Page:United States Statutes at Large Volume 122.djvu/997

 12 2 STA T .974PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 200 8(1)GEN E RAL L IM I T ATI O N .—Theplanti n gof an ag r i cu ltural co m mo d it ys pecified in paragraph ( 3 ) shall b e prohibited on base acres for peanuts unless the commodity , if planted, is destroyed before har v est. ( 2 ) TREATMENT O F TREE S AN D OT H ER P ERENNIALS.—The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres for peanuts. (3) C O V ERED A G RI CU LTURAL COMMODITIES.— P aragraphs (1) and (2) apply to the follo w ing agricultural commodities

( A ) F ruits. ( B ) V egetables (other than mung beans and pulse crops). (C) W ild rice. (c) EX CEPTIONS.—Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection— (1) in any region in which there is a history of double - cropping of peanuts with agricultural commodities specified in subsection (b)(3), as determined by the S ecretary, in which case the double-cropping shall be permitted (2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on the base acres for peanuts, e x cept that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or (3) by the producers on a farm that the Secretary deter- mines has an established planting history of a specific agricul- tural commodity specified in subsection (b)(3), except that— (A) the q uantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1 9 91 through 199 5 or 199 8 through 2 0 01 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity. SEC.1307 . MARK E TING ASSISTANCE LO ANS AN D LOAN DE F ICIENC YP AYMENTS FOR PEAN U TS. (a) N ONRECOURSE L OANS AVAILA B LE.— (1) AVAILABILIT Y .—For each of the 2008 through 2012 crops of peanuts, the Secretary shall ma k e available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm. (2) TERMS AND CONDITIONS.—The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b). (3) ELIGIBLE PRODUCTION.—The producers on a farm shall be eligible for a marketing assistance loan under this subsection for any quantity of peanuts produced on the farm. ( 4 ) O PTIONS FOR OBTAINING LOAN.—A marketing assistance loan under this subsection, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through— 7USC8 7 5 7.

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