PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 949 the transitional yield of the producer (adjusted to reflect actual production reflected in the records acceptable to the Secretary for continuous years), as specified in regulations issued by the Secretary based on production history requirements. (4) PROHIBITION ON ASSIGNED YIELDS IN CERTAIN COUN- TIES.— (A) IN GENERAL. — (i) DOCUMENTATION.— I f 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 significantly from 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 Secretary. If the Secretary determines that the documentation provided is not sufficient, the Secretary may require documenting proof that the crop, had the crop been harvested, could 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— (i) the planted acreage of the producer for the crop has been inspected by a third party acceptable to the Secretary; or (ii)(I) the County Executive Director and the State Executive Director recommend an exemption from the requirement to the Administrator of the Agency; and (II) the 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 local 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 Secretary shall ensure that noninsured crop disaster assistance accurately reflects significant yield variations due to different fanning practices, such as between irrigated and nonirrigated acreage. (f) CONTRACT PAYMENTS. —^A producer who has received a guaranteed payment for production, as opposed to delivery, 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) USE OF COMMODITY CREDIT CORPORATION. — The Secretary may use the funds of the Commodity Credit Corporation to carry out this section.
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