts, sugar beets, and 
sugarcane— 
i 
"(I) except as provided in subclause (III), with respect to 
soybeans and peanuts, the acreage so affected but not to 
/^^. , 
exceed the acreage planted in the immediately preceding 
1, 
year to soybeans or peanuts, respectively, for harvest 
'' 
including any acreage that the producer was prevented 
from planting to such commodity or to other nonconserving 
crops in lieu of soybeans or peanuts because of drought, 
^^^,, 
excessive moisture, flood, hail, or other natural disaster, or 
. j ^ 
''""^ other condition beyond the control of the producer; 
^^^ ' 
A
, 
"(II) with respect to sugar beets and sugarcane (including 
^
. 
sugar beets or sugarcane produced by those producers who 
J, 
did not plant acreage to sugar beets or sugarcane during 
1985 as the result of the bankruptcy of the Great Western 
wism . 
Sugar Company), the acreage so affected; and 
^ " 
(III) with respect to producers of soybeans and peanuts 
^ 
whose plantings of such commodities in 1985 were either 
prevented or below normal levels because of rotation prac-
'j., 
tices carried out by such producers, the acreage so affected 
1
^
' 
but not to exceed a quantity of acreage based on the 
" 
historical plantings of such commodities as determined by 
the county committee established under section 8(b) of the 
Soil Conservation and Domestic Allotment Act (16 U.S.C. 
590h(b))."; and 
(B) adding at the end thereof the following: 
"(C) Any pajnnents made available in accordance with subclause 
(II) or (III) of subparagraph (B)(ii) may be made only to the extent 
such payments are provided for in advance in an appropriation Act, 
as authorized under section 6 of the Farm Disaster Assistance Act of 
1987."; 
(2) in paragraph (1) of subsection (c), inserting "(including hay 
' Jon isd 08IJ s 
w 
and straw that was harvested in 1986, stored on a field, and 
removed from the field by a flood)" after "commercial crops"; 
101 STAT. 322 
PUBLIC LAW 100-45—MAY 27, 1987 
^ ••.{-.,. 
Maine. 
Maine. 
(3) striking out "1987." in paragraph (2) of subsection (d) and 
inserting in lieu thereof the following: "1987, except as provided 
in the following sentence. Applications for payments— 
"(A) with respect to hay and straw referred to in subsec-
tion (c)(1) and crops of apples damaged by freezing; 
"(B) made by producers under the last sentence of subsec-
tion (aXSXAXii) or under subclause (II) or (III) of subsection 
(aX5XBXii); and 
"(C) with respect to program or nonprogram crops pro-
duced in the State of Maine, 
must be filed on or before the date that is 30 days after the date 
of enactment of the Farm Disaster Assistance Act of 1987."; 
(4) adding at the end of subsection (e) the following: 
"(3) With respect to losses of hay and straw referred to in subsec-
tion (cXD— 
"(A) payments may be made to producers only to the extent 
payments under this section are provided for in advance in an 
appropriation Act, as authorized under section 6 of the Farm 
Disaster Assistance Act of 1987; 
"(B) the total amount of payments made to all producers may 
not exceed $1,000,000; and 
"(C) the total amount of payments made to an individual 
producer may not exceed $20,000. 
"(4) With respect to losses of apple crops under subsection (b), 
payments may be made to producers only to the extent payments 
under this section are provided for in advance in an appropriation 
Act, as authorized under section 6 of the Farm Disaster Assistance 
Act of 1987. 
"(5) With respect to losses of program or nonprogram crops pro-
duced in the State of Maine— 
"(A) payments may be made to producers only to the extent 
payments under this section are provided for in advance in an 
appropriation Act, as authorized under section 6 of the Farm 
Disaster Assistance Act of 1987; and 
"(B) the total amount of payments made to all producers may 
not exceed $1,000,000."; and 
(5XA) in paragraph (1) of subsection (b), inserting "and (with 
respect to apple crops) freeze," after "excessive moisture,"; 
(B) in paragraph (2XA) of subsection (b) inserting "or (with 
respect to apple crops) freeze," after "excessive moisture,"; and 
(C) in paragraph (IXB) of subsection (c), inserting "freeze" 
after "excessive moisture,". 
