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VI of the Agricultural Act of 1949 (7 U.S.C. 1471
et seq.) for livestock emergency losses suffered in a
crop year if such payment or benefit will cause the
combined total amount of such payments and bene-
fits received by such person in such year to exceed
$100,000.
‘‘(2) ELECTION.—If a producer is subject to
paragraph (1), the person may elect (subject to the
benefits limitations under section 609 of the Agricul-
tural Act of 1949 (7 U.S.C. 1471g) whether to re-
ceive the $100,000 in such payments, or such live-
stock emergency benefits (not to exceed $50,000), or
a combination of payments and benefits specified by
the person.
‘‘(d) REGULATIONS.—The Secretary of Agriculture
shall issue regulations prescribing such rules as the Sec-
retary determines necessary to ensure a fair and reason-
able application of the limitations established under this
section.
‘‘SEC. 2250. SUBSTITUTION OF CROP INSURANCE PROGRAM
YIELDS.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this chapter, the Secretary of Agriculture may
permit each eligible producer of a crop of a commodity
who has obtained multiperil crop insurance for such crop
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for a crop year or, as provided in subsection (c), the pre-
ceding crop year under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.) to substitute, at the discretion
of the producer, the crop insurance yield for such crop,
as established under such Act, for the farm yield otherwise
assigned to the producer under this subchapter, for the
purposes of determining such producer’s eligibility for a
disaster payment on such crop under this subchapter for
the crop year involved and the amount of such payment.
‘‘(b) ADJUSTMENT OF ADVANCED DEFICIENCY PAY-
MENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this chapter, if an eligible producer of
wheat, feed grains, upland cotton, extra long staple
cotton, or rice for a crop year elects to substitute
yields for such producer’s crop under subsection (a),
the producer’s eligibility for a waiver of repayment
of an advance deficiency payment on such crop
under this chapter shall be adjusted as provided in
paragraph (2).
‘‘(2) AMOUNT.—The amount of production of
such crop on which the producer otherwise would be
eligible for waiver of repayment of advance defi-
ciency payments under this subchapter shall be re-
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duced by an amount of production equal to the dif-
ference between—
‘‘(A) the amount of production eligible for
disaster payments under this subchapter using
a substituted yield under this section; and
‘‘(B) the amount of production that would
have been eligible for disaster payments using
the farm program payment yield otherwise as-
signed to the producer under this chapter.
‘‘(c) MULTIPERIL CROP INSURANCE NOT AVAIL-
ABLE.—A producer may use the crop insurance yield for
the producer’s crop of a commodity for the preceding crop
year for purposes of substituting yields under subsection
(a) if the producer demonstrates to the Secretary that,
through no fault of the producer, multiperil crop insurance
under the Federal Crop Insurance Act was not made avail-
able to the producer for the producer’s crop of the com-
modity for the crop year involved.
‘‘(d) DEFINITION
OF ELIGIBLE PRODUCER.—For
purposes of this section, the term ‘eligible producer’ means
a producer of a crop of wheat, feed grains, upland cotton,
extra long staple cotton, rice, or oilseeds.
‘‘SEC. 2251. DE MINIMIS YIELDS.
‘‘The Secretary of Agriculture may determine a de
minimis yield for each crop eligible for reduced yield disas-
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ter payments under this subchapter. The de minimis yield
shall be set at a level that will minimize any incentive (be-
cause of the prospect of disaster payments) for a producer
to abandon crops that have a value that exceeds the cost
of harvesting. In no case may the de minimis yield be less
than the amount of production that, when valued at cur-
rent market prices, equals the average cost of harvesting
the crop, as determined by the Secretary. Any producer
whose actual yield for a crop is equal to or less than the
de minimis yield for such crop shall be considered as hav-
ing an actual yield of zero for the purpose of calculating
any reduced yield disaster payments for such crop under
this subchapter.
‘‘SEC. 2252. SEPARATE TREATMENT OF EACH PRODUCER
ON A FARM.
‘‘A producer on a farm who produces any crop of a
commodity for which disaster payments are made available
under this subchapter shall qualify for a disaster payment
if the total quantity of the commodity that the producer
is able to harvest on that farm is reduced as a result of
damaging weather or related condition in an amount that
meets the criteria of section 2241, 2242, 2243, or 2244,
even though the producers on the farm, collectively, may
not meet such criteria.