Page:United States Statutes at Large Volume 122.djvu/970

 12 2 STA T .947PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 200 8(A)theac t u a lS tate yi el dfor each p la n ted acre for the crop year for the co v ered co m modity or peanut s deter - mined under para g raph ( 2 ) and ( B ) the national average mar k et price for the crop year for the covered commodity or peanuts determined under paragraph ( 3 ) . (2) A CTUALS TAT EYI EL D . —F or purposes of paragraph ( 1 )(A) , the actual State yield for each planted acre for a crop year for a covered commodity or peanuts in a State shall e q ual (as determined b y the Secretary)— (A) the quantity of the covered commodity or peanuts that is produced in the State during the crop year; divided by (B) the number of acres that are planted to the covered commodity or peanuts in the State during the crop year. (3) N ATI ON ALA V E R A G E M AR K ET P RICE.—For purposes of paragraph (1)(B), the national average market price for a crop year for a covered commodity or peanuts in a State shall equal the greater of— (A) the national average market price received by pro- ducers during the 12-month marketing year for the covered commodity or peanuts, as determined by the Secretary; or (B) the marketing assistance loan rate for the covered commodity or peanuts under section 12 0 2or130 7 ,as reduced under subsection (a)(1). (d) A CREP ROGRAM G UARANTEE.— (1) AMOUNT.— (A) I N GENERAL.—For purposes of subsection (b)(2)(A) and sub j ect to subparagraph (B), the ACRE program guar- antee for a crop year for a covered commodity or peanuts in a State shall equal 9 0 percent of the product obtained by multiplying— (i) the benchmark State yield for each planted acre for the crop year for the covered commodity or peanuts in a State determined under paragraph (2); and (ii) the ACRE program guarantee price for the crop year for the covered commodity or peanuts deter- mined under paragraph (3). (B) M INIMUM AND MA X IMUM GUARANTEE.—In the case of each of the 2010 through 2012 crop years, the ACRE program guarantee for a crop year for a covered commodity or peanuts under subparagraph (A) shall not decrease or increase more than 10 percent from the guarantee for the preceding crop year. (2) BENC H MARK STATE YIELD.— (A) IN GENERAL.—For purposes of paragraph (1)(A)(i), subject to subparagraph (B), the benchmark State yield for each planted acre for a crop year for a covered com- modity or peanuts in a State shall equal 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 National Agricultural Statistics Service data. (B) ASSIGNED YIELD.—If the Secretary cannot establish the benchmark State yield for each planted acre for a

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