AUTHORIZATION NOT TO INCREASE THE DEFICIT 
SEC. 8. Each appropriation made pursuant to authorizations in 
this Act and any new appropriation for an expenditure of funds by 
the Department of Agriculture (whether in a general, supplemental, 
or continuing appropriation Act) shall be made in accordance with 
the provisions of the Congressional Budget and Impoundment Con-
2 use 621 note, 
trol Act (which prohibits the consideration by Congress of any bill 
that would cause the deficit of the United States Government to 
exceed the levels established by the Balanced Budget and Emer-
2 use 901 note, 
gency Deficit Control Act of 1985 (Gramm-Rudman-Hollings)), such 
that the appropriation does not increase the deficit of the United 
States Government for fiscal year 1987, and shall be made only if 
the expenditure is authorized by law. 
PUBLIC LAW 100-45—MAY 27, 1987 
101 STAT. 323 
1 . 
GREAT LAKES FLOOD EMERGENCY ASSISTANCE 
SEC. 9. Section 5 of the Act of August 18, 1941 (33 U.S.C. TOln) is 
amended— 
• 
(1) by redesignating subsection (a) as subsection (a)(1); and 
(2) by adding at the end of subsection (a)(1), as redesignated by 
this Act, the following new paragraph: 
"(2) In preparing a cost and benefit feasibility assessment for any 
emergency project described in paragraph (1), the Chief of Engineers 
shall consider the benefits to be gained by such project for the 
protection of— 
"(A) residential establishments; 
"(B) commercial establishments, including the protection of 
inventory; and 
f
* 
"(C) agricultural establishments, including the protection of 
crops.". 
CONSERVATION RESERVE 
SEC. 10. Section 1235(a) of the Food Security Act of 1985 should be 
16 USC 3835. 
reviewed by the Secretary of Agriculture to ensure that the provi-
sions thereof relating to exceptions to the three-year ownership 
requirement with respect to eligibility for the conservation reserve 
are being implemented in a manner to encourage inclusion of 
producer-owned land in the conservation reserve. However, any 
such exception to the three-year requirement should be made only if 
the Secretary determines that the land involved (1) was not acquired 
for the purpose of placing the land in the conservation reserve or (2) 
otherwise meets the criteria for exceptions made under section 
1235(a). 
UPLAND COTTON DISASTER PAYMENTS 
SEC. 11. Section 633(B) of the Agriculture, Rural Development, and 
Related Agencies Appropriations Act, 1987, as included in section 
101(a) of Public Laws 99-500 and 99-591, is amended by— 
100 Stat. 
(1) adding at the end of subsection (a)(5)(A)(ii) a new sentence oo4?~on' 
as follows: "To ensure equitable treatment of all producers 
^QO Stat. 1783 
suffering losses, each county committee established under sec- 3341. 
tion 80t)) of the Soil Conservation and Domestic Allotment Act, 16 USC 590h. 
in accordance with regulations established by the Secretary, 
shall make adjustments in the actual production on each farm 
of the 1986 upland cotton crop to reflect any reduction in the 
quality of such crop caused by drought, excessive heat, floods, 
hail, or excessive moisture in 1986."; and 
(2) adding at the end of subsection (e), as amended by section 7 
of this Act, the following: 
"(6) With respect to payments based on adjustments made to 
reflect any reduction in the quality of the 1986 upland cotton crop 
under subsection (a)— 
"(A) payments may be made to producers only to the extent 
payments under this section are provided for in advance in an 
appropriation Act, as authorized under section 6 of the Farm 
Disaster Assistance Act of 1987; and 
;.:>t4fi 
"(B) the total amount of payments made to all producers may 
not exceed $15,000,000.". 
91-194 O - 90 -12 : QL.3 Part 1 
101 STAT. 324 
PUBLIC LAW 100-45—MAY 27, 1987 
South Dakota. 
,aK8* 
.ri'.)' 
•h'J ;> 
Reports. 
DESIGNATION OF CERTAIN LANDS AS WETLANDS UNDER WATER BANK 
ACT 
SEC. 12. The Secretary of Agriculture shall designate as "wet-
lands", for purposes of section 3 of the Water Bank Act (16 U.S.C. 
1302), areas in the Kingsbury, Hamlin, Lake, Miner, Brookings, and 
Codington Counties of the State of South Dakota that suffered from 
floods in 1986: Provided, That, notwithstanding the designation of 
such lands as wetlands, total payments to owners and operators 
under the Water Bank Program for lands in the State of South 
Dakota shall not exceed $1,243,000 during fiscal year 1987. 
