View all text of Subchapter I [§ 7911 - § 7918]
§ 7911. Establishment of base acres and payment acres for a farm
(a) Election by owner of base acres calculation method
(1) Alternative calculation methodsFor the purpose of making direct payments and counter-cyclical payments with respect to a farm, the Secretary shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the base acres of all covered commodities on the farm are to be determined:
(A) Subject to paragraphs (3) and (4), the 4-year average of the following:
(i) Acreage planted on the farm to covered commodities for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years.
(ii) Any acreage on the farm that the producers were prevented from planting during the 1998 through 2001 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.
(B) Subject to paragraph (3), the sum of the following:
(i) The contract acreage (as defined in section 7202 of this title) used by the Secretary to calculate the fiscal year 2002 payment authorized under section 7214 of this title for the covered commodities on the farm.
(ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the Secretary under paragraph (2).
(2) Eligible oilseed acreage
(A) CalculationFor purposes of paragraph (1)(B)(ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in paragraph (1)(A), except that the total acreage for all oilseeds on the farm for a crop year may not exceed the difference between—
(i) the total acreage determined under paragraph (1)(A) for all covered commodities for that crop year; and
(ii) the total contract acreage determined under paragraph (1)(B)(i).
(B) Effect of negative number
(C) Offset of contract acreage
(3) Inclusion of all 4 years in average
(4) Treatment of multiple planting or prevented planting
(b) Single election; time for election
(1) Notice of election opportunityAs soon as practicable after May 13, 2002, the Secretary shall provide notice to owners of farms regarding their opportunity to make the election described in subsection (a). The notice shall include the following:
(A) Notice that the opportunity of an owner to make the election is being provided only once.
(B) Information regarding the manner in which the election must be made and the time periods and manner in which notice of the election must be submitted to the Secretary.
(2) Election deadline
(c) Effect of failure to make election
(d) Application of election to all covered commodities
(e) Treatment of conservation reserve contract acreage
(1) In generalThe Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever either of the following circumstances occurs:
(A) 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.
(B) Cropland is released from coverage under a conservation reserve contract by the Secretary.
(2) Special payment rules
(f) Payment acres
(g) Prevention of excess base acres
(1) Required reduction
(2) Other acreageFor purposes of paragraph (1), the Secretary shall include the following:
(A) Any base acres for peanuts for the farm under subchapter III.
(B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
(3) Selection of acres
(4) Exception for double-cropped acreage
(5) Coordinated application of requirements
(h) Permanent reduction in base acres
(Pub. L. 107–171, title I, § 1101, May 13, 2002, 116 Stat. 144.)