PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 175 (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 for peanuts. (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). (C) Wild rice. (c) EXCEPTIONS. —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 doublecropping of peanuts with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, 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, except 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 determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that— (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 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. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY 7 USC 7957. PAYMENTS FOR PEANUTS. (a) NONRECOURSE LOANS AVAILABLE.— (1) AVAILABILITY. —For each of the 2002 through 2007 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b). (2) 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. (3) TREATMENT OF CERTAIN COMMINGLED COMMODITIES. — In carrying out this subsection, the Secretary shall make loans to producers on a farm that would be eligible to obtain a marketing assistance loan, but for the fact the peanuts owned by the producers on the farm are commingled with other peanuts in facilities unlicensed for the storage of agricultural commodities by the Secretary or a State licensing authority, if the producers obtaining the loan agree to immediately redeem the loan collateral in accordance with section 166 of the Federal
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