12 2 STA T . 1 698PUBLIC LA W 11 0– 2 4 6 —J U NE 18 , 2008 (3)REVI E WANDR E PO R T.—Eachye a r,to e nsu re, to the m a xi mum extent p ractica bl e, that payments are recei v e d only by producers, the S ecretary shall submit to C on g ress a report that describes the results o f the actions ta k en under paragraph ( 2 ). (d) T REAT M ENT O FF ARM SW IT HL IMITED B ASE AC RES.— ( 1 ) P ROHI B ITION ON PA Y MENTS.—Except as provided in paragraph (2) and not w ithstanding any other provision of this title, a producer on a farm may not receive direct payments, counter - cyclical payments, or average crop revenue election pay- ments if the sum of the base acres of the farm is 1 0 acres or less, as determined by the Secretary. (2) E X CEPTIONS.—Paragraph (1) shall not apply to a farm owned by— (A) a socially disadvantaged farmer or rancher (as defined in section 3 5 5(e) of the Consolidated Farm and Rural D evelopment Act ( 7U .S.C. 2003(e))
or (B) a limited resource farmer or rancher, as defined by the Secretary. (3) DATA CO L LECTION AND P U BLICATION.—The Secretary shall— (A) collect and publish segregated data and survey information about the farm profiles, utili z ation of land, and crop production; and (B) perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section. SEC.130 3. AV A IL A B ILI TYOFD I R ECT P AY M E N TS FOR PEAN U TS. (a) PAYMENT RE Q UIRED.—For each of the 200 8 through 2012 crop years for peanuts, the Secretary shall make direct payments to the producers on a farm for which a payment yield and base acres for peanuts are established. (b) PAYMENT RATE.—Except as provided in section 1105, the payment rate used to make direct payments with respect to peanuts for a crop year shall be e q ual to $ 3 6 per ton. (c) PAYMENT AMOUNT.—The amount of the direct payment to be paid to the producers on a farm for peanuts for a crop year shall be equal to the product of the following
(1) The payment rate specified in subsection (b). (2) The payment acres on the farm. (3) The payment yield for the farm. (d) TIME FOR PAYMENT.— (1) I N G ENERAL.—Except as provided in paragraph (2), in the case of each of the 2008 through 2012 crop years, the Secretary may not make direct payments under this section before O ctober 1 of the calendar year in which the crop is harvested. (2) ADVANCE PAYMENTS.— (A) OPTION.— (i) IN GENERAL.—At the option of the producers on a farm, the Secretary shall pay in advance up to 22 percent of the direct payment for peanuts for any of the 2008 through 2011 crop years to the pro- ducers on a farm. (ii) 2008 CROP YEAR.—If the producers on a farm elect to receive advance direct payments under clause 7USC8 7 53.
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