Page:United States Statutes at Large Volume 122.djvu/1697

 12 2 STA T . 1 674PUBLIC LA W 11 0– 246 —J U NE 1 8, 2008 el e ction to in s te adr ecei v e avera g e cro p reven u e election ( re f erred to in t h is section as ‘ ‘ ACRE’ ’ ) pa ym ents under this section for the initial crop year for w hich the election is made through the 201 2 crop year . (2) LIM I TA TI ON . — (A) I N GE NE R A L .— T he total num b er of planted acres for which the producers on a farm may receive ACRE payments under this section may not e x ceed the total base acreage for all covered commodities and peanuts on the farm. ( B ) ELE C TION.—If the total number of planted acres to all covered commodities and peanuts of the producers on a farm exceeds the total base acreage of the farm , the producers on the farm may choose which planted acres to enroll in the program under this section. ( 3 ) ELECTION TIME F OR ELECTION.— (A) IN GENERAL.—The S ecretary shall provide notice to producers regarding the opportunity to ma k e each of the elections described in paragraph (1). (B) N OTICE RE QU IREMENT S .—The notice shall include— (i) notice of the opportunity of the producers on a farm to make the election; and (ii) 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 sub - mitted to the Secretary. ( 4 ) ELECTION D EADLINE.— W ithin the time period and in the manner prescribed pursuant to paragraph (3), all of the producers on a farm shall submit to the Secretary notice of an election made under paragraph (1). ( 5 ) EFFECT OF FAILURE TO MA K E ELECTION.—If all of the producers on a farm fail to make an election under paragraph (1), make different elections under paragraph (1), or fail to timely notify the Secretary of the election made, as re q uired by paragraph (4), all of the producers on the farm shall be deemed to have made the election to receive counter-cyclical payments under section 1104 or 1304 for all covered commod- ities and peanuts on the farm, and to otherwise not have made the election described in paragraph (1), for the applicable crop years. (b) P A Y MENTS REQUIRED.— (1) IN GENERAL.—In the case of producers on a farm who make an election under subsection (a) to receive ACRE pay- ments for any of the 200 9 through 2012 crop years for all covered commodities and peanuts, the Secretary shall make ACRE payments available to the producers on a farm in accord- ance with this subsection. (2) ACRE P AYMENT.— (A) IN GENERAL.—Sub j ect to paragraph (3), in the case of producers on a farm described in paragraph (1), the Secretary shall make ACRE payments available to the producers on a farm for each crop year if— (i) the actual State revenue for the crop year for the covered commodity or peanuts in the State deter- mined under subsection (c); is less than Notice. Notice.

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