Page:United States Statutes at Large Volume 122.djvu/1719

 12 2 STA T . 1 69 6 PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 fromthe f a rm , or w o uld ha v e s hared had the c ro pb ee n produced .(B)HYBRIDSE ED. —I n determ i nin g whether a grower ofh y brid seed is a producer, the S ecretary shall— (i) not ta k e into consideration the e x istence of a hybrid seed contract and (ii) ensure that program re q uirements do not adversely affect the ability of the grower to receive a payment under this subtitle. ( 8 )S TA TE.— T he term ‘ ‘State ’ ’ means— ( A ) a State; (B) the D istrict of C olumbia; (C) the Commonwealth of P uerto R ico; and (D) any other territory or possession of the U nited States. ( 9 ) TAR G ET P RI C E.—The term ‘‘target price’’ means the price per ton of peanuts used to determine the payment rate for counter - cyclical payments. ( 10 )U N ITED STATES.—The term ‘‘United States’’, when used in a geographical sense, means all of the States. SEC.1302 . BA SE AC R ES FO R P EA NUT SFORAFAR M . (a) AD JU ST M ENT OF BASE ACREAGE FOR PEANUTS.— (1) IN GENERA L .—The Secretary shall provide for an ad j ust- ment, as appropriate, in the base acres for peanuts for a farm whenever any of the following circumstances occur

(A) A conservation reserve contract entered into under section 1 23 1 of the F ood Security Act of 198 5 (1 6 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on O ctober 1, 200 7, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a con- servation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Secu- rity and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (2) SPECIAL CONSER V ATION RESERVE ACREAGE PAYMENT RULES.—For the crop year in which a base acres for peanuts adjustment under subparagraph (A) or (B) of 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. (b) PREVENTION OF EX CESS BASE ACRES FOR PEANUTS.— (1) RE Q UIRED 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 7USC8 7 52.

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