12 2 STA T . 22 50PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (a a )the a djus ted a c tua lpro duct i o n his - tor y yield
or ‘‘( b b) the counter-cyclical pro g ra m pay- ment yield f or each crop; and ‘‘(ii) for each noninsurable commodity on a farm ,120 percent of the product obtained by multiplying — ‘‘( I ) a payment rate for the commodity that ise q ual to 100 percent of the noninsured crop assistance program established price for the com- modity; ‘‘(II) the payment acres for the commodity that is equal to the number of acres planted, or pre- v ented from being planted, to the commodity; and ‘‘(III) the payment yield for the commodity that is equal to the higher of— ‘‘(aa) the adjusted noninsured crop assist- ance program yield guarantee; or ‘‘(bb) the counter-cyclical program pay- ment yield for each crop . ‘‘( B ) ADJUSTMEN T I NSU RA N C E G UARANTEE.— N ot w ith- standing subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of pre- vented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance pro- gram guarantee for the insurable commodity. ‘‘( C ) ADJUSTED ASSISTANCE L E V EL.—Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program provides for an adjustment in the level of assistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assistance program guarantee for the noninsurable commodity. ‘‘( D ) EQ UITA B LE TREATMENT FO R NON- Y IELD BASED P OLI- CIES.— T he S ecretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted G ross R evenue L ite insurance program. ‘‘( 4 ) F ARM REVENUE.— ‘‘(A) IN GENERAL.—For purposes of this subsection, the total farm revenue for a farm, shall equal the sum obtained by adding— ‘‘(i) the estimated actual value for each crop pro- duced on a farm by using the product obtained by multiplying— ‘‘(I) the actual crop acreage harvested by an eligible producer on a farm; ‘‘(II) the estimated actual yield of the crop production; and ‘‘(III) subject to subparagraphs (B) and (C), tothee x tent practicable, the national average mar k et price received for the marketing year, as determined by the Secretary; ‘‘(ii) 1 5 percent of amount of any direct payments made to the producer under sections 110 3 and 1303 of the Food, Conservation, and Energy Act of 200 8 or successor sections;
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