12 2 STA T . 1 6 66 PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 (B)inthecas e ofd i r ect p a ym ents for each of the 20 0 9 thro ug h20 1 1 crop years ,83. 3 percent of the b ase acres for the co v ered commodity on a farm on w hich direct payments are made. (12) PAYMENT Y I E LD . —T he term ‘ ‘payment yie l d ’ ’ means the yield established for direct payments and the yield estab - lished for counter-cyclical payments under section 1102 of the F arm S ecurity and R ural I nvestment A ctof2002( 7U .S. C . 7912) as in effect on September 30, 2007, or under section 1102 of this Act, for a farm for a covered commodity. (13) P RO D UC ER.— (A) IN G ENERAL.—The term ‘‘producer’’ means an owner, operator, landlord, tenant, or sharecropper that shares in the ris k of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. (B) H Y B RID S EED.—In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the e x istence of a hybrid seed contract
and (ii) ensure that program re q uirements do not adversely affect the ability of the grower to receive a payment under this title. (1 4 ) PULSE CRO P .—The term ‘‘pulse crop’’ means dry peas, lentils, small chickpeas, and large chickpeas. (1 5 ) STATE.—The term ‘‘State’’ means— (A) a State; (B) the D istrict of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (1 6 ) TARGET PRICE.—The term ‘‘target price’’ means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the payment rate for counter-cyclical payments. (17) UNITED STATES.—The term ‘‘United States’’, when used in a geographical sense, means all of the States. (18) UNITED STATES PREMIUM F ACTOR.—The term ‘‘United States Premium Factor’’ means the percentage by which the difference in the United States loan schedule premiums for Strict M iddling (SM) 1 1⁄8 -inch upland cotton and for Middling (M) 1 3 ⁄3 2 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities. Subti t leA—D i r e c t Paym e n t s an dCo unter - Cyclical Payments SEC.1 1 0 1. BA SE AC R ES. (a) AD J USTMENT OF BASE ACRES.— (1) IN GENERAL.—The Secretary shall provide for an ad j ust- ment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occurs
(A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period 7USC8 7 1 1 .
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