Page:United States Statutes at Large Volume 91.djvu/965

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 931

any crop year for the purpose of determining the allocation factor under paragraph (2) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall proclaim such revised national program acreage as soon as it is made. The national program acreage for feed grains shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary Adjustment determines that the carryover stocks of feed grains are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage by the amount the Secretary determines will accomplish the desired increase or decrease in carryover stocks. " (2) The Secretary shall determine a program allocation factor for Program each crop of feed grains. The allocation factor for feed grains shall be allocation factor. determined by dividing the national program acreage for the crop by the number of acres which the Secretary estimates will be harvested for such crop: Provided, That in no event shall the allocation factor for any crop of feed grains be more than 100 per centum nor less than 80 per centum. "(3) The individual farm program acreage for each crop of feed grains shall be determined by multiplying the allocation factor by the acreage of feed grains planted for harvest on the farms for which individual farm program acreages are required to be determined: Provided, That the feed grain acreage eligible for payments shall not be further reduced by application of the allocation factor if the producers reduce the acreage of feed grains planted for harvest on the farm from the previous year by at least the percentage recommended by the Secretary in the proclamation of the national program acreage made not later than November 15 prior to the year in which the crop is harvested. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of feed grains planted for harvest is less than for the preceding year, but the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor for feed grains, the Sec- Adjustment. retary is authorized to make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the forejToing provisions of this paragraph. "(e) The farm program payment yield for each crop of feed grains Payment yield shall be the yield established for the farm for the previous crop year, adjusted by the Secretary to provide a fair and equitable yield. If no payment yield for feed grains was established for the farm in the previous crop year, the Secretary is authorized to determine such yield as the Secretary finds fair and reasonable. Notwithstanding the foregoing provisions of this subsection, in the determination of vields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this subsection. If the Secretary determines it necessary, the Secretary may establish national. State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such vields in the historical period, or, if such data are not available, on the Secretary's estimate of actual yields for the crop year involved. In the event national. State, or county program payment yields are established, the

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