Page:United States Statutes at Large Volume 110 Part 1.djvu/922

 110 STAT. 898 PUBLIC LAW 104-127—APR. 4, 1996 shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract. (13) SECRETARY. — The term "Secretary" means the Secretary of Agriculture. (14) STATE. —The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (15) UNITED STATES.— The term "United States", when used in a geographical sense, means all of the States. Subtitle B—Production Flexibility Contracts 7 USC 7211. SEC. 111. AUTHORIZATION FOR USE OF PRODUCTION FLEXIBILITY CONTRACTS. (a) OFFER AND TERMS. —The Secretary shall offer to enter into a production flexibility contract with an eligible owner or producer described in subsection (b) on a farm containing eligible cropland. Under the terms of a contract, the owner or producer shall agree, in exchange for annual contract payments, to— (1) 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.); (2) comply with applicable wetland protection requirements under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.); (3) comply with the planting flexibility requirements of section 118; and (4) use the land subject to the contract for an agricultural or related activity, but not for a nonagricultural commercial or industrial use, as determined by the Secretary. (b) ELIGIBLE OWNERS AND PRODUCERS DESCRIBED.— The following producers and owners shall be eligible to enter into a contract: (1) An owner of eligible cropland who assumes all or a part of the risk of producing a crop. (2) A producer (other than an owner) on eligible cropland with a share-rent lease of the eligible cropland, regardless of the length of the lease, if the owner enters into the same contract. (3) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring on or after September 30, 2002, in which case the owner is not required to enter into the contract. (4) A producer (other than an owner) on eligible cropland who cash rents the eligible cropland under a lease expiring before September 30, 2002. The owner of the eligible cropland may also enter into the same contract. If the producer elects to enroll less than 100 percent of the eligible cropland in the contract, the consent of the owner is required. (5) An owner of eligible cropland who cash rents the eligible cropland and the lease term expires before September 30, 2002, if the tenant declines to enter into a contract. In the case of an owner covered by this paragraph, contract payments

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