Page:United States Statutes at Large Volume 122.djvu/1711

 12 2 STA T . 1 68 8 PUBLIC LA W 11 0– 2 4 6 —J U NE 18, 2008 anyother har v e s t i n g o f the w heat ,b ar l ey, or oats on that a c reage .(2)GRAZINGOFT RITI C A LE ACREAGE. —E ffective for the 2 0 0 8 thro u gh 20 1 2 cro p years, with respect to a pro d ucer on a far m that uses acreage planted to triticale for the gra z ing of livestoc k , the S ecretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) P A YM ENT A MO U NT.— (1) I N GENERAL.— T he amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be e q ual to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 120 5 (c) in effect, as of the date of the agreement, for the county in which the farm is located by ( B ) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo har - vesting of wheat, barley, or oats; and (ii) the payment yield in effect for the calculation of direct payments under subtitle A with respect to that loan commodity on the farm or, in the case of a farm without a payment yield for that loan com- modity, an appropriate yield established by the Sec- retary in a manner consistent with section 1102 of the F arm Security and R ural Investment Act of 2002 ( 7U .S. C .7 9 12). (2) GRAZING OF TRITICALE ACREAGE.—The amount of a pay- ment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo har- vesting of triticale; and (ii) the payment yield in effect for the calculation of direct payments under subtitle A with respect to wheat on the farm or, in the case of a farm without a payment yield for wheat, an appropriate yield estab- lished by the Secretary in a manner consistent with section 1102 of the Farm Security and Rural Invest- ment Act of 2002 (7 U.S.C. 7912). (c) TIME, M ANNER, AN D A V AILA B ILITY OF PAYMENT.— (1) TIME AND MANNER.—A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) AVAILABILITY.— (A) IN GENERAL.—The Secretary shall establish an availability period for the payments authorized by this section. (B) CERTAIN COMMODITIE S .—In the case of wheat, barley, and oats, the availability period shall be consistent

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