Espy

The Disaster Assistance Act of 1988, Pub.L. No. 100-387,102 Stat. 924 (codified in relevant part at 7 U.S.C. § 1421 note), was enacted to “provide for disaster payments to producers of any annual commercial crop ... who lose more than 35 percent of their 1988 crop due to the drought, hail, flood, or other natural disaster.” H.R.Rep. No. 800, 100th Cong., 2d Sess. 27 (1988), reprinted in 1988 U.S.C.C.A.N. 1192, 1195.

Greenhorn Farms appeals a summary judgment in favor of the Secretary of Agriculture on 'whether section 204 of the 1988 Act requires that all or only the marketable portion of “nonprogram crops” grown and removed from the ground are to be counted *964 in determining whether a farmer is entitled to disaster relief. We affirm.

The facts are stipulated. Over a third of Greenhorn’s 1988 potato crop was unmarketable because of a drought-related condition known as “hollow heart.” Greenhorn applied for disaster payments under section 204. The parties stipulate that the application was denied,

See also 7 C.F.R. § 1477.3 (1989) (defining “actual production” to mean “the quantity of the crop actually harvested or which could have been harvested”). Greenhorn then filed this…