Page:United States Statutes at Large Volume 122.djvu/1724

 12 2 STA T . 1 70 1 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 SEC.1305 . PRODU CER AG REE M E NT RE Q U I RED AS CONDITION ON PRO V ISION O F PA Y MENTS. (a)COMPLIANCEW I TH CE R TAIN R E QU IREMENT S.— ( 1 ) REQUIREMENTS.— Befor e th e p ro duc er s o n a far m ma y rece iv e direct payments or counter - cyc l ical payments under this su b title , or avera g e crop revenue election payments under sec- tion 11 05, w ith respect to the farm, the producers shall agree, during the crop year for which the payments are made and ine x change for the payments— ( A ) to comply with applicable conservation re q uire- ments under subtitle B of title XI Iofthe F ood S ecurity Actof1 98 5(1 6U .S.C. 3 811 et seq.) (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 38 2 1 et seq.); (C) to comply with the planting flexibility requirements of section 1306; ( D ) to use the land on the farm, in a quantity equal to the attributable base acres for peanuts and any base acres for the farm under subtitle A, for an agricultural or conserving use, and not for a nonagricultural commer- cial, industrial, or residential use, as determined by the Secretary; and ( E ) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricul- tural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D). (2) COMPLIANCE.— T he Secretary may issue such rules as the Secretary considers necessary to ensure producer compli- ance with the requirements of paragraph (1). (3) M O D I F ICATION.—At the request of the transferee or owner, the Secretary may modify the requirements of this sub- section if the modifications are consistent with the ob j ectives of this subsection, as determined by the Secretary. (b) TRANSFER OR CHAN G E OF INTEREST IN FARM.— (1) TERMINATION.— (A) IN GENERAL.—Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in the base acres for peanuts for which direct payments or counter-cyclical payments are made, or on which average crop revenue election payments are based, shall result in the termination of the direct payments, counter-cyclical payments, or average crop revenue election payments to the extent the payments are made or based on the base acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). (B) EFFECTI V E DATE.—The termination shall ta k e effect on the date determined by the Secretary. (2) E X CEPTION.—If a producer entitled to a direct payment, counter-cyclical payment, or average crop revenue election pay- ment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary. (c) ACREAGE REPORTS.— 7USC8 7 5 5.

