Page:United States Statutes at Large Volume 108 Part 4.djvu/567

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PUBLIC LAW 103-354—OCT. 13, 1994 108 STAT. 3201 "(A) in the case of a crop that is produced with a significant and variable harvesting expense, reflects the decreasing cost incurred in the production cycle for the crop that is— "(i) harvested; "(ii) planted but not harvested; and

    • (iii) prevented from being planted because of

drought, flood, or otiier natural disaster (as determined by the Secretary); and "(B) in the case of a crop that is not produced with a significant and variable harvesting expense, is determined by the Corporation. " (e) YIELD DETERMINATIONS.— "(1) ESTABLISHMENT.— The Corporation shall establish farm yields for purposes of providing noninsured crop disaster assistance under this section. "(2) ACTUAL PRODUCTION HISTORY.— The Corporation shall determine yield coverage using the actual production history of the promicer over a period of not less than the 4 previous consecutive crop years and not more than 10 consecutive crop years. Subject to paragraph (3), the jdeld for the year in which noninsured crop disaster assistance is sought snail be equal to the average of the actual production history of the producer during the period considered. "(3) ASSIGNMENT OF YIELD. —If a producer does not submit adequate documentation of production history to determine a crop yield under paragraph (2), the Corporation shall assign to the producer a yield equal to not less than 65 percent of the transitional yield of the producer (adjusted to reflect actual production reflected in the records acceptable to the Corporation for continuous years), as specified in regulations issued by the Corporation based on production history requirements. "(4) PROHIBITION ON ASSIGNED YIELDS IN CERTAIN COUNTIES.— "(A) IN GENERAL.— "(i) DOCUMENTATION. — If sufficient data are available to demonstrate that the acreage of a crop in a county for the crop year has increased by more than 100 percent over any year in the preceding 7 crop years or, if data are not available, if the acreage of the crop in the county has increased significanuy fix>m the previous crop years, a producer must provide such detailed documentation of production costs, acres planted, and yield for the crop year for which benefits are being claimed as is required by the Corporation. If the Corporation determines tiiat the documentation Provided is not sufficient, the Corporation may require ocumenting proof that the crop, had the crop been harvested, coiild have been marketed at a reasonable price. "(ii) PROHIBITION.— Except as provided in subparagraph (B), a producer who produces a crop on a farm located in a county described in clause (i) may not obtain an assigned yield. "(B) EXCEPTION.— ^A crop or a producer shall not be subject to this subsection if—