Sec. 5. Payment acres
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For the purpose of price loss coverage and agriculture risk coverage when county coverage has been selected under section 6(b)(1), subject to subsection (d), the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm (not including any base acres excluded under subsection (e)). In the case of agriculture risk coverage when individual coverage has been selected under section 6(b)(2), but subject to subsection (e), the payment acres for a farm shall be equal to 65 percent of the base acres for all of the covered commodities on the farm. The quantity of payment acres determined under subsection
(a)may not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for price loss coverage payments or agriculture risk coverage payments, unless the crop was approved for double cropping in the county, as determined by the Secretary. Notwithstanding any other provision of this Act, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary. Paragraph
(1)does not apply to a producer that is— a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); or a limited resource farmer or rancher, as defined by the Secretary. In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm. In the case of price loss coverage payments and agricultural risk coverage payments using county coverage, the reduction under paragraph
(1)shall be the amount equal to the base acres planted to crops referred to in that paragraph in excess of 15 percent of base acres. In the case of agricultural risk coverage payments using individual coverage, the reduction under paragraph
(1)shall be the amount equal to the base acres planted to crops referred to in that paragraph in excess of 35 percent of base acres. No reduction to payment acres shall be made under this subsection if— cover crops or crops referred to in paragraph
(1)are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary; or in any region in which there is a history of double-cropping covered commodities with crops referred to in paragraph
(1)and those crops were so double-cropped on the base acres, as determined by the Secretary. Effective beginning with the 2019 crop year, subject to paragraphs
(2)and (3), if the producers on a farm did not plant and were not prevented from planting a covered commodity on base acres during each of the 2009 through 2016 crop years, the Secretary shall exclude those base acres from payment acres on the farm. Base acres subject to a reduction under subsection
(d)or that were 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.) for not fewer than 5 crop years of the 2009 through 2016 crop years shall be considered planted to a covered commodity for purposes of paragraph (1). Paragraph
(1)shall not apply to— a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); or a limited resource farmer or rancher, as defined by the Secretary.
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