Page:United States Statutes at Large Volume 122.djvu/1418

 12 2 STA T . 1 395PUBLIC LA W 11 0– 23 4—M A Y 22, 200 8‘ ‘ (i)foreach i nsu ra bl eco m mo d i ty on the farm ,1 1 5p ercent of the product obtained by multiplyin g— ‘‘( I ) a payment rate for the commodity that ise q ual to the price election for the commodity elected by the eligible producer ‘‘(II) the payment acres for the commodity that is equal to the number of acres planted, or pre -v ented from being planted, to the commodity; ‘‘(III) the payment yield for the commodity that is equal to the percentage of the crop insur- ance yield elected by the producer of the higher of— ‘‘(aa) the ad j usted actual production his- tory yield; or ‘‘(bb) the counter-cyclical program pay- ment yield for each crop; and ‘‘(ii) for each noninsurable commodity on a farm, 1 20 percent of the product obtained by multiplying— ‘‘(I) a payment rate for the commodity that is equal to 100 percent of the noninsured crop assistance program established price for the com- modity; ‘‘(II) the payment acres for the commodity that is equal to the number of acres planted, or pre- vented from being planted, to the commodity; and ‘‘(III) the payment yield for the commodity that is equal to the higher of— ‘‘(aa) the adjusted noninsured crop assist- ance program yield guarantee; or ‘‘(bb) the counter-cyclical program pay- ment yield for each crop . ‘‘( B ) ADJUSTMEN T I NSU RA N C E G UARANTEE.— N ot w ith- standing subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of pre- vented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance pro- gram guarantee for the insurable commodity. ‘‘( C ) ADJUSTED ASSISTANCE L E V EL.—Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program provides for an adjustment in the level of assistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assistance program guarantee for the noninsurable commodity. ‘‘( D ) EQ UITA B LE TREATMENT FO R NON- Y IELD BASED P OLI- CIES.— T he S ecretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted G ross R evenue L ite insurance program. ‘‘( 4 ) F ARM REVENUE.— ‘‘(A) IN GENERAL.—For purposes of this subsection, the total farm revenue for a farm, shall equal the sum obtained by adding— ‘‘(i) the estimated actual value for each crop pro- duced on a farm by using the product obtained by multiplying—

