Collapse to view only § 8717. Planting flexibility
- § 8711. Base acres
- § 8712. Payment yields
- § 8713. Repealed.
- § 8714. Repealed.
- § 8715. Repealed.
- § 8716. Producer agreement required as condition of provision of payments
- § 8717. Planting flexibility
- § 8718. Special rule for long grain and medium grain rice
- § 8719. Period of effectiveness
§ 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) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
(C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(D) 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 section 7911(a)(2) of this title.
(2) Special conservation reserve acreage payment rules
(b) Prevention of excess base acres
(1) Required reduction
(2) Other acreage
For purposes of paragraph (1), the Secretary shall include the following:
(A) Any base acres for peanuts for the farm.
(B) 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 (16 U.S.C. 3830 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) Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(E) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.
(3) Selection of acres
(4) Exception for double-cropped acreage
(5) Coordinated application of requirements
(c) Reduction in base acres
(1) Reduction at option of owner
(A) In general
(B) Effect of reduction
(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
(3) Review and report
(d) Treatment of farms with limited base acres
(1) Prohibition on payments
(2) Exceptions
Paragraph (1) shall not apply to a farm owned by—
(A) a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title; 1
1 So in original. A closing parenthesis probably should precede the semicolon.
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
(Pub. L. 110–234, title I, § 1101, May 22, 2008, 122 Stat. 938; Pub. L. 110–246, § 4(a), title I, § 1101, June 18, 2008, 122 Stat. 1664, 1666; Pub. L. 110–398, § 1(a)(1), Oct. 13, 2008, 122 Stat. 4213.)
§ 8712. Payment yields
(a) Establishment and purpose
(b) Payment yields for designated oilseeds and eligible pulse crops
(1) Determination of average yield
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal 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 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops.
(B) No national average yield information available
(3) Use of partial county average yield
(4) No historic yield data available
(Pub. L. 110–234, title I, § 1102, May 22, 2008, 122 Stat. 940; Pub. L. 110–246, § 4(a), title I, § 1102, June 18, 2008, 122 Stat. 1664, 1669.)
§ 8713. Repealed. Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658
§ 8714. Repealed. Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658
§ 8715. Repealed. Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658
§ 8716. Producer agreement required as condition of provision of payments
(a) Compliance with certain requirements
(1) Requirements
Before the producers on a farm may receive direct payments, counter-cyclical payments, or average crop revenue election payments with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—
(A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of section 8717 of this title;
(D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subchapter III, for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D).
(2) Compliance
(3) Modification
(b) Transfer or change of interest in farm
(1) Termination
(A) In general
(B) Effective date
(2) Exception
(c) Reports
(1) Acreage reports
(2) Production reports
(3) Penalties
(d) Tenants and sharecroppers
(e) Sharing of payments
(f) Extension of 2008 signup
(1) In general
Notwithstanding any other provision of law, the Secretary shall extend the 2008 crop year deadline for the signup for benefits under this subchapter by producers on a farm with base acres of 10 acres or less until the later of—
(A)November 14, 2008; or
(B) the end of the 45-day period beginning on October 13, 2008.
(2) Penalties
(Pub. L. 110–234, title I, § 1106, May 22, 2008, 122 Stat. 949; Pub. L. 110–246, § 4(a), title I, § 1106, June 18, 2008, 122 Stat. 1664
§ 8717. Planting flexibility
(a) Permitted crops
(b) Limitations regarding certain commodities
(1) General limitation
(2) Treatment of trees and other perennials
(3) Covered agricultural commoditiesParagraphs (1) and (2) apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) ExceptionsParagraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—
(1) in any region in which there is a history of double-cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted;
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that—
(A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and
(B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity.
(d) Planting transferability pilot project
(1) Pilot project authorized
(2) Pilot project States and acresThe number of base acres eligible during each crop year for the pilot project under paragraph (1) shall be—
(A) 9,000 acres in the State of Illinois;
(B) 9,000 acres in the State of Indiana;
(C) 1,000 acres in the State of Iowa;
(D) 9,000 acres in the State of Michigan;
(E) 34,000 acres in the State of Minnesota;
(F) 4,000 acres in the State of Ohio; and
(G) 9,000 acres in the State of Wisconsin.
(3) Contract and management requirementsTo be eligible for selection to participate in the pilot project, the producers on a farm shall—
(A) demonstrate to the Secretary that the producers on the farm have entered into a contract to produce a crop of a commodity specified in paragraph (1) for processing;
(B) agree to produce the crop as part of a program of crop rotation on the farm to achieve agronomic and pest and disease management benefits; and
(C) provide evidence of the disposition of the crop.
(4) Temporary reduction in base acres
(5) Duration of reductions
(6) Recalculation of base acres
(A) In general
(B) Prohibition
(7) Pilot impact evaluation
(A) In generalThe Secretary shall periodically evaluate the pilot project conducted under this subsection to determine the effects of the pilot project on the supply and price of—
(i) fresh fruits and vegetables; and
(ii) fruits and vegetables for processing.
(B) DeterminationAn evaluation under subparagraph (A) shall include a determination as to whether—
(i) producers of fresh fruits and vegetables are being negatively impacted; and
(ii) existing production capacities are being supplanted.
(C) Report
(Pub. L. 110–234, title I, § 1107, May 22, 2008, 122 Stat. 950; Pub. L. 110–246, § 4(a), title I, § 1107, June 18, 2008, 122 Stat. 1664, 1679.)
§ 8718. Special rule for long grain and medium grain rice
(a) Calculation method
(b) Producer election
As an alternative to the calculation method described in subsection (a), the Secretary shall provide producers on a farm the opportunity to elect to apportion rice base acres on the farm using the 4-year average of—
(1) the percentages of acreage planted on the farm to long grain rice and medium grain rice during the 2003 through 2006 crop years;
(2) the percentages of any acreage on the farm that the producers were prevented from planting to long grain rice and medium grain rice during the 2003 through 2006 crop years because of drought, flood, other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; and
(3) in the case of a crop year for which a producer on a farm elected not to plant to long grain and medium grain rice during the 2003 through 2006 crop years, the percentages of acreage planted in the applicable State to long grain rice and medium grain rice, as determined by the Secretary.
(c) Limitation
(Pub. L. 110–234, title I, § 1108, May 22, 2008, 122 Stat. 952; Pub. L. 110–246, § 4(a), title I, § 1108, June 18, 2008, 122 Stat. 1664, 1681.)
§ 8719. Period of effectiveness
This subchapter shall be effective beginning with the 2008 crop year of each covered commodity through the 2012 crop year.
(Pub. L. 110–234, title I, § 1109, May 22, 2008, 122 Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1109, June 18, 2008, 122 Stat. 1664, 1681.)