I D 0ol^'>ttj 
ETHANOL COST-EFFECTIVENESS STUDY 
•:>f 
SEC. 13. (a) The Secretary of Agriculture shall, within 30 days 
after the date of enactment of this Act, establish a panel to conduct 
a study of the cost-effectiveness of ethanol production. 
Ot)) The panel shall consist of 7 members appointed by the Sec-
retary, of which— 
(1) 4 members shall be persons who are representatives o
f
— 
(A) feed grain producers; 
^-, 
(B) feed grain processors; 
^' 
(C) members of associations involved in the production 
^^ 
and marketing of ethanol; and 
//•" 
(D) other related industries or institutions of higher edu-
:; 
cation, and both; and 
(2) no more than 2 of the remaining 3 members shall be 
employees of the Federal Government. 
.^ 
(c) The panel shall— 
- v ^ 
(1) review and assess the economics and cost of production 
factors involved in the manufacture of ethanol in modern etha-
nol production facilities; 
(2) assess ethanol technology, production, and marketing 
'• 
advances that have enabled the ethanol industry to grow rap-
idly since the inception of the industry in 1980; 
(3) assess the economic effect on United States agriculture 
from fuel ethanol production from United States agricultural 
' commodities; 
(4) review and analyze the tradeoffs between Federal produc-
tion and marketing incentives for fuel ethanol and other agri-
cultural programs designed to enhance farm income and adjust 
agricultural production; 
5
« 
(5) analyze the effect on the agricultural economy resulting 
from increasing levels of ethanol production, including in-
^ 
creased emplo3mient, increased tax receipts, expanded economic 
activity, export potential of residual products, and net costs or 
O
v savings; 
Q
< 
(6) analyze the effect fuel ethanol production has on agricul-
tural prices and farm income; and 
^f 
(7) analyze the effect of increased ethanol production on the 
0/ balance of trade, energy security, and air quality in the United 
States. 
(d) Not later than 90 days after the date of enactment of this Act, 
the panel shall submit a report describing the results of the study to 
the Committee on Agriculture of the House of Representatives, the 
Committee on Agriculture, Nutrition, and Forestry of the Senate, 
and the Secretary of Agriculture. 
• 
K-')hni-a 
PUBLIC LAW 100-45—MAY 27, 1987 
101 STAT. 325 
MARKETING LOAN REPORT 
,.i / » 
SEC. 14. If marketing loan programs are not established for the 
1987 crops of wheat, feed grains, and soybeans under sections 
107D(a)(5), 105C(a)(4), and 201(i)(3) of the Agricultural Act of 1949 (7 
U.S.C. 1445b-3(a)(5), 1444e(a)(4), and 1446(i)(3)) before the date of 
enactment of this Act, the Secretary of Agriculture, no later than 
July 1, 1987, shall submit to the Committee on Agriculture of the 
House of Representatives and to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report that contains— 
(Da statement of the reasons for not establishing marketing 
loan programs for the 1987 crops of wheat, feed grains, and 
soybeans; 
(2) a comparison o
f
— 
(A) the cost of the price support and production control 
programs for the 1987 crops of wheat, feed grains, and 
<^ 
soybeans; and 
(B) the cost of such programs if such marketing loan 
programs were established; 
**' " (3) an analysis of the effectiveness of the existing marketing 
loan programs for cotton and rice; 
(4) a comparison of— 
(A) the effectiveness of the current marketing loan pro-
grams for cotton and rice; and 
(B) the effectiveness of marketing loan programs that 
•
^ 
could be established by the Secretary for wheat, feed grains, 
and soybeans; 
(5) an analysis of whether the generic certificate program 
established by the Secretary produces the same effect on the 
price of exported grain as would be achieved by establishing 
HooiAsUss^ft 
marketing loan programs; and 
(6) an analysis of the effect a soybean marketing loan pro-
gram would have on the markets for sunflower and other oil 
seeds, situations in which a sunflower marketing loan program 
would be appropriate, and how such program would operate in 
conjunction 
with 
marketing 
loan 
programs 
for 
other 
commodities. 
