12 2 STA T . 1 39 2 PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (2)to t hemaxi m u m exte n t pr a c tica bl e , be allo w e d tou s e both in f ormal a g enc y re v iew and mediation to resolve disputes under that title .’ ’. SEC.1203 3.S UP P L E M E NTA LA GRI CULTURAL D ISASTER ASSISTANCE. (a) INGE NE RAL . —T he F ederal C rop Insurance A ct( 7U . S .C. 150 1etse q .) is amended by adding at the end the following
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‘ Subti t leB— Su p ple m e n t a l Agr i c ultural D i s aster Assistance ‘ ‘SEC. 5 31. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE. ‘‘(a) D E FI NI T I O N S .—In this section: ‘‘(1) A C T U AL P RO D UCTION H ISTOR Y YIELD.—The term ‘actual production history yield’ means the weighted average of the actual production history for each insurable commodity or non - insurable commodity, as calculated under subtitle A or the noninsured crop disaster assistance program, respectively. ‘‘(2) AD J USTED ACTUAL PRODUCTION HISTORY YIELD.—The term ‘ad j usted actual production history yield’ means— ‘‘(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 50 8 (g)(4)( B ), the actual production his- tory for the eligible producer without regard to any yields established under that section
‘‘(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B), the actual production history for the eligible producer as cal- culated without including the lowest of the yields estab- lished pursuant to section 508(g)(4)(B); and ‘‘(C) in all other cases, the actual production history of the eligible producer on a farm. ‘‘( 3 ) ADJUSTED NONINSURED CROP DISASTER ASSISTANCE PRO- G RA M YIELD.—The term ‘adjusted noninsured crop disaster assistance program yield’ means— ‘‘(A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield without regard to any replacement yields; ‘‘(B) in the case of an eligible producer on a farm that less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield as calculated without including the lowest of the replacement yields; and ‘‘(C) in all other cases, the production history of the eligible producer on the farm under the noninsured crop disaster assistance program. ‘‘(4) COUNTER-CYCLICAL PROGRAM PAYMENT YIELD.—The term ‘counter-cyclical program payment yield’ means the weighted average payment yield established under section 1102 of the Farm Security and R ural Investment Act of 2002 (7 7USC153 1 .
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