7 U.S.C. § 8711 | Base acres

(a)

Adjustment of base acres

(1)

In general

The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occurs:

(A)

16 U.S.C. 3831October 1, 2007 A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 () with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on , and ending on the date of enactment of this Act.

(B)

October 1, 2007 Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on , and ending on the date of enactment of this Act.

(C)

section 7911(a)(2) of this title The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under .

(D)

section 7911(a)(2) of this title The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under .

(2)

Special conservation reserve acreage payment rules

For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.

(b)

Prevention of excess base acres

(1)

Required reduction

If the sum of the base acres for a farm, together with the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm or the base acres for peanuts for the farm so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.

(2)

Other acreage

For purposes of paragraph (1), the Secretary shall include the following:

(A)

Any base acres for peanuts for the farm.

(B)

16 U.S.C. 3830 Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( et seq.).

(C)

Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.

(D)

section 7911(a)(2) of this title Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under .

(E)

section 7911(a)(2) of this title If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under .

(3)

Selection of acres

The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or the base acres for peanuts for the farm against which the reduction required by paragraph (1) will be made.

(4)

Exception for double-cropped acreage

In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

(5)

Coordinated application of requirements

section 8752(b) of this titleThe Secretary shall take into account when applying the requirements of this subsection.

(c)

Reduction in base acres

(1)

Reduction at option of owner

(A)

In general

The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.

(B)

Effect of reduction

A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.

(2)

Required action by Secretary

(A)

In general

The Secretary shall proportionately reduce base acres on a farm for covered commodities for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—

(i)

remains devoted to commercial agricultural production; or

(ii)

is likely to be returned to the previous agricultural use.

(B)

Requirement

The Secretary shall establish procedures to identify land described in subparagraph (A).

(3)

Review and report

Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall submit to Congress a report that describes the results of the actions taken under paragraph (2).

(d)

Treatment of farms with limited base acres

(1)

Prohibition on payments

Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, a producer on a farm may not receive direct payments, counter-cyclical payments, or average crop revenue election payments if the sum of the base acres of the farm is 10 acres or less, as determined by the Secretary.

(2)

Exceptions

Paragraph (1) shall not apply to a farm owned by—

(A)

section 2003(e) of this title 1

1 So in original. A closing parenthesis probably should precede the semicolon.

a socially disadvantaged farmer or rancher (as defined in ;  or

(B)

a limited resource farmer or rancher, as defined by the Secretary.

(3)

Data collection and publication

The Secretary shall—

(A)

collect and publish segregated data and survey information about the farm profiles, utilization of land, and crop production; and

(B)

perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section.

(4)

Suspension of prohibition

Paragraphs (1) through (3) shall not apply during the 2008 crop year.

Pub. L. 110–234, title I, § 1101May 22, 2008122 Stat. 938 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 110–398, § 1(a)(1)Oct. 13, 2008122 Stat. 4213(, , ; , title I, § 1101, , , 1666; , , .)

Editorial Notes

References in Text

Pub. L. 110–246June 18, 2008The date of enactment of this Act, referred to in subsec. (a)(1)(A), (B), is the date of enactment of , which was approved .

Pub. L. 99–198Dec. 23, 198599 Stat. 1354 section 1281 of this titleThe Food Security Act of 1985, referred to in subsec. (b)(2)(B), is , , . Chapter 1 of subtitle D of title XII of the Act is classified generally to part I (§ 3830 et seq.) of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under and Tables.

Pub. L. 110–246June 18, 2008122 Stat. 1664This chapter, referred to in subsec. (d)(1), was in the original “this title”, meaning title I of , , , which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Amendments

Pub. L. 110–3982008—Subsec. (d)(4). added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .