Page:United States Statutes at Large Volume 114 Part 1.djvu/406

 114 STAT. 370 PUBLIC LAW 106-224 -JUNE 20, 2000 "(A) No SECOND CROP PLANTED.— The producer may— "(i) elect to not plant a second crop on the same acreage for harvest in the same crop year; and "(ii) subject to paragraph (4), collect an indemnity payment that is equal to 100 percent of the prevented planting guarantee for the acreage for the first crop. "(B) SECOND CROP PLANTED.— The producer may— "(i) plant a second crop on the SEime acreage for harvest in the same crop year; and "(ii) subject to paragraphs (4) and (5), collect an indemnity payment established by the Corporation for the first crop, but not to exceed 35 percent of the prevented planting guarantee for the acreage for the first crop. " (2) PREMIUM FOR FIRST CROP IF SECOND PLANTED.—If the producer makes an election under paragraph (1)(B), the producer shall pay a premium for the first crop that is commensurate with the indemnity paid under paragraph (l)(B)(ii). The Corporation shall adjust the total premium for the first crop to reflect the reduced indemnity. " (3) EFFECT ON ACTUAL PRODUCTION HISTORY.— Except in the case of double cropping described in subsection (d), if a producer make an election under paragraph (1)(B) for a crop year, the Corporation shall assign the producer a recorded yield for that crop year for the first crop equal to 60 percent of the producer's actual production history for the agricultural commodity involved, for purposes of determining the producer's actual production history for subsequent crop years. "(4) AREA CONDITIONS REQUIRED FOR PAYMENT.— The Corporation shall limit prevented plsuiting payments for producers to those situations in which other producers, in the area where a first crop is prevented from being planted is located, are also generally affected by the conditions that prevented the first crop from being planted. "(5) PLANTING DATE.—I f a producer plants the second crop before the latest planting date established by the Corporation for the first crop, the Corporation shall not make a prevented planting pa5anent with regard to the first crop. " (d) EXCEPTION FOR ESTABLISHED DOUBLE CROPPING PRAC- TICES. —^A producer may receive full indemnity pa5maents on two or more crops planted for harvest in the same crop year and insured under this title if each of the following conditions are met: "(1) There is an established practice of planting two or more crops for harvest in the same crop year in the area, as determined by the Corporation. "(2) An additional coverage policy or plan of insurgmce is offered with respect to the agricultural commodities planted on the same acreage for harvest in the same crop yeEU" in the area. "(3) The producer has a history of planting two or more crops for harvest in the same crop year or the applicable acreage has historically had two or more crops planted for harvest in the S£une crop year. "(4) The second or more crops are customarily planted after the first crop for harvest on the same acreage in the same year in the area.

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