Page:United States Statutes at Large Volume 116 Part 1.djvu/170

 116 STAT. 144 PUBLIC LAW 107-171—MAY 13, 2002 farm, as established under section 1101, on which direct pay- ments and counter-cyclical payments are made. (11) PAYMENT YIELD.— (A) IN GENERAL. —The term "payment yield" means the yield established under section 1102 for a farm for a covered commodity. (B) UPDATED PAYMENT YIELD.— The term "updated pay- ment yield" means the pa3anent yield elected by the owner of a farm under section 1102(e) to be used in calculating the counter-cyclical payments for the farm. (12) PRODUCER. — The term "producer" means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract and shall ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title. (13) SECRETARY. —The term "Secretary" means the Secretary of Agriculture. (14) STATE.— The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (15) TARGET PRICE.— The term "target price" means the price per bushel (or other appropriate unit in the case of upland cotton, rice, and other oilseeds) of a covered commodity used to determine the payment rate for counter-cyclical pa3nnents. (16) UNITED STATES.— The term "United States", when used in a geographical sense, means all of the States. Subtitle A—Direct Payments and Counter- Cyclical Payments 7 USC 7911. SEC. 1101. ESTABLISHMENT OF BASE ACRES AND PAYMENT ACRES FOR A FARM. (a) ELECTION BY OWNER OF BASE ACRES CALCULATION METHOD.— (1) ALTERNATIVE CALCULATION METHODS.—For the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the base acres of all covered commodities on the farm are to be determined: (A) Subject to paragraphs (3) and (4), the 4-year average of the following: (i) Acreage planted on the farm to covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years. (ii) Any acreage on the farm that the producers were prevented from planting during the 1998 through 2001 crop years to covered commodities because of

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