Page:United States Statutes at Large Volume 108 Part 4.djvu/566

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108 STAT. 3200 PUBLIC LAW 103-354—OCT. 13, 1994 "(3) CAUSE OF LOSS. — To qualify for assistance under tMs section, the losses of the noninsured commodity shall be due to drought, flood, or other natural disaster, as determined by the Secretary. "(b) APPLICATION FOR NONINSUPVED CROP DISASTER ASSISTANCE.— " (1) TIMELY APPLICATION. —To be eligible for assistance under this section, a producer shall submit an application for noninsured crop disaster assistance at a local office of the Department The application shall be in such form, contain such information, and be submitted at such time as the Corporation may require. "(2) RECORDS. —^A producer shall annually provide records, as required by the Corporation, of previous crop acreage, acreage yields, and production, or the producer shall accept a yield under subsection (e)(3) determined by the Corporation. "(3) ACREAGE REPORTS.— ^A producer shall provide reports on acreage planted or prevented from being planted, as required by the Corporation, by the designated acreage reporting date for the crop and location as estabhshed by the Corporation. "(c) Loss REQUIREMENTS.— "(1) REQUIRED AREA LOSS. — A producer of an eligible crop shall not receive noninsured crop disaster assistance unless the average yield for that crop, or an equivalent measure in the event yield data are not available, in an area falls below 65 percent of the expected area yield, as estabhshed by the Corporation. "(2) PREVENTED PLANTING.— Subject to paragraph (1), the Corporation shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural disaster, as determined by the Secretary. "(3) REDUCED YIELDS. —Subject to paragraph (1), the Corporation shall make a reduced yield noninsured crop disaster assistance payment to a producer if the total quantity of the eligible crop that the producer is able to harvest on any farm is, because of drought, flood, or other natural disaster as determined by the Secretary, less than 50 percent of the expected individual yield for the crop, as determined by the Corporation, factored for the interest of the producer for the crop. "(d) PAYMENT.— The Corporation shall make available to a producer eligible for noninsured assistance under this section a payment computed by multiplying— "(1) the quantity that is less than 50 percent of the established yield for the crop; by

    • (2)(A) in the case of each of the 1995 through 1998 crop

years, 60 percent of the average market price for the crop (or any comparable coverage determined by the Corporation); or "(B) in the case of each of the 1999 and subsequent crop years, 55 percent of the average market price for the crop (or any comparable coverage determined by the Corporation); by "(3) a payment rate for the type of crop (as determined by the Corporation) that—