Page:United States Statutes at Large Volume 116 Part 1.djvu/174

 116 STAT. 148 PUBLIC LAW 107-171—MAY 13, 2002 (A) The average yield for the oilseed determined under paragraph (1). (B) The ratio resulting from dividing the national average yield for the oilseed for the 1981 through 1985 crops by the national average yield for the oilseed for the 1998 through 2001 crops. (3) USE OF PARTIAL COUNTY AVERAGE YIELD.— If the yield per planted acre for a crop of an oilseed for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that oilseed, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). (e) OPPORTUNITY TO PARTIALLY UPDATE YIELDS USED TO DETER- MINE COUNTER-CYCLICAL PAYMENTS.— (1) ELECTION TO UPDATE.—I f the owner of a farm elects to use the base acres calculation method described in section 1101(a)(1)(A), the owner shall also have a 1-time opportunity to elect to use 1 of the methods described in paragraph (3) to partially update the payment yields that would otherwise be used in calculating any counter-cyclical pa3niients for covered commodities on the farm. (2) TIME FOR ELECTION. —The election under paragraph (1) shall be made at the same time and in the same manner as the Secretary prescribes for the election required under section 1101. (3) METHODS OF UPDATING YIELDS.—I f the owner of a farm elects to update yields under this subsection, the payment yield for a covered commodity on the farm, for the purpose of calculating counter-cyclical payments only, shall be equal to the yield determined using either of the following: (A) The sum of the following: (i) The payment yield applicable for direct pay- ments for the covered commodity on the farm. (ii) 70 percent of the difference between— (I) the average yield per planted acre for the crop of the covered commodity on the farm for the 1998 through 2001 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the crop of the covered commodity was zero; and (II) the payment yield applicable for direct payments for the covered commodity on the farm. (B) 93.5 percent of the average of the yield per planted acre for the crop of the covered commodity on the farm for the 1998 through 2001 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the crop of the covered commodity was zero. (4) USE OF PARTIAL COUNTY AVERAGE YIELD.—I f the yield per planted acre for a crop of the covered commodity for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average yield under paragraph (3). (5) APPLICATION OF ELECTION AND METHOD TO ALL COVERED COMMODITIES.—The owner of a farm may not elect the method

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