' 
SUNFLOWER PRICE SUPPORT PROGRAM 
SEC. 15. (a) Effective for the 1987 through 1990 crops of sunflowers, 
section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) is 
amended b y -
CD in the first sentence, inserting "sunflower seeds," after 
"soybeans,"; and 
(2) adding at the end thereof the following new subsection: 
"(1)(1) The Secretary may support the price of sunflower seeds Loans, 
through loans and purchases for each of the 1987 through 1990 crops 
of sunflowers at such level as the Secretary determines will take 
into account the historical price relationship between sunflower 
seeds and soybeans, the prevailing loan level for soybeans, and the 
historical oil content of sunflower seeds and soybeans, except that 
the level of loans and purchases may not be less than 8¥2 cents per 
.;H I: oeu v 
pound of sunflower seeds. 
"(2)(A) The Secretary may permit a producer to repay a loan made 
under paragraph (1) for a crop at a level that is the lesser of— 
101 STAT. 326 
PUBLIC LAW 100-45—MAY 27, 1987 
Regulations. 
7 use 1446. 
"(i) the loan level determined for such crop; or 
"(ii) the prevailing world market price for sunflower seeds, as 
determined by the Secretary. 
"(B) If the Secretary permits a producer to repay a loan in 
accordance with subparagraph (A), the Secretary shall prescribe by 
regulation— 
"(i) a formula to define the prevailing world market price for 
sunflower seeds; and 
"(ii) a mechanism by which the Secretary shall announce 
periodically the prevailing world market price for sunflower 
seeds. 
"(3)(A) The Secretary may, for each of the 1987 through 1990 crops 
of sunflowers, make payments available to producers who, although 
eligible to obtain a loan or purchase agreement under paragraph (1), 
agree to forgo obtaining such loan or agreement in return for such 
payments. 
"(B) A payment under this paragraph shall be computed by 
multiplying— 
-, 
"(i) the loan payment rate; by 
"(ii) the quantity of sunflower seeds the producer is eligible to 
place under loan. 
"(C) For purposes of this paragraph, the loan payment rate shall 
not be less than the amount by which the loan level determined for 
such crop under paragraph (1) exceeds the level at which a loan may 
be repaid under this subsection. 
"(D) At the option of the Secretary, payments to a producer under 
this paragraph shall be made in the form of cash or negotiable 
certificates redeemable for any agricultural commodity owned by 
the Commodity Credit Corporation, or any combination thereof. 
"(4) For purposes of this subsection, the marketing year for sun-
flower seeds shall be prescribed by the Secretary by regulation. 
"(5)(A) If price support is to be provided under this subsection for a 
crop of sunflowers, the Secretary shall make a preliminary 
announcement of the level of price support for sunflower seeds for 
the marketing year for such crop not earlier than 30 days before the 
beginning of the marketing year. The announced level shall be 
based on the latest information and statistics available at the time 
of the announcement. 
"(B) The Secretary shall make a final announcement of such level 
as soon as complete information and statistics are available on 
prices for the 5 years preceding the beginning of the marketing year. 
Such final level of support may not be announced later than 30 days 
after the beginning of the marketing year with respect to which the 
announcement is made. The final level of support may not be less 
than the level of support provided for in the 
preliminary 
announcement. 
"(6) Notwithstanding any other provision of law, the Secretary 
shall not require participation in any production adjustment pro-
gram for sunflowers or any other commodity as a condition of 
eligibility for price support for sunflower seeds.'. 
(b) It is the sense of Congress that, if producers are permitted to 
repay loans for a crop of soybeans under section 201(i) of the 
Agricultural Act of 1949 at a level that is less than the full amount 
of the loan, the Secretary should— 
• Amu 
PUBLIC LAW 100-45—MAY 27, 1987 
101 STAT. 327 
(1) make loans and purchases available for such crop of 
sunflowers in accordance with section 201(1X1) of the Agricul-
tural Act of 1949; and 
Ante, p. 325. 
(2) permit producers to repay such loans in accordance with 
section 201(1X2) of such Act. 
Approved May 27, 1987. 
LEGISLATIVE HISTORY—H.R. 1157: 
HOUSE REPORTS: No. 100-25 (Comm. on Agriculture) and No. 100-91 (Comm. of 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Mar. 17, considered and passed House. 
Apr. 21-23, considered and passed Senate, amended. 
May 5, House disagreed to Senate amendments. 
May 7, Senate insisted on its amendments. 
May 12, Senate agreed to conference report. 
May 13, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
May 27, Presidential statement.