Sec. 101. Base acres
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As soon as practicable after the date of enactment of this Act, the Secretary shall update base acres on a farm for the 2019 crop year in accordance with this section. For the purpose of applying this title to covered commodities, the Secretary shall determine the updated base acres on a farm by updating all of the base acres for covered commodities on the farm among those covered commodities planted on the farm at any time during the 2014 through 2017 crop years. The updated base acres among covered commodities on a farm shall be the proportion that— the 4-year average of— the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2014 through 2017 crop years; and any acreage on the farm that the producers were prevented from planting during the 2014 through 2017 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; bears to the 4-year average of— the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2014 through 2017 crop years; and any acreage on the farm that the producers were prevented from planting during the 2014 through 2017 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.
For the purpose of determining a 4-year acreage average under paragraph
(3)for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted. For the purpose of determining under paragraph
(3)the acreage on a farm that producers planted or were prevented from planting during the 2014 through 2017 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner— may elect the commodity to be used for that crop year in determining the 4-year average; but may not include both the initial commodity and the subsequent commodity. Notwithstanding the update of base acres under subsection (a), the Secretary shall provide for an adjustment, as appropriate, in the updated base acres for covered commodities for a farm whenever any of the following circumstances occur: 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 an updated 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 agriculture risk 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 updated base acres for a farm exceeds the actual cropland acreage of the farm, the Secretary shall reduce the updated base acres for one or more covered commodities for the farm so that the sum of the base acres and the other acreage described in paragraph
(2)does not exceed the actual cropland acreage of the farm. The other acreage referred to in paragraph
(1)is 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 (b)(1)(C). The Secretary shall give the owner of the farm the opportunity to select the updated 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 owner of a farm may reduce, at any time, the updated 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 updated 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— 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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