Page:United States Statutes at Large Volume 108 Part 4.djvu/558

 108 STAT. 3192 PUBLIC LAW 103-354—OCT. 13, 1994 Regulations. and production of the crops for which the insurance is sought or accept a yield determined by the Corporation; and "(B) report acreage planted and prevented fix)m planting by the designated acreage reporting date for the crop and location as established by the Corporation. "(g) YIELD IDETERMINATIONS. — "(1) IN GENERAL.— Subject to paragraph (2), the Corporation shall establish crop insurance underwriting rules that ensure that yield coverage, as specified in this subsection, is provided to eligible producers obtaining catastrophic risk protection under subsection (b) or additional coverage under subsection (0. "(2) YIELD COVERAGE PLANS.— " (A) ACTUAL PRODUCTION HISTORY.— Subject to subparagraph (B), the yield for a crop shall be based on the actual production history for the crop, if the crop was produced on the farm without penalty during each of the 4 crop years immediately preceding the crop year for which actual production history is being established, building up to a production data base for each of the 10 consecutive crop years preceding the crop year for which actual production history is being established. "(B) ASSIGNED YIELD.—If the producer does not provide satisfactory evidence of the yield of a commodity under subparagraph (A), the producer shall be assigned a yield that is not less than 65 percent of the transitional yield of the producer (a(^justed to reflect actual production reflected in the records acceptable to the Corporation for continuous j^ears), as specified in relations issued by the Corporation based on production history requirements. "(C) AREA YIELD.— The Corporation may offer a crop insurance plan based on an area yield that allows an insured producer to qualify for an indemnity if a loss has occurred in an area (as specified by the Corporation) in which the farm of the producer is located. Under an area yield plan, an insured producer shall be allowed to select the level of area production at which an. indemnity will be paid consistent with such terms and conditions as are established by the Corporation. "(D) COMMODITY-BY-COMMODITY BASIS. —A producer may choose between individual jdeld or area yield coverage or combined coverage (as provided in subsection (e)(4)), if available, on a commodity-by-commodity basis. "(3) TRANSITIONAL YIELDS FOR PRODUCERS OF FEED OR FORAGE. — "(A) IN GENERAL. — If a producer does not provide satisfactory evidence of a yield under paragraph (2)(A), the producer shall be cussigned a yield that is at least 80 percent of the transitional yield established by the Corporation (adjusted to reflect me actual production history of the producer) if the Secretary determines that— "(i) the producer grows feed or forage primarily for on-farm use in a Hvestock, dairy, or poultry operation; and "(ii) over 50 percent of the net farm income of the producer is derived fix)m the operation.

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