Page:United States Statutes at Large Volume 116 Part 1.djvu/172

 116 STAT. 146 PUBLIC LAW 107-171—MAY 13, 2002 shall provide notice to owners of farms regarding their opportunity to make the election described in subsection (a). The notice shall include the following: (A) Notice that the opportunity of an owner to make the election is being provided only once. (B) Information regarding the manner in which the election must be made and the time periods and manner in which notice of the election must be submitted to the Secretary. (2) ELECTION DEADLINE.— Within the time period and in the manner prescribed pursuant to paragraph (1), the owner of a farm shall submit to the Secretary notice of the election made by the owner under subsection (a). (c) EFFECT OF FAILURE TO MAKE ELECTION.— I f the owner of a farm fails to make the election under subsection (a) or fails to timely notify the Secretary of the election made, as required by subsection (b), the owner shall be deemed to have made the election described in subsection (a)(1)(B) to determine base acres for all covered commodities on the farm. (d) APPLICATION OF ELECTION TO ALL COVERED COMMODITIES.— The election made under subparagraph (A) or (B) of subsection (a)(1), or deemed to be made under subsection (c), with respect to a farm shall apply to all of the covered commodities on the farm. (e) TREATMENT OF CONSERVATION RESERVE CONTRACT ACRE- AGE.— (1) IN GENERAL.—The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever either of the following circumstances occurs: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary. (2) SPECIAL PAYMENT RULES. — For the crop year in which a base acres adjustment under paragraph (1) is first made, the owner of the farm shall elect to receive either direct pay- ments 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. (f) PAYMENT ACRES. —The payment acres for a covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity. (g) PREVENTION OF EXCESS BASE ACRES. — (1) REQUIRED REDUCTION.— I f the sum of the base acres for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm or the base acres for peanuts for the farm under subtitle C so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) OTHER ACREAGE.—For purposes of paragraph (1), the Secretary shall include the following:

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