12 2 STA T .94 1 PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8forthe198 1 thro ug h 198 5c ro psby the na t i ona l a v er - age yiel d for the designated oilseed or pulse crop for the 1998 through 20 01 crops .(B)NONATI ONA L A VER A G E Y IEL D IN F OR M ATION AVAIL- A B LE. —T othee x tent that national average yield infor m a- tion for a designated oilseed or pulse crop is not available , the S ecretary shall use such information as the Secretary determines to be fair and e q uitable to establish a national average yield under this section. ( 3 ) US EOF P ARTIAL C O U NTY AVERAGE YIELD.— I f the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years w as less than 7 5 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). ( 4 )NO H ISTORIC YIELD DATA AVAILABLE.—In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)( A )(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary. SEC.1 1 03 . AV A IL A B ILI TYOFD I R ECT P AY M E N TS. (a) P AYMENT R E Q UIRED.— F or each of the 2008 through 2012 crop years of each covered commodity (other than pulse crops), the Secretary shall ma k e direct payments to producers on farms for which base acres and payment yields are established. (b) PAYMENT RATE.— E xcept as provided in section 1105, the payment rates used to make direct payments with respect to covered commodities for a crop year shall be as follows
(1) W heat, $ 0.52 per bushel. (2) C orn, $0.28 per bushel. (3) G rain sorghum, $0.35 per bushel. (4) Barley, $0.24 per bushel. (5) O ats, $0.024 per bushel. ( 6 ) Upland cotton, $0.0667 per pound. (7) L ong grain rice, $2.35 per hundredweight. (8) M edium grain rice, $2.35 per hundredweight. (9) Soybeans, $0.44 per bushel. (10) Other oilseeds, $0.80 per hundredweight. (c) PAYMENT AMOUNT.—The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres of the covered commodity on the farm. (3) The payment yield for the covered commodity for the farm. (d) TIME FOR PAYMENT.— (1) IN GENERAL.—Except as provided in paragraph (2), in the case of each of the 2008 through 2012 crop years, the Secretary may not make direct payments before October 1 of the calendar year in which the crop of the covered commodity is harvested. (2) ADVANCE PAYMENTS.— 7USC8 7 13.
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