Page:United States Statutes at Large Volume 104 Part 5.djvu/172

 104 STAT. 3494 PUBLIC LAW 101-624—NOV. 28, 1990 7 USC 1464. "SEC. 504. PLANTING FLEXIBILITY. "(a) IN GENERAL.— The producers on a farm may, in accordance with this section, plant for harvest on the crop acreage base established for a program crop a commodity, other than the specific program crop, without suffering a reduction in the crop acreage base as a result of the production. "O J) SPECIFIED COMMODITIES. — "(1) PERMITTED CROPS.— Except as provided in paragraph (2), for purposes of this section, the commodities that may be planted for harvest on a crop acreage base are— "(A) any program crop; "(B) any oilseed; "(C) any industrial or experimental crop designated by the Secretary; and "(D) any other crop, except any fruit or vegetable crop (including potatoes and dry edible beans) not designated by the Secretary as— "(i) an industrial or experimental crop; or "(ii) a crop for which no substantial domestic production or market exists. "(2) LIMITATION.—For purposes of this section, the Secretary may, at the discretion of the Secretary, prohibit the planting on ^ a crop acreage base of any crop specified in paragraph (1). "(3) NOTIFICATION.— With regard to commodities that may be planted pursuant to this subsection, the Secretary shall make a determination in each crop year of the commodities that may not be planted pursuant to this subsection and shall make available a list of the commodities. "(c) LIMITATION ON ACREAGE.— "(1) IN GENERAL.—Except as provided in paragraph (2), the quantity of the crop acreage base that may be planted to a commodity, other than the specific program crop, under this section may not exceed 25 percent of the crop acreage base. "(2) EXCEPTION FOR SOYBEANS.—I f on January 1 of any calendar year the Secretary estimates that the national average price of soybeans during the following marketing year for soy- beans would be less than 105 percent of the nonrecourse loan level for soybeans established in section 205 if soybeans were allowed to be planted on up to 25 percent of the crop acreage base under this section, the quantity of the crop acreage base that may be planted to soybeans under this section may not exceed 15 percent of the crop acreage base. "(d) PLANTINGS IN EXCESS OF PERMITTED ACREAGE. —Notwithstanding any other provision of this Act, producers of a program crop who are participating in the production adjustment program for that program crop under this Act shall be allowed to plant that program crop in a quantity that exceeds the permitted acreage for that crop without losing their eligibility for loans, purchases, or payments with respect to that crop under this Act if— "(1) the acreage planted to the program crop on the farm in excess of the permitted acreage does not exceed 25 percent of the crop acreage beises on the farm for other program crops; and "(2) the producer agrees to a reduction in permitted acreage for the other program crops produced on the farm by a quantity equal to the overplanting. "(e) LOAN EuGiBiLiTY.—

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