Sec. 1105. Base acres
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/bill/113/s/954/es/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 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, or was terminated or expired during the period beginning on October 1, 2012, and ending on the date of enactment of this Act. Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2012, and ending on the date of enactment of this Act.
The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911(a)(2) ). 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)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)).
For the crop year in which a base acres adjustment under subparagraph
(A)or
(B)of paragraph
(1)is first made, the producer on the farm shall elect to receive either adverse market 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. For the purpose of making adverse market payments, the Secretary shall give a producer on a farm a 1-time opportunity to adjust the peanut base acres on the farm. As soon as practicable after the date of enactment of this Act, the Secretary shall provide notice of the election described in clause
(i)to producers on farms with peanut base acres, including— the manner in which the election is to be transmitted to the Secretary; a deadline for transmission; and notification that the election is a 1-time opportunity. If the producer on a farm fails to notify the Secretary of an election by the deadline described in clause (ii), the producer shall be considered to have not elected to update the peanut base acres on the farm. If the producer on a farm makes the election described in subparagraph (A), the base acres for peanuts on the farm established pursuant to section 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7952 ) shall be equal to the average acreage planted on the farm to peanuts for harvest or similar purposes for the 2009 through 2012 crop years, as determined by the Secretary. In making the calculation described in clause (i), the Secretary shall include— any acreage on the farm that the producer was prevented from planting to peanuts during the 2009 through 2012 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the producer; any crop year in which peanuts were not planted on the farm; and any adjustment, as appropriate, whenever either of the following 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 peanut base acres on the farm expires or is voluntarily terminated. Peanut cropland is released from coverage under a conservation reserve contract by the Secretary. If the producer on a farm makes the election described in subparagraph (A), the Secretary shall ensure that the adjustment does not result in a net increase in the total base acres for the farm (including the upland cotton base acres described in subsection (e)). If the adjustment in base acres made pursuant to an election described in subparagraph
(A)results in a net increase in the total base acres of all covered commodities and upland cotton on the farm, the Secretary shall reduce the base acres on the farm for all covered commodities (other than peanuts) and upland cotton proportionately, as determined by the Secretary. 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 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 agricultural conservation easement program under subchapter B of chapter 1 of subtitle D and subtitle H, respectively, of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 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. Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911(a)(2) ). The Secretary shall give the producer on the farm the opportunity to select the base acres for a covered commodity 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 producer on a farm may reduce, at any time, the base acres for any covered commodity 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 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). 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). Except as provided in paragraph
(2)and notwithstanding any other provision of this title, a producer on a farm may not receive adverse market payments if the sum of the base acres of the farm is 10 acres or less, as determined by the Secretary. Paragraph
(1)shall not apply to a farm owned or operated by— a socially disadvantaged farmer (as defined in section 3002 of the Consolidated Farm and Rural Development Act); or a limited resource farmer or rancher, as defined by the Secretary. The Secretary shall— collect and publish segregated data and survey information about farm profiles, utilization of land, and crop production; and perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section. The Secretary shall maintain a record of farms with upland cotton base acres in effect on the day before the date of enactment of this Act.
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