Page:United States Statutes at Large Volume 122.djvu/2274

 12 2 STA T . 22 5 1 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (i ii )the t o t al a m o un to f an yc ounte r- cyclical p ay- ment s ma d e to the producer under sections 1 1 04 and 1 3 04 of the F ood ,C onser v ation, and E ner g y A ct of 2 00 8 or successor sections or of any average crop rev- enue election payments made to the producer under section 110 5 of that Act ‘‘(iv) the total amount of any loan deficiency pay- ments, mar k eting loan gains, and marketing certificate gains made to the producer under su b titles 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 S ecretary shall ad j ust 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 e x cess 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— ‘‘(A) the product obtained by multiplying— ‘‘(i) the greatest of— ‘‘( I ) the adjusted actual production history yield of the eligible producer on a farm; and ‘‘(II) the counter-cyclical program payment yield; ‘‘(ii) the acreage planted or prevented from being planted for each crop; and ‘‘(iii) 100 percent of the insurance price guarantee; and ‘‘(B) the product obtained by multiplying—

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