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obtained crop insurance, if available, for
such crop year for the commodity under
the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.), 65 percent) of the yield es-
tablished by the Commodity Credit Cor-
poration under subsection (d)(2) for such
crop by the sum of the acreage planted for
harvest and the acreage for which pre-
vented planting credit is approved by the
Secretary for such crop under subsection
(b);
‘‘(iii) with respect to crops covered in
section 207 of the Agricultural Act of 1949
(7 U.S.C. 1446h), 60 percent (or in the
case of producers who obtained crop insur-
ance, if available, for such crop year for
the commodity under the Federal Crop In-
surance Act (7 U.S.C. 1501 et seq.), 65
percent) of the historical annual yield of
the producers for such crops, as deter-
mined by the Secretary; and
‘‘(iv) with respect to fish or seafood,
60 percent of the historical annual yield of
the producers of such crops, as determined
by the Secretary.
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‘‘(B) PAYMENT RATE.—The payment shall
be made to such producers at a rate equal to
65 percent of the applicable payment level
under paragraph (2), as determined by the Sec-
retary, for any deficiency in production greater
than 40 percent for oilseeds and other
nonprogram crops for the crop, except that in
the case of producers who obtained crop insur-
ance, if available, for such crop under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et
seq.), 35 percent.
‘‘(C) LIMITATION
ON
ASSISTANCE
FOR
AQUACULTURE.—The total amount of payments
made available to all producers under subpara-
graph (A)(iv) shall not exceed $30,000,000 in
any year.
‘‘(2) PAYMENT LEVEL.—For purposes of para-
graph (1), the payment level for a commodity shall
equal the simple average price received by producers
of the commodity, as determined by the Secretary
subject to paragraph (3), during the marketing
years for the immediately preceding 5 crops of the
commodity, excluding the year in which the average
price was the highest and the year in which the av-
erage price was the lowest in such period.
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‘‘(3) CALCULATION
OF
PAYMENTS
FOR
DIF-
FERENT VARIETIES.—
‘‘(A) CROP-BY-CROP
BASIS.—The Sec-
retary shall make disaster payments under this
subsection on a crop-by-crop basis, with consid-
eration given to markets and uses of the crops,
under regulations issued by the Secretary.
‘‘(B) DIFFERENT
VARIETIES.—For pur-
poses of determining the payment levels on a
crop-by-crop basis, the Secretary shall consider
as separate crops, and develop separate pay-
ment levels insofar as is practicable for, dif-
ferent varieties of the same commodity, and
commodities for which there is a significant dif-
ference in the economic value in the market.
‘‘(C) DOUBLE CROPPING.—
‘‘(i) TREATED SEPARATELY.—In the
case of a crop that is historically double
cropped (including two crops of the same
commodity) by the producers on a farm,
the Secretary shall treat each cropping
separately for purposes of determining
whether the crop was affected by damaging
weather or related condition and the total
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quantity of the crop that the producers are
able to harvest.
‘‘(ii) 
APPLICATION
OF
SUBPARA-
GRAPH.—This 
subparagraph 
shall 
not
apply in the case of a replacement crop.
‘‘(D) NAVEL
AND
VALENCIA
ORANGES
TREATED AS SEPARATE CROPS.—For the pur-
pose of programs administered under this chap-
ter and the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1921 et seq.), navel
oranges and valencia oranges shall be consid-
ered separate crops.
‘‘(4) EXCLUSIONS
FROM
HARVESTED
QUAN-
TITIES.—For purposes of determining the total
quantity of a nonprogram crop of the commodity
that the producers on a farm are able to harvest
under paragraph (1), the Secretary shall exclude—
‘‘(A) commodities that cannot be sold in
normal commercial channels of trade; and
‘‘(B) dockage, including husks and shells,
if such dockage is excluded in determining
yields under subsection (d)(2).
‘‘(b) PREVENTED PLANTING CREDIT.—
‘‘(1) IN GENERAL.—The Secretary shall provide
prevented planting credit under subsection (a) with