7 U.S. Code § 8711 - Base acres
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(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.
(2) Special conservation reserve acreage payment rules
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 either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.
(b) Prevention of excess base acres
(1) Required reduction
If the sum of the base acres for a farm, together with the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm or the base acres for peanuts for the farm so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.
(2) Other acreage
For purposes of paragraph (1), the Secretary shall include the following:
(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.
(3) Selection of acres
The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or the base acres for peanuts for the farm against which the reduction required by paragraph (1) will be made.
(4) Exception for double-cropped acreage
In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.
(c) Reduction in base acres
(1) Reduction at option of owner
(A) In general
The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.
(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—
(d) Treatment of farms with limited base acres
(1) Prohibition on payments
Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, a producer on a farm may not receive direct payments, counter-cyclical payments, or average crop revenue election payments if the sum of the base acres of the farm is 10 acres or less, as determined by the Secretary.
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;  or
(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
 So in original. A closing parenthesis probably should precede the semicolon.
Source(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.)
References in Text
The date of enactment of this Act, referred to in subsec. (a)(1)(A), (B), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
The Food Security Act of 1985, referred to in subsec. (b)(2)(B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Chapter 1 of subtitle D of title XII of the Act is classified generally to part I (§ 3830 et seq.) of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
This chapter, referred to in subsec. (d)(1), was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
Pub. L. 110–234and Pub. L. 110–246enacted identical sections. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246.
2008—Subsec. (d)(4). Pub. L. 110–398added par. (4).