Page:United States Statutes at Large Volume 108 Part 4.djvu/568

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108 STAT. 3202 PUBLIC LAW 103-354—OCT. 13, 1994 "(i) the planted acreage of the producer for the crop has been inspected by a third party acceptable to the Secretary; or "(iiXD the County Executive Director and the State Executive Director recommend an exemption fix)m the requirement to the Deputy Administrator for State and County Operations of the Agricultural Stabilization and Conservation Service; and "(II) the Deputy Administrator approves the recommendation. "(5) LIMITATION ON RECEIPT OF SUBSEQUENT ASSIGNED YIELD. —^A producer who receives an assigned yield for the current year of a natural disaster because required production records were not submitted to the locsil office of the Department shall not be eligible for an assigned yield for the year of the next natural disaster unless the required production records of the previous 1 or more years (as applicable) are provided to the local office. " (6) YIELD VARIATIONS DUE TO DIFFERENT FARMING PRAC- TICES. —The Corporation shall ensure that noninsured crop disaster assistance accurately reflects significant yield variations due to different farming practices, such as between irrigated and nonirrigated acreage. (f) CONTRACT PAYMENTS. — A producer who has received a guaranteed payment for production, as opposed to deHvery, of a crop pursuant to a contract shall have the production of the producer adjusted upward by the amount of the production equal to the amount of the contract payment received. "(g) PAYMENT OF LOSSES. — Payments for noninsured crop disaster assistance losses under this section shall be made worn the insurance fund established under section 516. The losses shall not be included in calculating the premiums charged to producers for insurance under section 508. "(h) EXCLUSIONS.— Noninsured crop disaster assistance under this section shall not cover losses due to— "(1) the neglect or malfeasance of the producer, "(2) the Hulure of the producer to reseed to the same crop in those areas and under such circumstances where it is customary to reseed; or "(3) the failure of the producer to follow good farming practices, as determined by the Corporation.". SEC. 112. PAYMENT AND INCOME LIMITATIONS. Section 519 (7 U.S.C. 1519) (as amended by section 111) is further amended by adding at the end the following new subsection: " (h) PAYMENT AND INCOME LIMITATIONS.— "(1) DEFINITIONS.—As used in this subsection: "(A) PERSON.—The term *person' has the meaning provided the term in regulations issued by the Secretary. The regulations shall conform, to the extent practicable, to the regulations defining the term 'person' issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). "(B) QUALIFYING GROSS REVENUES. — The term 'qualify- ing gross revenues' means— "(i) if a majority of the gross revenue of the person is received from farming, ranching, and forestry oper-