Page:United States Statutes at Large Volume 99 Part 2.djvu/352

 99 STAT. 1462

PUBLIC LAW 99-198—DEC. 23, 1985

planted to such crop for harvest on the farm in each of the two crop years preceding such crop year. "(2) The acreage considered planted to a program crop shall include— "(A) any reduced acreage, set-aside acreage, and diverted ' acreage on the farm; "(B) any acreage on the farm that producers were prevented from planting to such crop because of drought, flood, or other natural disaster, or other condition beyond the control of the j; ,^ producers; "(C) acreage in an amount equal to the difference between the permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is planted to a nonprogram crop, other than soybeans and extra long staple cotton; and "(D) any acreage on the farm which the Secretary determines is necessary to h^ included in establishing a fair and equitable crop acreage base. Regulations. "(3) For the purpose of determining the crop acreage base for the 1986 and subsequent crop years for any farm, the county committee, in accordance with regulations prescribed by the Secretary, may construct a planting history for such crop if— "(A) planting records for such crop for any of the five crop years preceding such crop year are incomplete or unavailable; or "(B) during at least one but not more than four of the five crop years preceding such crop year, the program crop was not ,.:,,,., produced on the farm. r;: "(c) The Secretary may make adjustments to reflect crop rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable crop acreage base. "(d) If a county committee determines, in accordance with regulations prescribed by the Secretary, that the occurrence of a natural disaster or other similar condition beyond the control of the producer prevented the planting of a program crop on any farm within the county (or substantially destroyed any such program crop after it had been planted but before it had been harvested), the producer may plant any other crop, including any other program crop, on the acreage of such farm that, but for the occurrence of such disaster or other condition, would have been devoted to the production of a progam crop. For purposes of determining the farm acreage base or the crop acreage base, any acreage on the farm on which a substitute crop, including any program crop, is planted under this subsection shall be taken into account as if such acreage had been planted to the program crop for which the other crop was substituted. Prohibition. "SEC. 505. (a) The Secretary may provide for an upward adjust7 USC 1465. ment of any crop acreage base for any farm for any crop year. Except as provided in subsection (b), such adjustment may not exceed the number of acres that is equal to 10 percent of the farm acreage base for such farm for such crop year. Any upward adjustment in a crop acreage base must be offset by an equivalent downward adjustment in one or more other crop acreage bases •' established for the farm for such crop year. "(b) The Secretary may suspend, on a nationwide basis, any limitation contained in subsection (a) with respect to the crop

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