Page:United States Statutes at Large Volume 122.djvu/1508

 12 2 STA T . 1 485PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 2008 ‘ ‘ (1)ACTUALPROD UCT I O NH I S TOR Y YI E LD .—Thet e rm ‘ ac t u a lp r od uct i o n hi s tor y yield ’ means the w ei g hted a v erage o f the actual production history for each insura b le commodity or non - insurable commodity , as calculated under the F ederal C rop I nsurance Act ( 7U . S .C. 1 50 1etse q .) or the noninsured crop disaster assistance program, respectively. ‘‘( 2 )AD J USTED ACTUAL PRODUCTION HISTORY YIELD.—The term ‘ad j usted actual production history yield’ means— ‘‘(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 50 8 (g)(4)( B ) of the Federal Crop Insur- ance Act (7 U.S.C. 1508(g)(4)(B)), the actual production history for the eligible producer without regard to any yields established under that section ‘‘(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act, the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of that Act; and ‘‘(C) in all other cases, the actual production history of the eligible producer on a farm. ‘‘( 3 ) ADJUSTED NONINSURED CROP DISASTER ASSISTANCE PRO- G RA M YIELD.—The term ‘adjusted noninsured crop disaster assistance program yield’ means— ‘‘(A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield without regard to any replacement yields; ‘‘(B) in the case of an eligible producer on a farm that less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield as calculated without including the lowest of the replacement yields; and ‘‘(C) in all other cases, the production history of the eligible producer on the farm under the noninsured crop disaster assistance program. ‘‘(4) COUNTER-CYCLICAL PROGRAM PAYMENT YIELD.—The term ‘counter-cyclical program payment yield’ means the weighted average payment yield established under section 1102 of the Farm Security and R ural Investment Act of 2002 (7 U.S.C. 7 9 12), section 1102 of the Food, Conservation, and E nergy Act of 2008, or a successor section. ‘‘(5) D ISASTER COUNTY.— ‘‘(A) IN GENERAL.—The term ‘disaster county’ means a county included in the geographic area covered by a qualifying natural disaster declaration. ‘‘(B) INCLUSION.—The term ‘disaster county’ includes— ‘‘(i) a county contiguous to a county described in subparagraph (A); and ‘‘(ii) any farm in which, during a calendar year, the total loss of production of the farm relating to

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