Page:United States Statutes at Large Volume 99 Part 2.djvu/353

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PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1463

acreage base for any program crop if the Secretary determines that— "(1) a short supply or other similar emergency situation exists with respect to the program crop; or "(2) market factors exist that require the suspension of the limitation to achieve the purposes of the p r c ^ a m. "SEC. 506. (a) The Secretary shall provide for the establishment of a farm program payment yield for each farm for each program crop for each crop year. "(b)(1) Except as provided in paragraph (2), the farm program payment yield for each of the 1986 and 1987 crop years shall hie the average of the farm program payment jrields for the farm for the 1981 through 1985 crop years, excluding the year in which such yield was the highest and the year in which such)deld was the lowest. "(2) If no crop of the commodity was produced on the farm or no farm program pa3mtient yield was established for the farm for any of the 1981 through 1985 crop years, the farm program payment yield shall be established on the basis of the average farm program payment jdeld for such crop years for similar farms in the area. (3) If the Secretary determines such action is necessary, the Secretary may establish national. State, or county program payment jdelds on the basis of— "(A) historical jdelds, as adjusted by the Secretary to correct for abnormal factors affecting such jdelds in the historical period; or "(B) the Secretary's estimate of actual jdelds for the crop year involved if historical yield data is not available. "(4) If national. State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment jdelds. "(c)(1) With respect to the 1988 and subsequent crop years, the Secretary may (A) establish the farm program payment jdeld as provided in subsection (b), or (B) establish a farm program payment yield for any program crop for any farm on the basis of the average of the yield per harvested acre for the crop for such farm for each of the five crop years immediately preceding such crop year, excluding the crop year with the highest yield per harvested acre, the crop year with the lowest yield per harvested acre, and any crop year in which such crop was not planted on the farm. For purposes of the preceding sentence, the farm program payment yield for the 1983 through 1986 crop years and the actual yield per harvested acre with respect to the 1987 and subsequent crop years shall be used in determining farm program payment jdelds. "(2) The county committee, in accordance with regulations prescribed by the Secretary, may adjust any program yield for any program crop for any farm if the program yield for the crop on the farm does not accurately reflect the productive potential of the farm because of the occurrence of a natural disaster or other similar condition beyond the control of the producer. "(d) In the case of any farm for which the actual yield per harvested acre for any program crop referred to in subsection (c)(D for any crop year is not available, the county committee may assign the farm a yield for the crop for such crop year on the basis of actual yields for the crop for such crop year on similar farms in the area. "SEC. 507. Effective for each of the 1986 and subsequent crop years, each county committee, in accordance with regulations pre-

51-194 O

QL. 3

Part 2

7 USC 1466.

Regulations.

Regulations. 7 USC 1467.

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