Page:United States Statutes at Large Volume 116 Part 1.djvu/178

 116 STAT. 152 PUBLIC LAW 107-171—MAY 13, 2002 (I) 70 percent of the projected counter-cyclical payment (including any revision thereof) for the crop of the covered commodity; and (II) the amount of the payment made under clause (i). (iii) FINAL PAYMENT. —The final payment for a covered commodity for a crop year shall be equal to the difference between— (I) the actual counter-cyclical payment to be made to the producers for the covered commodity for that crop year; and (II) the amount of the partial payments made to the producers under clauses (i) and (ii) for that crop year. (B) 2007 CROP YEAR.— (i) FIRST PARTIAL PAYMENT.—For the 2007 crop year, the first partial payment under paragraph (3) to the producers on a farm may not exceed 40 percent of the projected counter-cyclical payment for the covered commodity 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 payment to be made to the producers for the covered commodity 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 that receive a partial payment under this subsection for a crop year shall repay to the Secretary the amount, if any, by which the total of the partial payments exceed the actual counter-cyclical pay- ment to be made for the covered commodity for that crop year. 7 USC 7915. SEC. 1105. PRODUCER AGREEMENT REQUIRED AS CONDITION OF PROVISION OF DIRECT PAYMENTS AND COUNTER- CYCLICAL PAYMENTS. (a) COMPLL\NCE WITH CERTAIN REQUIREMENTS.— (1) REQUIREMENTS.— Before the producers on a farm may receive direct payments or counter-cyclical payments 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 protection requirements under subtitle C of title XII of the Act (16 U.S.C. 3821 et seq.); (C) to comply with the planting flexibility requirements of section 1106; (D) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subtitle C for an

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