12 2 STA T . 1 6 6 9PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 SEC.1 1 02 . PAYM E NT Y I E LD S. (a)ESTABLI S HMEN TAN DPURPO SE .—Forthepu rpo s eo fm a kingd ire c tpa y ments and counter - cyc l ical payments under this su b title , the S ecretary shall pro v ide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for w hich a payment yield was not established under section 1 1 02 of the Farm Security and R ural I nvestment A ctof2002( 7U .S. C . 7 9 12) in accordance with this section. (b) PA Y MENT Y IELDS F OR D ESI G NATED O ILSEEDS AND ELIGIBLE PULSE CROPS.— (1) DETERMINATION OF A V ERAGE YIELD.—In the case of des- ignated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 199 8 through 2001 crop years, e x cluding any crop year in which the acreage planted to the designated oilseed or pulse crop was z ero. (2) AD J USTMENT FOR PAYMENT YIELD.— (A) IN GENERAL.— T he payment yield for a farm for a designated oilseed or eligible pulse crop shall be e q ual to the product of the following
(i) The average yield for the designated oilseed or pulse crop determined under paragraph (1). (ii) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 198 5 crops by the national aver- age yield for the designated oilseed or pulse crop for the 1998 through 2001 crops. ( B ) N O NATIONAL AVERAGE YIELD INFORMATION AVAIL- ABLE.—To the extent that national average yield informa- tion for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section. ( 3 ) USE OF PARTIAL C OUNTY AVERAGE YIELD.—If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under paragraph (1). ( 4 ) NO HISTORIC YIELD DATA AVAILABLE.—In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under paragraph (2)(A)(ii) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary. SEC. 110 3 .A V AILA B ILITY OF DI R ECT PAYMENTS. (a) PAYMENT RE Q UIRED.—For each of the 2008 through 2012 crop years of each covered commodity (other than pulse crops), the Secretary shall make direct payments to producers on farms for which base acres and payment yields are established. (b) PAYMENT RATE.—Except as provided in section 1105, the payment rates used to make direct payments with respect to covered commodities for a crop year shall be as follows: (1) W heat, $ 0.52 per bushel. 7USC8 7 13. 7 USC 871 2 .
�
