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7 U.S.C. § 8713 — Base acres
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3831&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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:
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3830&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911/a/2&num=0&edition=prelim).
(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.
(5) **Coordinated application of requirements** — The Secretary shall take into account [section 8752(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8752/b&num=0&edition=prelim) when applying the requirements of this subsection.
**(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.
(B) *Effect of reduction* — A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.
(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* — The Secretary shall establish procedures to identify land described in subparagraph (A).
(3) **Review and report** — Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall submit to Congress a report that describes the results of the actions taken under paragraph (2).
**(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.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2003/e&num=0&edition=prelim); 11 So in original. A closing parenthesis probably should precede the semicolon. or
(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** — Paragraphs (1) through (3) shall not apply during the 2008 crop year.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–198, title XII, § 1230, as added Pub. L. 101–624, title XIV, § 1431(2), Nov. 28, 1990, 104 Stat. 3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10, 1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4, 1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May 13, 2002, 116 Stat. 237, related to comprehensive conservation enhancement program.
#### Conservation Assistance
Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat. 406, as amended by Pub. L. 107–171, title II, § 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized Secretary to use $40,000,000 of funds of the Commodity Credit Corporation to provide financial assistance to farmers and ranchers to address threats to soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat; comply with Federal and State environmental laws; and make beneficial, cost-effective changes to cropping systems, grazing management, manure, nutrient, pest, or irrigation management, land uses, or other measures needed to conserve and improve soil, water, and related natural resources.
#### Farmland Protection Program
Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat. 1020, directed Secretary of Agriculture to establish and carry out a farmland protection program, prior to repeal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13, 2002, 116 Stat. 269.
[Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116 Stat. 269, provided that: “The amendment made by paragraph (1)(A) [repealing section 388 of Pub. L. 104–127, formerly set out above] shall have no effect on any contract entered into under section 388 of the Federal Agriculture Improvement and Reform Act of 1996 [Pub. L. 104–127] ([16 U.S.C. 3830](https://uscode.ho
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Through the 2023 fiscal year, the Secretary shall formulate and carry out a conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve and improve the soil, water, and wildlife resources of such land and to address issues raised by State, regional, and national conservation initiatives.
**(b) Eligible land** The Secretary may include in the program established under this subpart—
(1) highly erodible cropland that—
(A)
(i) if permitted to remain untreated could substantially reduce the agricultural production capability for future generations; or
(ii) cannot be farmed in accordance with a plan that complies with the requirements of subchapter II; and
(B) the Secretary determines had a cropping history or was considered to be planted for 4 of the 6 years preceding December 20, 2018, on the condition that the Secretary shall consider to be planted cropland enrolled in the conservation reserve program;
(2) marginal pasture land to be devoted to appropriate vegetation, including trees, in or near riparian areas, or devoted to similar water quality purposes (including marginal pastureland converted to wetland or established as wildlife habitat);
(3) grasslands that—
(A) contain forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use;
(B) are located in an area historically dominated by grasslands; and
(C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition;
(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16.
**(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq.) or the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ([7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [[7 U.S.C. 1508(g)(4)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim)], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of tha
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Actual production history yield** — The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under subchapter I or the noninsured crop disaster assistance program, respectively.
(2) **Actual production on the farm** — The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
(3) **Adjusted actual production history yield** — The term “adjusted actual production history yield” means—
(A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer without regard to any yields established under that section;
(B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim), the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to [section 1508(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1508/g/4/B&num=0&edition=prelim); and
(C) in all other cases, the actual production history of the eligible producer on a f
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (other than subchapter III):
(1) **Average crop revenue election payment** — The term “average crop revenue election payment” means a payment made to producers on a farm under section 8715 11 See References in Text note below. of this title.
(2) **Base acres**
(A) *In general* — The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under [section 7911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911&num=0&edition=prelim) as in effect on September 30, 2007, subject to any adjustment under [section 8711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8711&num=0&edition=prelim).
(B) *Peanuts* — The term “base acres for peanuts” has the meaning given the term in [section 8751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8751&num=0&edition=prelim).
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under section 8714 1 of this title.
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under section 8713 1 of this title.
(6) **Effective price** — The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year.
(7) **Extra long staple cotton** — The term “extra long staple cotton” m
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Federal law — U.S. Code and appendices · legal_authorities
Page 2355
TITLE 16—CONSERVATION
§ 3830
general amendment of subchapter V of this chapter by
Pub. L. 104–127, title III, § 341, Apr. 4, 1996, 110 Stat. 1008.
The new section 3843, which did not relate to appeal
procedures, was subsequently repealed by Pub. L.
113–79, title II, § 2710(a), Feb. 7, 2014, 128 Stat. 770.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–334, § 2102, designated ex-
isting provisions as par. (1), inserted heading, inserted
‘‘, which, except as provided in paragraph (2), shall be
conducted in the presence of the affected person’’ be-
fore period at end, and added par. (2).
