110 STAT. 948 PUBLIC LAW 104-127—APR. 4, 1996 (2) PREVENTED PLANTING.— Subject to paragraph (1), the Secretary shall make a prevented planting noninsured crop disaster assistance payment if the producer is prevented from planting more than 35 percent of the acreage intended for the eligible crop because of drought, flood, or other natural disaster, as determined by the Secretary. (3) REDUCED YIELDS.— Subject to paragraph (1), the Secretary shall make a reduced yield noninsured crop disaster assistance payment to a producer if the total quantity of the eligible crop that the producer is able to harvest on any farm is, because of drought, flood, or other natural disaster as determined by the Secretary, less than 50 percent of the expected individual yield for the crop, as determined by the Secretary, factored for the interest of the producer for the crop. (d) PAYMENT.— The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment computed by multiplying— (1) the quantity that is less than 50 percent of the established yield for the crop; by (2)(A) in the case of each of the 1996 through 1998 crop years, 60 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); or (B) in the case of each of the 1999 and subsequent crop years, 55 percent of the average market price for the crop (or any comparable coverage determined by the Secretary); by (3) a payment rate for the type of crop (as determined by the Secretary) that— (A) in the case of a crop that is produced with a significant and variable harvesting expense, reflects the decreasing cost incurred in the production cycle for the crop that is— (i) harvested; (ii) planted but not harvested; and (iii) prevented from being planted because of drought, flood, or other natural disaster (as determined by the Secretary); and (B) in the case of a crop that is not produced with a significant and variable harvesting expense, as determined by the Secretary. (e) YIELD DETERMINATIONS.— (1) ESTABLISHMENT. —The Secretary shall establish farm yields for purposes of providing noninsured crop disaster assistance under this section. (2) ACTUAL PRODUCTION HISTORY.— The Secretary shall determine yield coverage using the actual production history of the producer over a period of not less than the 4 previous consecutive crop years and not more than 10 consecutive crop years. Subject to paragraph (3), the yield for the year in which noninsured crop disaster assistance is sought shall be equal to the average of the actual production history of the producer during the period considered. (3) ASSIGNMENT OF YIELD.—I f a producer does not submit adequate documentation of production history to determine a crop yield under paragraph (2), the Secretary shall assign to the producer a yield equal to not less than 65 percent of
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