§ 8712. Payment yields

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Pub. L. 110–234 title I § 1102 · 122 Stat. 923

   Enacted · 7 U.S.C. § 8712

   Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940

   Source evidence

   Code source credit
   Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940

   Enacted provision · exact public law section
   SEC. 1102. PAYMENT YIELDS. (a) Establishment and Purpose.— For the purpose of making direct payments and counter-cyclical payments under this subtitle, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under section 1102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912) in accordance with this section. (b) Payment Yields for Designated Oilseeds and Eligible Pulse Crops.— (1) Determination of average yield.— In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero. (2) Adjustment for payment yield.— (A) In general.— The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following: (i) The average yield for the designated oilseed or pulse crop determined under paragraph (1). (ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops. (B) No national average yield information available.— To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section. (3) Use of partial county average yield.— If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). (4) No historic yield data available.— In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.

1 of 1 references resolved to an enrolled provision