PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 153 agricultural or conserving use, and not for a nonagricultural commercial or industrial 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 agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (D). (2) COMPLIANCE.— The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). (3) MODIFICATION. —At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary. (b) TRANSFER OR CHANGE OF INTEREST IN FARM. — (1) TERMINATION.— Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in base acres for which direct payments or countercyclical payments are made shall result in the termination of the payments with respect to the base acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). The termination shall take effect on the date determined by the Secretary. (2) EXCEPTION.—I f a producer entitled to a direct payment or counter-cyclical payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the pa3anent, in accordance with rules issued by the Secretary. (c) ACREAGE REPORTS. —As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (d) TENANTS AND SHARECROPPERS. —In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (e) SHARING OF PAYMENTS. —The Secretary shall provide for the sharing of direct payments and counter-cyclical payments among the producers on a farm on a fair and equitable basis. SEC. 1106. PLANTING FLEXIBILITY. 7 USC 7916. (a) PERMITTED CROPS.— Subject to subsection (b), any commodity or crop may be planted on base acres on a farm. (b) LIMITATIONS REGARDING CERTAIN COMMODITIES.— (1) GENERAL LIMITATION.—The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres unless the commodity, if planted, is destroyed before harvest. (2) TREATMENT OF TREES AND OTHER PERENNIALS.—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. (3) COVERED AGRICULTURAL COMMODITIES.—Paragraphs (1) and (2) apply to the following agricultural commodities: (A) Fruits. (B) Vegetables (other than lentils, mung beans, and dry peas).
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