Page:United States Statutes at Large Volume 116 Part 1.djvu/173

 PUBLIC LAW 107-171 —MAY 13, 2002 116 STAT. 147 (A) Any base acres for peanuts for the farm under subtitle C. (B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985(16 U.S.C.3830 et seq.). (C) Any other acreage on the farm enrolled in a conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (3) SELECTION OF ACRES. — The Secretary shall give the owner of the farm the opportunity to select the base acres or the base acres for peanuts for the farm under subtitle C against which the reduction required by paragraph (1) will be made. (4) EXCEPTION FOR DOUBLE-CROPPED ACREAGE.— In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. (5) COORDINATED APPLICATION OF REQUIREMENTS.—The Secretary shall take into account section 1302(f) when applying the requirements of this subsection. (h) PERMANENT REDUCTION IN BASE ACRES. — The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm. The reduction shall be permanent and made in the manner prescribed by the Secretary. SEC. 1102. ESTABLISHMENT OF PAYMENT YIELD. (a) ESTABLISHMENT AND PURPOSE. — For the purpose of making direct payments and counter-cyclical payments under this subtitle, the Secretary shall provide for the establishment of a payment yield for each farm for each covered commodity in accordance with this section. (b) USE OF FARM PROGRAM PAYMENT YIELD. —Except as otherwise provided in this section, the payment yield for each of the 2002 through 2007 crops of a covered commodity for a farm shall be the farm program payment yield established for the 1995 crop of the covered commodity under section 505 of the Agricultural Act of 1949 (7 U.S.C. 1465), as adjusted by the Secretary to account for any additional yield payments made with respect to that crop under section 505(b)(2) of that Act. (c) FARMS WITHOUT FARM PROGRAM PAYMENT YIELD.— In the case of a farm for which a farm program payment yield is unavailable for a covered commodity (other than soybeans or other oilseeds), the Secretary shall establish an appropriate payment yield for the covered commodity on the farm taking into consideration the farm program payment yields applicable to the commodity under subsection (b) for similar farms, but before the yields for the similar farms are updated as provided in subsection (e). (d) PAYMENT YIELDS FOR OILSEEDS.— (1) DETERMINATION OF AVERAGE YIELD.— In the case of soy- beans and each other oilseed, the Secretary shall determine the average yield per planted acre for the oilseed on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the oilseed was zero. (2) ADJUSTMENT FOR PAYMENT YIELD. —The payment yield for a farm for an oilseed shall be equal to the product of the following:

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