Sec. 3. Base acres
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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 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 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 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. In this paragraph, the term beginning farmer of covered commodities means a beginning farmer (as determined by the Secretary) of one or more covered commodities that has not planted or been prevented from planting a covered commodity on any farm for any crop year before the 2002 crop year. The Secretary shall provide a 1-time opportunity for a beginning farmer of covered commodities to increase base acres on a farm in accordance with subparagraph
(C)if— the beginning farmer of covered commodities is an operator on the farm and provides a significant contribution of active personal labor; as determined by the Secretary, the beginning farmer of covered commodities has, or has an option to obtain, a significant ownership share of the farm or a business producing commodities on the farm; the beginning farmer of covered commodities has not planted or been prevented from planting a covered commodity on the farm for any crop year before the 2007 crop year; and the average number of acres planted on the farm to covered commodities during the 2013 through 2017 crop years is greater than the number of base acres on the farm. Subject to clause (ii), the number of base acres added to a farm under subparagraph
(B)shall be equal to the difference between— the 5-year average of— the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2013 through 2017 crop years, according to records submitted to the Farm Service Agency; and any acreage on the farm that the beginning farmer of covered commodities was prevented from planting during the 2013 through 2017 crop years to a covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the beginning farmer of covered commodities, according to records submitted to the Farm Service Agency and as determined by the Secretary; and the number of base acres for covered commodities on the farm. The Secretary shall adjust the number of base acres added to a farm under clause
(i)to prevent the cumulative increase in the number of base acres under this paragraph from exceeding 5,000,000 base acres for all beginning farmers of covered commodities. Base acres added to a farm under clause
(i)shall be added to the base acreage of each covered commodity on the farm in the proportion that— the acreage planted to the covered commodity on the farm; bears to the acreage planted to all covered commodities on the farm. If a beginning farmer of covered commodities on a farm for which base acres have been increased under subparagraph
(B)no longer owns or operates the farm for any of the 2019 through 2023 crop years, the base acres on the farm shall be reduced by the number of base acres added to the farm under that subparagraph in the same proportion among covered commodities on the farm described in subparagraph (C)(iii). If the sum of the base acres for a farm and the acreage described in paragraph
(2)exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for one or more covered commodities for the farm so that the sum of the base acres and the 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 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 the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3865 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 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 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 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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