Page:United States Statutes at Large Volume 116 Part 1.djvu/171

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 145 drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary. (B) Subject to paragraph (3), the sum of the following: (i) The contract acreage (as defined in section 102 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7202)) used by the Secretary to calculate the fiscal year 2002 payment authorized under section 114 of such Act (7 U.S.C. 7214) for the covered commodities on the farm. (ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the Secretary under paragraph (2). (2) ELIGIBLE OILSEED ACREAGE.— (A) CALCULATION. —For purposes of paragraph (l)(B)(ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in paragraph (1)(A), except that the total acreage for all oilseeds on the farm for a crop year may not exceed the difference between— (i) the total acreage determined under paragraph (1)(A) for all covered commodities for that crop year; and (ii) the total contract acreage determined under paragraph (l)(B)(i). (B) EFFECT OF NEGATIVE NUMBER.—I f the subtraction performed under subparagraph (A) results in a negative number, the eligible oilseed acreage on the farm for that crop year shall be zero for purposes of determining the 4-year average. (C) OFFSET OF CONTRACT ACREAGE.—The owner of a farm may increase the eligible acreage for an oilseed on the farm by reducing the contract acreage determined under paragraph (l)(B)(i) for 1 or more covered commodities on an acre-for-acre basis, except that the total base acreage for each oilseed on the farm may not exceed the 4-year average of each oilseed determined under paragraph (l)(B)(ii). (3) INCLUSION OF ALL 4 YEARS IN AVERAGE. —For the purpose of determining a 4-year acreage average under this subsection for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted. (4) TREATMENT OF MULTIPLE PLANTING OR PREVENTED PLANTING. —For the purpose of determining under paragraph (1)(A) the acreage on a farm that producers planted or were prevented from planting during the 1998 through 2001 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner may elect the commodity to be used for that crop year in determining the 4-year average, but may not include both the initial commodity and the subsequent commodity. (b) SINGLE ELECTION; TIME FOR ELECTION. — (1) NOTICE OF ELECTION OPPORTUNITY.— As soon as practicable after the date of enactment of this Act, the Secretary

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