12 2 STA T . 1 68 1 PUBLIC LA W 11 0– 2 4 6 —J U NE 18 , 2008 (i i )ex i st i ngproduc tion c a pacities are b eing sup - p l anted . ( C ) REPORT . —A s soon as practicable a f ter conducting ane v aluation under subparagrap h (A) , the S ecretar y shall sub m it to the Committee on Agriculture of the H ouse of Representatives and the Committee on Agriculture, N utri- tion, and F orestry of the Senate a report that describes the results of the evaluation. SEC.1 1 08 .S P EC IALRU LE FO RLO NG GRAIN AN DM EDIUM GRAIN RICE. (a) C ALCU LAT I O NM ET H O D .—Sub j ect to subsections (b) and (c), for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 1 1 04 , the base acres of rice on the farm shall be apportioned using the 4-year average of the percentages of acreage planted in the applicable State to long grain rice and medium grain rice during the 2 00 3 through 200 6 crop years, as determined by the Secretary. (b) P RODUCER E LECTION.—As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of— (1) the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years
(2) the percentages of any acreage on the farm that the producers w ere prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condi- tion beyond the control of the producers, as determined by the Secretary; and (3) in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary. (c) L I M ITATION.— I n carrying out this section, the Secretary shall use the same total base acres, payment acres, and payment yields established with respect to rice under sections 1101 and 1102 of the Farm Security and Rural Investment Act of 2002 ( 7U .S.C. 7 9 11, 7912), as in effect on September 30, 2007, subject to any adjustment under section 1101 of this Act. SEC. 110 9 . PERIOD OF EFFEC T I V ENESS. T his subtitle shall be effective beginning with the 200 8 crop year of each covered commodity through the 2012 crop year. Subti t leB—Mark eti ngAs sistan c e Lo ans an d Loan D e f icienc yP ay m ents SEC. 1 2 01. AVAILA B ILIT Y OF NONRECOURSE MAR K ETING ASSISTANCE LOANS FOR LOAN COMMODITIES. (a) NONRECOUR S E LOANS A V AILA B LE.— (1) AVAILABILIT Y .—For each of the 2008 through 2012 crops of each loan commodity, the Secretary shall ma k e available 7USC8 7 31. 7 USC 871 9 . 7 USC 8718.
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