7 USC 8711 - Base acres

U.S Code last checked for updates: May 18, 2024

§ 8711.

Base acres

(a)

Adjustment of base acres

(1)

In general

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 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, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.

(B)

Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.

(C)

The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.

(D)

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 7911(a)(2) of this title.

(2)

Special conservation reserve acreage payment rules

(b)

Prevention of excess base acres

(1)

Required reduction

(2)

Other acreage

For purposes of paragraph (1), the Secretary shall include the following:

(A)

Any base acres for peanuts for the farm.

(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 Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.

(D)

Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.

(E)

If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 7911(a)(2) of this title.

(3)

Selection of acres

(4)

Exception for double-cropped acreage

(5)

Coordinated application of requirements

(c)

Reduction in base acres

(1)

Reduction at option of owner

(A)

In general

(B)

Effect of reduction

(2)

Required action by Secretary

(A)

In general

The Secretary shall proportionately reduce base acres on a farm for covered commodities 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—

(i)

remains devoted to commercial agricultural production; or

(ii)

is likely to be returned to the previous agricultural use.

(B)

Requirement

(3)

Review and report

(d)

Treatment of farms with limited base acres

(1)

Prohibition on payments

(2)

Exceptions

Paragraph (1) shall not apply to a farm owned by—

(A)

a socially disadvantaged farmer or rancher (as defined in section 2003(e) of this title; 1

 So in original. A closing parenthesis probably should precede the semicolon.

(B)

a limited resource farmer or rancher, as defined by the Secretary.

(3)

Data collection and publication

The Secretary shall—

(A)

collect and publish segregated data and survey information about the farm profiles, utilization of land, and crop production; and

(B)

perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section.

(4)

Suspension of prohibition

(Pub. L. 110–234, title I, § 1101, May 22, 2008, 122 Stat. 938; Pub. L. 110–246, § 4(a), title I, § 1101, June 18, 2008, 122 Stat. 1664, 1666; Pub. L. 110–398, § 1(a)(1), Oct. 13, 2008, 122 Stat. 4213.)

cite as: 7 USC 8711