12 2 STA T .948PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 2008 cropyea r f oraco v ere d co m mod it yorpea nu t s ina S tate in accordance w it h su b para g raph (A) or if the yie l d deter - mined under subparagraph (A) is an unrepresentative aver- age yield for the State (as determined by the Secretary) , the Secretary shall assign a benchmar k State yield for each planted acre for the crop year for the covered com- modity or peanuts in the State on the basis of — (i) previous average yields for a period of 5 crop years, e x cluding each of the crop years with the highest and lowest yields
or (ii) benchmark State yields for planted acres for the crop year for the covered commodity or peanuts in similar States . ( 3 )A CREPROG R AM G U ARA NTE EPR IC E.— F or purposes of paragraph ( 1 )(A)(ii), the ACRE program guarantee price for a crop year for a covered commodity or peanuts in a State shall be the simple average of the national average market price received by producers of the covered commodity or peanuts for the most recent 2 crop years, as determined by the Sec- retary. ( 4 ) STATE SW IT H IRRIGATE D AND NONIRRIGATED L AND.— I n the case of a State in which at least 25 percent of the acreage planted to a covered commodity or peanuts in the State is irrigated and at least 25 percent of the acreage planted to the covered commodity or peanuts in the State is not irrigated, the Secretary shall calculate a separate ACRE program guar- antee for the irrigated and nonirrigated areas of the State for the covered commodity or peanuts. (e) ACTUAL FARM RE V ENUE.—For purposes of subsection (b)(2)( B )(i), the amount of the actual farm revenue for a crop year for a covered commodity or peanuts shall e q ual the amount deter- mined by multiplying— (1) the actual yield for the covered commodity or peanuts of the producers on the farm; and (2) the national average market price for the crop year for the covered commodity or peanuts determined under sub- section (c)(3). (f) FARM ACRE BENCHMAR K REVENUE.—For purposes of sub- section (b)(2)(B)(ii), the farm ACRE benchmark revenue for the crop year for a covered commodity or peanuts shall equal the sum obtained by adding— (1) the amount determined by multiplying— (A) the average yield per planted acre for the covered commodity or peanuts of the producers on the farm for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and (B) the ACRE program guarantee price for the applicable crop year for the covered commodity or peanuts in a State determined under subsection (d)(3); and (2) the amount of the per acre crop insurance premium required to be paid by the producers on the farm for the applicable crop year for the covered commodity or peanuts on the farm. (g) P A Y MENT AMOUNT.—If ACRE payments are required to bepaidforanyofthe2 0 0 9 through 2012 crop years of a covered commodity or peanuts under this section, the amount of the ACRE payment to be paid to the producers on the farm for the crop
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