7 U.S.C. § 7955 — Producer agreement required as condi-

Page 2138 TITLE 7—AGRICULTURE § 7955 (ii) the second partial payment shall be made not earlier than February 1 of the next calendar year; and (iii) the final partial payment shall be made as soon as practicable after the end of the 12-month marketing year for that crop. (B) 2007 crop year When the Secretary makes partial pay- ments available for the 2007 crop year— (i) the first partial payment shall be made after completion of the first 6 months of the marketing year for that crop; and (ii) the final partial payment shall be made as soon as practicable after the end of the 12-month marketing year for that crop. (4) Amount of partial payments (A) 2002 crop year (i) First partial payment In the case of the 2002 crop year, the first partial payment under paragraph (3) to an historic peanut producer may not exceed 35 percent of the projected counter-cycli- cal payment for the crop year, as deter- mined by the Secretary. (ii) Second partial payment The second partial payment may not ex- ceed the difference between— (I) 70 percent of the projected counter- cyclical payment (including any revision thereof) for the 2002 crop year; and (II) the amount of the payment made under clause (i). (iii) Final payment The final payment shall be equal to the difference between— (I) the actual counter-cyclical pay- ment to be made to the historic peanut producer; and (II) the amount of the partial pay- ments made to the historic peanut pro- ducer under clauses (i) and (ii). (B) 2003 through 2006 crop years (i) First partial payment For each of the 2003 through 2006 crop years, the first partial payment under paragraph (3) to the producers on a farm may not exceed 35 percent of the projected counter-cyclical payment for the crop year, as determined by the Secretary. (ii) Second partial payment The second partial payment for a crop year may not exceed the difference be- tween— (I) 70 percent of the projected counter- cyclical payment (including any revision thereof) for the crop year; and (II) the amount of the payment made under clause (i). (iii) Final payment The final payment for a crop year shall be equal to the difference between— (I) the actual counter-cyclical pay- ment to be made to the producers for that crop year; and (II) the amount of the partial pay- ments made to the producers under clauses (i) and (ii) for that crop year. (C) 2007 crop year (i) First partial payment For the 2007 crop year, the first partial payment under paragraph (3) to the pro- ducers on a farm may not exceed 40 per- cent of the projected counter-cyclical pay- ment for the crop year, as determined by the Secretary. (ii) Final payment The final payment for the 2007 crop year shall be equal to the difference between— (I) the actual counter-cyclical pay- ment to be made to the producers for that crop year; and (II) the amount of the partial payment made to the producers under clause (i). (5) Repayment The producers on a farm (or, in the case of the 2002 crop year, historic peanut producers) that receive a partial payment under this sub- section for a crop year shall repay to the Sec- retary the amount, if any, by which the total of the partial payments exceed the actual counter-cyclical payment to be made for that crop year. (Pub. L. 107–171, title I, § 1304, May 13, 2002, 116 Stat. 171.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (b)(1)(B), was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 1301–1310) of Pub. L. 107–171, title I, May 13, 2002, 116 Stat. 166, which is classified principally to this sub- chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables. § 7955. Producer agreement required as condi- tion on provision of direct payments and counter-cyclical payments (a) Compliance with certain requirements (1) Requirements Before the producers on a farm may receive direct payments or counter-cyclical payments under this subchapter with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.); (B) to comply with applicable wetland pro- tection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to comply with the planting flexibility requirements of section 7956 of this title; (D) to use the land on the farm, in a quan- tity equal to the attributable base acres for peanuts and any base acres for the farm under subchapter I, for an agricultural or conserving use, and not for a non- agricultural commercial or industrial use, as determined by the Secretary; and Page 2139 TITLE 7—AGRICULTURE § 7956 (E) to effectively control noxious weeds and otherwise maintain the land in accord- ance with sound agricultural practices, as determined by the Secretary, if the agricul- tural or conserving use involves the noncul- tivation of any portion of the land referred to in subparagraph (D). (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure pro- ducer compliance with the requirements of paragraph (1). (3) Modification At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are con- sistent with the objectives of this subsection, as determined by the Secretary. (b) Transfer or change of interest in farm (1) Termination Except as provided in paragraph (2), a trans- fer of (or change in) the interest of the pro- ducers on a farm in the base acres for peanuts for which direct payments or counter-cyclical payments are made shall result in the termi- nation of the payments with respect to those acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). The termination shall take ef- fect on the date determined by the Secretary. (2) Exception If a producer entitled to a direct payment or counter-cyclical payment dies, becomes in- competent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary. (c) Acreage reports As a condition on the receipt of direct pay- ments, counter-cyclical payments, marketing assistance loans, or loan deficiency payments under this subchapter, the Secretary shall re- quire the producers on a farm to which a pay- ment yield and base acres for peanuts are as- signed under section 7952 of this title to submit to the Secretary annual acreage reports with re- spect to all cropland on the farm. (d) Tenants and sharecroppers In carrying out this subchapter, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (e) Sharing of payments The Secretary shall provide for the sharing of direct payments and counter-cyclical payments among the producers on a farm on a fair and eq- uitable basis. (Pub. L. 107–171, title I, § 1305, May 13, 2002, 116 Stat. 173.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(1), (c), and (d), was in the original ‘‘this subtitle’’, meaning sub- title C (§§ 1301–1310) of Pub. L. 107–171, title I, May 13, 2002, 116 Stat. 166, which is classified principally to this subchapter. For complete classification of subtitle C to the Code, see References in Text note set out under sec- tion 7951 of this title and Tables. The Food Security Act of 1985, referred to in subsec. (a)(1)(A), (B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subtitles B and C of title XII of the Act are classi- fied generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, 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. § 7956. Planting flexibility (a) Permitted crops Subject to subsection (b), any commodity or crop may be planted on the base acres for pea- nuts on a farm. (b) Limitations regarding certain commodities (1) General limitation The planting of an agricultural commodity specified in paragraph (2) shall be prohibited on base acres for peanuts unless the com- modity, if planted, is destroyed before harvest. (2) Treatment of trees and other perennials The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohib- ited on base acres for peanuts. (3) Covered agricultural commodities Paragraphs (1) and (2) apply to the following agricultural commodities: (A) Fruits. (B) Vegetables (other than lentils, mung beans, and dry peas). (C) Wild rice. (c) Exceptions Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural com- modity specified in paragraph (3) of that sub- section— (1) in any region in which there is a history of double-cropping of peanuts with agricul- tural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be per- mitted; (2) on a farm that the Secretary determines has a history of planting agricultural com- modities specified in subsection (b)(3) on the base acres for peanuts, except that direct pay- ments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or (3) by the producers on a farm that the Sec- retary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that— (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural com- modity. (Pub. L. 107–171, title I, § 1306, May 13, 2002, 116 Stat. 174.)