PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 167 risk of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a pay- ment under this subtitle. (9) SECRETARY.— The term "Secretary" means the Secretary of Agriculture. (10) STATE. —The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (11) TARGET PRICE.—The term "target price" means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (12) UNITED STATES.— The term "United States", when used in a geographical sense, means all of the States. SEC. 1302. ESTABLISHMENT OF PAYMENT YIELD AND BASE ACRES 7 USC 7952. FOR PEANUTS FOR A FARM. (a) AVERAGE YIELD AND ACREAGE AVERAGE FOR HISTORIC PEA- NUT PRODUCERS.— (1) DETERMINATION OF AVERAGE YIELD.— (A) IN GENERAL. —The Secretary shall determine, for each historic peanut producer, the average yield for peanuts on each farm on which the historic peanut producer planted peanuts for harvest for the 1998 through 2001 crop years, excluding any crop year in which the producer did not plant or was prevented from planting peanuts. (B) ASSIGNED YIELDS.—For the purposes of determining the 4-year average yield for an historic peanut producer under this paragraph, the historic peanut producer may elect to substitute for a farm, for not more than 3 of the 1998 through 2001 crop years in which the producer planted peanuts on the farm, the average yield for peanuts produced in the county in which the farm is located for the 1990 through 1997 crop years. (2) DETERMINATION OF ACREAGE AVERAGE.— (A) IN GENERAL. —The Secretary shall determine, for each historic peanut producer, the 4-year average of the following: (i) Acreage planted to peanuts on each farm on which the historic, peanut producer planted peanuts for harvest for the 1998 through 2001 crop years. (ii) Any acreage on each farm that the historic peanut producer was prevented from planting to peanuts during the 1998 through 2001 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the historic peanut producer, as determined by the Secretary. (B) INCLUSION OF ALL 4 YEARS IN AVERAGE.— For the purposes of determining the 4-year acreage average for an historic peanut producer under this paragraph, the Secretary shall not exclude any crop year in which the producer did not plant peanuts. 99-194O-03 -7:QL3Part1
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