Page:United States Statutes at Large Volume 116 Part 1.djvu/195

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 169 notice by that date, the notice shall be submitted in such other manner as the Secretary may prescribe. (c) PAYMENT YIELD.— The average of all of the yields assigned by historic peanut producers under subsection (b) to a farm shall be considered to be the payment yield for that farm for the purpose of making direct payments and counter-cyclical payments under this subtitle. (d) BASE ACRES FOR PEANUTS.—Subject to subsection (e), the total number of acres assigned by historic peanut producers under subsection (b) to a farm shall be considered to be the farm's base acres for peanuts for the purpose of making direct pa3anents and counter-cyclical payments under this subtitle. (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 peanuts for a farm whenever either of the following circumstances occur: (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 for peanuts adjustment under paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments 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) PREVENTION OF EXCESS BASE ACRES FOR PEANUTS.— (1) REQUIRED REDUCTION.— If the sum of the base acres for peanuts 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 peanuts for the farm or the base acres for 1 or more covered commodities under subtitle A for the farm so that the sum of the base acres for peanuts 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: (A) Any base acres for the farm under subtitle A. (B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.). (C) Any other acreage on the farm enrolled in a conservation program foy which payments are made in exchange for not producing an agricultural commodity on the acreage. (3) SELECTION OF ACRES.— The Secretary shall give the owner of the farm the opportunity to select the base acres for peanuts or the subtitle A base acres against which the reduction required by paragraph (1) will be made. (4) EXCEPTION FOR DOUBLE-CROPPED ACREAGE.—In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

