Page:United States Statutes at Large Volume 122.djvu/1699

 12 2 STA T . 1 67 6 PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 peanutsi na S tate d ete rm ined under para g rap h(2); and (ii) the ACRE pr o gram guarantee pri c e f or the crop y ear for the co v ered commodity or peanuts deter - mined under paragraph ( 3 ) . ( B ) MIN I MU M A N D MA X IMUM G UA R AN TE E. —I n the case ofeachofthe2 01 0 through 2012 crop years , the ACRE program guarantee for a crop year for a covered commodity or peanuts under su b paragraph (A) sha l l not decrease or increase more than 10 percent from the guarantee for the preceding crop year. (2) BEN CH MAR KS TATE Y IE L D.— (A) IN GENERAL.— F or purposes of paragraph (1)(A)(i), sub j ect to subparagraph (B), the benchmar k State yield for each planted acre for a crop year for a covered com- modity or peanuts in a State shall e q ual the average yield per planted acre for the covered commodity or peanuts in the State for the most recent 5 crop year yields, e x cluding each of the crop years w ith the highest and lowest yields, using N ational Agricultural Statistics Service data. (B) ASSIGNED YIELD.—If the Secretary cannot establish the benchmark State yield for each planted acre for a crop year for a covered commodity or peanuts in a State in accordance with subparagraph (A) or if the yield deter- mined under subparagraph (A) is an unrepresentative aver- age yield for the State (as determined by the Secretary), the Secretary shall assign a benchmark State yield for each planted acre for the crop year for the covered com- modity or peanuts in the State on the basis of— (i) previous average yields for a period of 5 crop years, excluding each of the crop years with the highest and lowest yields; or (ii) benchmark State yields for planted acres for the crop year for the covered commodity or peanuts in similar States. (3) ACRE P R O GRAM GUARANTEE PRICE.—For purposes of paragraph (1)(A)(ii), the ACRE program guarantee price for a crop year for a covered commodity or peanuts in a State shall be the simple average of the national average market price received by producers of the covered commodity or peanuts for the most recent 2 crop years, as determined by the Sec- retary. ( 4 ) STATES W ITH IRRIGATED AND NONIRRIGATED LAND.—In the case of a State in which at least 25 percent of the acreage planted to a covered commodity or peanuts in the State is irrigated and at least 25 percent of the acreage planted to the covered commodity or peanuts in the State is not irrigated, the Secretary shall calculate a separate ACRE program guar- antee for the irrigated and nonirrigated areas of the State for the covered commodity or peanuts. (e) ACTUAL FARM RE V ENUE.—For purposes of subsection (b)(2)(B)(i), the amount of the actual farm revenue for a crop year for a covered commodity or peanuts shall equal the amount deter- mined by multiplying— (1) the actual yield for the covered commodity or peanuts of the producers on the farm; and

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