Sec. 1105. Base acres
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/bill/113/hr/2642/eah/section-1105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities and cotton for a farm whenever any of the following circumstances occurs: 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. Cropland is released from coverage under a conservation reserve contract by the Secretary. 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 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(a)(1)(D) ).
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 price loss coverage or revenue loss coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. 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 or cotton 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. For purposes of paragraph (1), the Secretary shall include the following: Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3830 et seq. ). 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. If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (a)(1)(C). The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or cotton for the farm against which the reduction required by paragraph
(1)will be made. In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. The owner of a farm may reduce, at any time, the base acres for any covered commodity or cotton for the farm. A reduction under subparagraph
(A)shall be permanent and made in a manner prescribed by the Secretary. The Secretary shall proportionately reduce base acres on a farm for covered commodities and cotton 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— remains devoted to commercial agricultural production; or is likely to be returned to the previous agricultural use. The Secretary shall establish procedures to identify land described in subparagraph (A).
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