Sec. 1102. 1-time opportunity to add base acres
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Section 1112 of the Agricultural Act of 2014 ( 7 U.S.C. 9012 ) is amended: by amending subsection
(a)to read as follows: As soon as practicable after the date of enactment of the Farm, Food, and National Security Act of 2024 , the Secretary shall provide notice to the owners of a farm regarding the allocation of base acres to such farm in the manner provided in this subsection. The notice under subparagraph
(A)shall include the following: Information that the allocation is occurring. Information regarding the eligibility of the farm for an allocation of base acres under paragraph (2). Information on how an owner may appeal a determination of ineligibility for an allocation of base acres under paragraph
(2)through an appeals process established by the Secretary. An owner of a farm that is eligible to receive an allocation of base acres may elect to not receive such allocation by notifying the Secretary. Subject to subparagraph (E), effective beginning with the 2025 crop year, a farm is eligible to receive an allocation of base acres if, with respect to such farm, the amount described in subparagraph
(B)exceeds the amount described in subparagraph (C). The amount described in this subparagraph is, with respect to a farm, the sum of— 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 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 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; plus the lesser of the following: 15 percent of the total acres on the farm. The 5-year average of— the acreage planted on the farm to eligible non-covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to eligible non-covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary. The amount described in this subparagraph is, with respect to a farm, the total number of base acres for covered commodities on the farm (excluding unassigned crop base), as in effect on September 30, 2024. In this paragraph, the term acreage planted on the farm to eligible non-covered commodities means acreage planted on a farm to commodities other than covered commodities, trees, bushes, vines, grass, or pasture (including cropland that was idle or fallow), as determined by the Secretary. In the case of a farm for which the amount determined under clause
(i)of subparagraph
(B)is equal to zero, such farm shall be ineligible to receive an allocation of base acres under this subsection. Subject to paragraph (5), the acres eligible for allocation to base acres— shall be equal to the difference obtained by subtracting the amount determined under subparagraph
(C)of paragraph
(2)from the amount determined under subparagraph
(B)of such paragraph; and shall include unassigned crop base. For the purpose of applying this subsection to covered commodities, the Secretary shall allocate the eligible acres under paragraph
(3)among those covered commodities planted on the farm at any time during the 2019 through 2023 crop years. The allocation of eligible acres to base acres for covered commodities shall be in proportion to the ratio of— the 5-year average of— the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 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; to the 5-year average determined under paragraph (2)(B)(i). For the purpose of determining a 5-year acreage average under subparagraph
(B)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 subparagraph
(B)the acreage on a farm that producers planted or were prevented from planting during the 2019 through 2023 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 5-year average, but may not include both the initial commodity and the subsequent commodity. The allocation of eligible acres to base acres among covered commodities on a farm under this paragraph may not result in a total number of base acres for the farm in excess of the total number of acres on the farm. In carrying out this subsection, if the total number of eligible acres allocated to base acres across all farms in the United States under this subsection would exceed 30,000,000 acres, the Secretary shall apply an across the board, pro-rata reduction to the number of eligible acres to ensure the number of allocated base acres under this subsection is equal to 30,000,000 acres. Beginning with crop year 2025, for the purpose of making price loss coverage payments under section 1116, the Secretary shall establish payment yields to base acres allocated under this subsection equal to— the payment yield established on the farm for the applicable covered commodity; and if no such payment yield for the applicable covered commodity exists, a payment yield— equal to the average payment yield for the covered commodity for the county in which the farm is situated; or determined pursuant to section 1113(c). In the case of a farm for which the owner on the date of the enactment of the Farm, Food, and National Security Act of 2024 was not the owner for the 2019 crop year, the Secretary shall use the planting history of the prior owner or owners of such farm for purposes of determining eligibility under paragraph (2), eligible acres under paragraph (3), and the allocation of acres under paragraph (4). ; in subsection (b)(1), by striking Notwithstanding the election made under subsection (a), the and inserting The ; in subsection (c)(1), by striking Notwithstanding the election made under subsection (a), if and inserting If ; and in subsection (d)(3)(A), by striking 2023 and inserting 2029 .
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Sec. 1102
1-time opportunity to add base acres
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