View all text of Subchapter I [§ 9011 - § 9019]
§ 9012. Base acres
(a) Retention or 1-time reallocation of base acres
(1) Election required
(A) Notice of election opportunityAs soon as practicable after February 7, 2014, the Secretary shall provide notice to the owners of a farm regarding their opportunity to make an election, in the manner provided in this subsection—
(i) to retain base acres, including any generic base acres, as provided in paragraph (2); or
(ii) in lieu of retaining base acres, to reallocate base acres, other than any generic base acres, as provided in paragraph (3).
(B) Content of noticeThe notice under subparagraph (A) shall include the following:
(i) Information that the opportunity of an owner to make the election is being provided only once.
(ii) Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election.
(iii) Information regarding the deadline before which the owner must notify the Secretary of the election to be in effect beginning with the 2014 crop year.
(C) Effect of failure to make election
(2) Retention of base acres
(A) Election to retain
(B) Treatment of generic base acres
(3) Reallocation of base acres
(A) Election to reallocate
(B) Reallocation formulaThe reallocation of base acres among covered commodities on a farm shall be in proportion to the ratio of—
(i) the 4-year average of—(I) the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2009 through 2012 crop years; and(II) any acreage on the farm that the producers were prevented from planting during the 2009 through 2012 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; to
(ii) the 4-year average of—(I) the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for such crop years; and(II) any acreage on the farm that the producers were prevented from planting during such crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary.
(C) Treatment of generic base acres
(D) Inclusion of all 4 years in average
(E) Treatment of multiple planting or prevented planting
(F) Limitation
(4) Application of election to all covered commodities
(b) Adjustment of base acres
(1) In generalNotwithstanding the election made under subsection (a), the Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm and any generic base acres for the farm whenever any of the following circumstances occur:
(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.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary.
(C) 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 8711(a)(1)(D) of this title.
(2) Special conservation reserve acreage payment rules
(c) Prevention of excess base acres
(1) Required reduction
(2) Other acreageFor purposes of paragraph (1), the Secretary shall include the following:
(A) Any acreage on the farm enrolled in—
(i) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or
(ii) a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).
(B) 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.
(C) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (b)(1)(C).
(3) Selection of acres
(4) Exception for double-cropped acreage
(d) Reduction in base acres
(1) Reduction at option of owner
(A) In general
(B) Effect of reduction
(2) Required action by Secretary
(A) In generalThe Secretary shall proportionately reduce base acres, including any generic base acres, on a farm 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) Treatment of base acres on farms entirely planted to grass or pasture
(A) In general
(B) Ineligibility
(4) Prohibition on reconstitution of farm
(Pub. L. 113–79, title I, § 1112, Feb. 7, 2014, 128 Stat. 661; Pub. L. 115–334, title I, § 1102, Dec. 20, 2018, 132 Stat. 4501.)