Page:United States Statutes at Large Volume 104 Part 5.djvu/174

 104 STAT. 3496 PUBLIC LAW 101-624—NOV. 28, 1990 "(A) historical yields, as adjusted by the Secretary to correct for abnormal factors affecting the yields in the historical period; or "(B) the Secretary's estimate of actual jdelds for the crop year involved if historical jdeld data is not available. "(5) BALANCING YIELDS. —I f national, State, or county program payment yields are established, the farm progrgmi pay- ment jdelds shall balance to the national. State, or county program payment yields. "(c) DETERMINATION OF YIELDS. — "(1) ACTUAL YIELDS. —With respect to the 1991 and subsequent crop years, the Secretary may— "(A) establish the farm program pa5niient yield as provided in subsection (a); or "(B) establish a farm program payment jdeld for any program crop for any farm on the basis of the average of the yield per harvested acre for the crop for the farm for each of the 5 crop years immediately preceding the crop year, excluding the crop year with the highest yield per harvested acre, the crop year with the lowest yield per harvested acre, and any crop year in which such crop was not planted on the farm. "(2) PRIOR YIELDS. —For purposes of the preceding sentence, the farm program payment yield for the 1986 crop year and the actual yield per harvested acre with respect to the 1987 and subsequent crop years shall be used in determining farm program payment yields. "(3) REDUCTION LIMITATION.— Notwithstanding any other provision of this paragraph, for purposes of establishing a farm program payment yield for any program crop for any farm for the 1991 and subsequent crop years, the farm program payment yield for the 1986 crop year may not be reduced more than 10 percent below the farm program payment yield for the farm for the 1985 crop year. "(4) ADJUSTMENT OF YIELDS.— The county committee, in accordance with regulations prescribed by the Secretary, may adjust any farm program payment yield for any program crop for any farm if the farm program payment jdeld for the crop on the farm does not accurately reflect the productive potential of the farm. "(d) ASSIGNMENT OF YIELDS.—In the case of any farm for which the actual yield per harvested acre for any program crop referred to in subsection (c) for any crop year is not available, the county committee may assign the farm a yield for the crop for the crop year on the basis of actual yields for the crop for the crop year on similar farms in the area. "(e) ACTUAL YIELD DATA.— "(1) PROVISION.— The Secretary shall, under such terms and conditions as the Secretary may prescribe, allow producers to provide to county committees data with respect to the actual yield for each farm for each program crop. "(2) MAINTENANCE.—The Secretary shall maintain the data for at least 5 crop years after receipt in a manner that will permit the data to be used, if necessary, in the administration of the commodity programs. "(3) NOTIFICATION. —The Secretary shall provide timely notification to producers of the provisions of this subsection.

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