Page:United States Statutes at Large Volume 122.djvu/983

 12 2 STA T .960PUBLIC LA W 110 – 2 34—M A Y 22, 200 8(i)thequan tit yof the gr a z e d a c reage on the far mw ith re sp ect to which the producer e l ects to forgo har -v esting of wheat ,b arley, 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 S ec- retary in a manner consistent with section 1 1 02 of the F arm Security and R ural I nvestment Act of 2002 ( 7U. S. C .7 9 12). (2) GRAZINGOFT RITI C A LE ACREAGE. —T he 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 120 5 (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) TI M E, M ANNER, AN D A V AILA B ILIT Y OF P AYMENT.— (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 with the availability period for the commodity established by the Secretary for mar k eting assistance loans authorized by this subtitle. (d) PRO H IBITION ON CRO P INS U RANCE INDEMNITY OR N ON- INSURED CROP ASSISTANCE.—A 200 8 through 2012 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 19 6 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7 3 33). SEC.1207 . S P EC IALM A RK E T I NG L O AN PRO V ISIONS F OR U PLAN D COTTON. (a) SPECIAL IMPORT Q UOTA.— 7USC8 7 3 7.

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