7 U.S.C. § 8752 — Base acres for peanuts for a farm

Page 2237 TITLE 7—AGRICULTURE § 8752 cent of the base acres for peanuts on a farm on which direct payments are made. (6) Payment yield The term ‘‘payment yield’’ means the yield established for direct payments and the yield established for counter-cyclical payments under section 7952 of this title, as in effect on September 30, 2007, for a farm for peanuts. (7) Producer (A) In general The term ‘‘producer’’ means an owner, op- erator, landlord, tenant, or sharecropper that shares in the risk of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been pro- duced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the exist- ence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter. (8) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Target price The term ‘‘target price’’ means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (10) United States The term ‘‘United States’’, when used in a geographical sense, means all of the States. (Pub. L. 110–234, title I, § 1301, May 22, 2008, 122 Stat. 966; Pub. L. 110–246, § 4(a), title I, § 1301, June 18, 2008, 122 Stat. 1664, 1695.) Editorial Notes REFERENCES IN TEXT Section 8754 of this title, referred to in pars. (2) and (4), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. Section 8753 of this title, referred to in par. (3), was repealed by Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the 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. § 8752. Base acres for peanuts for a farm (a) Adjustment of base acreage for peanuts (1) In general The Secretary shall provide for an adjust- ment, as appropriate, in the base acres for pea- nuts for a farm whenever any of the following circumstances occur: (A) A conservation reserve contract en- tered into under section 1231 of the Food Se- curity Act of 1985 (16 U.S.C. 3831) with re- spect 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 acre- age as the result of the Secretary desig- nating additional oilseeds, which shall be de- termined in the same manner as eligible oil- seed acreage under section 7911(a)(2) of this title. (2) Special conservation reserve acreage pay- ment rules For the crop year in which a base acres for peanuts 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 for peanuts (1) Required reduction If the sum of the base acres for peanuts for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall re- duce the base acres for peanuts for the farm or the base acres for 1 or more covered commod- ities for the farm so that the sum of the base acres for peanuts and acreage described in paragraph (2) does not exceed the actual crop- land acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any base acres for the farm for a cov- ered commodity. (B) Any acreage on the farm enrolled in the conservation reserve program or wet- lands 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 pro- ducing an agricultural commodity on the acreage. Page 2238 TITLE 7—AGRICULTURE § 8753 1 So in original. There probably should be a closing parenthesis after ‘‘title’’. (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 The Secretary shall give the owner of the farm the opportunity to select the base acres for peanuts or the base acres for covered com- modities 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 sec- tion 8711(b) of this title when applying the re- quirements 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 peanuts for the farm. (B) Effect of reduction A reduction under subparagraph (A) shall be permanent and made in a manner pre- scribed by the Secretary. (2) Required action by Secretary (A) In general The Secretary shall proportionately re- duce base acres on a farm for peanuts for land that has been subdivided and developed for multiple residential units or other non- farming 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 ag- ricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agri- cultural production; or (ii) is likely to be returned to the pre- vious 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 ex- tent 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 not- withstanding any other provision of this chap- ter, a producer on a farm may not receive di- rect 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; 1 or (B) a limited resource farmer or rancher, as defined by the Secretary. (3) Suspension of prohibition Paragraphs (1) and (2) shall not apply during the 2008 crop year. (Pub. L. 110–234, title I, § 1302, May 22, 2008, 122 Stat. 968; Pub. L. 110–246, § 4(a), title I, § 1302, June 18, 2008, 122 Stat. 1664, 1696; Pub. L. 110–398, § 1(a)(2), Oct. 13, 2008, 122 Stat. 4213; Pub. L. 113–188, title I, § 101(a), Nov. 26, 2014, 128 Stat. 2017.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (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 classi- fied 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 prin- cipally to this chapter. For complete classification of title I to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (d)(3). Pub. L. 113–188, § 101(a)(1), (3), re- designated par. (4) as (3) and struck out former par. (3) which related to required data collection and publica- tion. Subsec. (d)(4). Pub. L. 113–188, § 101(a)(2), (3), sub- stituted ‘‘Paragraphs (1) and (2)’’ for ‘‘Paragraphs (1) through (3)’’ and redesignated par. (4) as (3). 2008—Subsec. (d)(4). Pub. L. 110–398 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the 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. § 8753. Repealed. Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658 Section, Pub. L. 110–234, title I, § 1303, May 22, 2008, 122 Stat. 970; Pub. L. 110–246, § 4(a), title I, § 1303, June 18, 2008, 122 Stat. 1664, 1698, related to availability of direct payments for peanuts for 2008 through 2012 crop years.