Sec. 1106. Payment yields
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For the purpose of making adverse market payments under this subtitle, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ) in accordance with this section. In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero.
The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following: The average yield for the designated oilseed or pulse crop determined under subparagraph (A). The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops. To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section.
If 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 was less than 75 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 subparagraph (A). 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 subparagraph (B)(i)(II) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary.
For the purpose of making adverse market payments under this subtitle, the Secretary shall give a producer on a farm a 1-time opportunity to adjust the payment yield for base acres of rice on the farm that was established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ). As soon as practicable after the date of enactment of this Act, the Secretary shall provide notice of the election described in paragraph
(1)to producers on farms with rice base acres, including— the manner in which the election is to be transmitted to the Secretary; a deadline for transmission; and notification that the election is a 1-time opportunity. If the producer on a farm fails to notify the Secretary of an election by the deadline described in subparagraph (A), the producer shall be considered to have not elected to update the payment yields for base acres of rice on the farm. If the producer on a farm makes the election described in paragraph (2), the Secretary shall adjust the payment yields for the base acres of rice using an average yield described in subparagraph
(B)and adjustment described in subparagraph (C). Subject to subparagraph (D), the Secretary shall determine the average yield per planted acre for the rice on the farm for the 2009 through 2012 crop years, excluding any crop year in which the acreage planted to rice was zero. The Secretary shall adjust the payment yield for the base acres of rice on the farm that was established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ) in accordance with the following: In a case in which less than 50 percent of the rice base acres on the farm were planted to rice, on average, during the 2009 through 2012 crop years, the adjustment shall be equal to the sum obtained by adding to the payment yield— the product obtained by multiplying— the difference between the average yield and the payment yield; by the percent of rice planted on the base acres of rice on the farm, on average. In a case in which more than 50 percent of the rice base acres on the farm were planted to rice, on average, during the 2009 through 2012 crop years, the payment yield shall be equal to the product obtained by multiplying— the average yield; by 90 percent. If the yield per planted acre for a crop of rice for a farm for any of the 2009 through 2012 crop years was less than 75 percent of the county yield for that rice crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for purposes of determining the average under subparagraph (B). If the producer on a farm elects to adjust the peanut base acres for the farm pursuant to section 1105, the Secretary shall adjust the payment yields for the base acres of peanuts for purposes of making adverse market payments. Notwithstanding the payment yields established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ), the payment yield for the base acres of peanuts adjusted pursuant to section 1105 shall be the average yield per planted acre for such base acres for the 2009 through 2012 crop years, excluding any crop year in which the acreage planted to peanuts was zero. If the yield per planted acre for a crop of peanuts for a farm for any of the 2009 through 2012 crop years was less than 75 percent of the county yield for that peanut crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for purposes of determining the average under paragraph (2).
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