Page:United States Statutes at Large Volume 116 Part 1.djvu/194

 116 STAT. 168 PUBLIC LAW 107-171—MAY 13, 2002 (C) PROPORTIONAL SHARES.—I f more than 1 historic peanut producer shared in the risk of producing the crop on a farm, the historic peanut producers shall receive their proportional share of the number of acres planted (or prevented from being planted) to peanuts for harvest on the farm based on the sharing arrangement that was in effect among the producers for the crop. (3) TIME FOR DETERMINATIONS.—The Secretary shall make the determinations required by this subsection as soon as practicable after the date of enactment of this Act. (4) SPECIAL CONSIDERATIONS.— In making the determinations required by this subsection, the Secretary shall take into account changes in the number, identity, or interest of producers sharing in the risk of producing a peanut crop since the 1998 crop year, including providing a method for the assignment of average acres and average yield to a farm— (A) when an historic peanut producer is no longer living; (B) when an entity composed of historic peanut producers has been dissolved; or (C) in other appropriate situations, as determined by the Secretary. (b) ASSIGNMENT OF AVERAGE YIELDS AND AVERAGE ACREAGE TO FARMS. — (1) ASSIGNMENT BY HISTORIC PEANUT PRODUCERS.— The Secretary shall give each historic peanut producer an opportunity to assign the average peanut yield and average acreage determined under subsection (a) for each farm of the historic peanut producer to cropland on that farm or another farm in the same State or a contiguous State. (2) LIMITATION ON ACREAGE ASSIGNMENT.— Notwithstanding paragraph (1), the average acreage determined under subsection (a)(2) for a farm may not be assigned to a farm in a contiguous State unless— (A) the historic peanut producer making the assignment produced peanuts in that State during at least 1 of the 1998 through 2001 crop years; or (B) as of March 31, 2003, the historic peanut producer is a producer on a farm in that State. (3) NOTICE OF ASSIGNMENT OPPORTUNITY.—The Secretary shall provide notice to historic peanut producers regarding their opportunity to assign average peanut yields and average acreages to farms under paragraph (1). The notice shall include the following: (A) Notice that the opportunity to make the assignments is being provided only once. (B) A description of the limitation in paragraph (2) on their ability to make the assignments. (C) Information regarding the manner in which the assignments must be made and the time periods and manner in which notice of the assignments must be submitted to the Secretary. (4) ASSIGNMENT DEADLINES.—Not later than March 31, 2003, an historic peanut producer shall submit to the Secretary notice of the assignments made by the producer under this subsection. If an historic peanut producer fails to submit the

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