Page:United States Statutes at Large Volume 122.djvu/2181

 12 2 STA T . 21 58PUBLIC LA W 11 0– 2 46—J U NE 18, 2008 ‘ ‘ (I)theac t u a l c rop acrea g e har v e s te dby a n el i gible producer on a f ar m; ‘‘(II) the estimated actual yield of the crop production; and ‘‘(III) sub j ect to subparagraphs ( B )and( C ) , tothee x tent practicable, the national average mar k et price received for the marketing year, as determined by the S ecretary; ‘‘(ii) 15 percent of amount of any direct payments made to the producer under sections 11 03 and 1303 of the F ood, Conservation, and E nergy A ct of 2 00 8 or successor sections; ‘‘(iii) the total amount of any counter - cyclical pay- ments made to the producer under sections 110 4 and 1304 of the Food, Conservation, and Energy Act of 2008 or successor sections or of any average crop rev- enue election payments made to the producer under section 1105 of that Act; ‘‘(iv) the total amount of any loan deficiency pay- ments, marketing loan gains, and marketing certificate gains made to the producer under subtitles B and C of the Food, Conservation, and Energy Act of 2008 or successor subtitles; ‘‘(v) the amount of payments for prevented planting on a farm; ‘‘(vi) the amount of crop insurance indemnities received by an eligible producer on a farm for each crop on a farm; ‘‘(vii) the amount of payments an eligible producer on a farm received under the noninsured crop assist- ance program for each crop on a farm; and ‘‘(viii) the value of any other natural disaster assistance payments provided by the Federal G overn- ment to an eligible producer on a farm for each crop on a farm for the same loss for w hich the eligible producer is seeking assistance . ‘‘(B) A DJUSTMEN T. —T he Secretary shall adjust the average market price received by the eligible producer on a farm— ‘‘(i) to reflect the average q uality discounts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as determined annually by the State office of the Farm Service Agency; and ‘‘(ii) to account for a crop the value of which is reduced due to excess moisture resulting from a dis- aster-related condition. ‘‘(C) MAXI MUM AM O UNT F O RC ERTAIN CRO P S.— W ith respect to a crop for which an eligible producer on a farm receives assistance under the noninsured crop assistance program, the national average market price received during the marketing year shall be an amount not more than 100 percent of the price of the crop established under the noninsured crop assistance program. ‘‘(5) EXPECTED RE V ENUE.—The expected revenue for each crop on a farm shall equal the sum obtained by adding—

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