Page:United States Statutes at Large Volume 122.djvu/972

 12 2 STA T .94 9 PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 200 8yearund er this se c ti o n sha l l b ee q ual to the p roduct obtained by m ultiplyin g—(1) the lesser o f — ( A ) the difference bet w een— (i) the A CRE program guarantee for the crop year for the co v ered commodity or peanuts in the S tate determined under subsection (d) and (ii) the actual State revenue from the crop year for the covered commodity or peanuts in the State determined under subsection (c); and ( B ) 25 percent of the ACRE program guarantee for the crop year for the covered commodity or peanuts in the State determined under subsection (d); (2)(A) for each of the 2 0 0 9 through 2011 crop years ,83. 3 percent of the acreage planted or considered planted to the covered commodity or peanuts for harvest on the farm in the crop year; and (B) for the 2012 crop year, 85 percent of the acreage planted or considered planted to the covered commodity or peanuts for harvest on the farm in the crop year; and (3) the quotient obtained by dividing— (A) the average yield per planted acre for the covered commodity or peanuts of the producers on the farm for the most recent 5 crop years, e x cluding each of the crop years with the highest and lowest yields; by (B) the benchmar k State yield for the crop year, as determined under subsection (d)(2). SEC.1 1 06 . PRODU CER AG REE M E NT RE Q U I RED AS CONDITION O F PRO V ISION OF PA Y MENTS. (a) C OMPLIANCEW I TH CE R TAIN RE QU IREMENT S .— (1) REQUIREMENTS.—Before the producers on a farm may receive direct payments, counter - cyclical payments, or average crop revenue election payments with respect to the farm, the producers shall agree, during the crop year for which the pay- ments are made and in exchange for the payments— (A) to comply with applicable conservation require- ments under subtitle B of title XI Iofthe F ood Security Act of 1985 (1 6U .S.C. 3811 et seq.); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to comply with the planting flexibility requirements of section 110 7 ( D ) to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for peanuts for the farm under subtitle C, for an agricultural or conserving use, and not for a non- agricultural commercial, 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). 7USC8 7 16.

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