Subsec. (j). Pub. L. 115–334, § 2821(b), substituted ‘‘Nat-
ural Resources Conservation Service’’ for ‘‘National
Resources Conservation Service’’.
Subsec. (k)(1)(B). Pub. L. 115–334, § 2103, amended sub-
par. (B) generally. Prior to amendment, text read as
follows: ‘‘Of the funds of the Commodity Credit Cor-
poration, the Secretary shall use $10,000,000, to remain
available until expended, to carry out this paragraph.’’
2014—Subsec. (k). Pub. L. 113–79 amended subsec. (k)
generally. Prior to amendment, text read as follows:
‘‘Using authorities available to the Secretary, the Sec-
retary may operate a pilot program for mitigation
banking of wetlands to assist persons to increase the
efficiency of agricultural operations while protecting
wetland functions and values. Subsection (f)(2)(C) of
this section shall not apply to this subsection.’’
2008—Subsec. (h)(2), (3). Pub. L. 110–246, § 2003, added
par. (2), redesignated former par. (2) as (3), and inserted
‘‘be’’ before ‘‘actively’’.
1996—
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3830
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Federal law — U.S. Code and appendices · legal_authorities
Page 2356
TITLE 16—CONSERVATION
§ 3830a
3576; amended Pub. L. 103–66, title I, § 1402(a), Aug. 10,
1993, 107 Stat. 332; Pub. L. 104–127, title III, § 331, Apr. 4,
1996, 110 Stat. 992; Pub. L. 107–171, title II, § 2006(b), May
13, 2002, 116 Stat. 237, related to comprehensive con-
servation enhancement program.
Statutory Notes and Related Subsidiaries
CONSERVATION ASSISTANCE
Pub. L. 106–224, title II, § 211, June 20, 2000, 114 Stat.
406,
as
amended
by
Pub.
L.
107–171,
title
II,
§ 2503(b)(1)(B), May 13, 2002, 116 Stat. 269, authorized
Secretary to use $40,000,000 of funds of the Commodity
Credit Corporation to provide financial assistance to
farmers and ranchers to address threats to soil, water,
and related natural resources, including grazing land,
wetland, and wildlife habitat; comply with Federal and
State environmental laws; and make beneficial, cost-ef-
fective changes to cropping systems, grazing manage-
ment, manure, nutrient, pest, or irrigation manage-
ment, land uses, or other measures needed to conserve
and improve soil, water, and related natural resources.
FARMLAND PROTECTION PROGRAM
Pub. L. 104–127, title III, § 388, Apr. 4, 1996, 110 Stat.
1020, directed Secretary of Agriculture to establish and
carry out a farmland protection program, prior to re-
peal by Pub. L. 107–171, title II, § 2503(b)(1)(A), May 13,
2002, 116 Stat. 269.
[Pub. L. 107–171, title II, § 2503(b)(2), May 13, 2002, 116
Stat. 269, provided that: ‘‘The amendment made by
paragraph (1)(A) [repealing section 388 of Pub. L.
104–127, formerly set out above] shall have no effect on
any contract entered into under section 388 of the Fed-
eral Agriculture Improvement and Reform Act of 1996
[Pub. L. 104–127] (16 U.S.C. 3830 note) that is in effect as
of the date of
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3831
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Federal law — U.S. Code and appendices · legal_authorities
Page 2224
TITLE 7—AGRICULTURE
§ 8712
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
this title.
§ 8712. Payment yields
(a) Establishment and purpose
For the purpose of making direct payments
and counter-cyclical payments under this sub-
chapter, the Secretary shall provide for the es-
tablishment of a yield for each farm for any des-
ignated oilseed or eligible pulse crop for which a
payment yield was not established under section
7912 of this title in accordance with this section.
(b) Payment yields for designated oilseeds and
eligible pulse crops
(1) Determination of average yield
In the case of designated oilseeds and eligi-
ble pulse crops, the Secretary shall determine
the average yield per planted acre for the des-
ignated oilseed or pulse crop on a farm for the
1998 through 2001 crop years, excluding any
crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield
(A) In general
The payment yield for a farm for a des-
ignated oilseed or eligible pulse crop shall be
equal to the product of the following:
(i) The average yield for the designated
oilseed or pulse crop determined under
paragraph (1).
(ii) The ratio resulting from dividing the
national average yield for the designated
oilseed or pulse crop for the 1981 through
1985 crops by the national average yield for
the designated oilseed or pulse crop for the
1998 through 2001 crops.
(B) No national average yield information
available
To the extent that national average yield
information for a designated oilseed or pulse
crop is not available, the Secretary shall use
such information as the Secretary deter-
mines to be fair and equitable to establish a
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8713
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.