12 2 STA T .93 9 PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8(2)exc ee dsth e a ct u a l c rop la n d acrea g eo f the far m, the S ec - retar y shall reduce the b ase acres for 1 or more co v ered commod i ties for the farm or the base acres for peanuts for the farm so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm . (2) OTHERAC REA G E. —F or purposes of paragraph (1), the Secretary shall include the follo w ing
( A ) Any base acres for peanuts for the farm. ( B ) Any acreage on the farm enrolled in the conserva- tion reserve program or wetlands reserve program under chapter 1 of subtitle D of title XI I of the Food Security Actof1 985 (1 6U .S. C . 3 83 0 et se q .). (C) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (D) Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and R ural Investment Act of 2002 ( 7 U.S.C. 7911(a)(2)). ( E ) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (3) SE L ECT ION O F ACRE S .— T he Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or the base acres for peanuts for the farm against which the reduction required by paragraph (1) will be made. ( 4 )E X CE P TION FOR D O UB LE-CROPPED ACREAGE.—In applying paragraph (1), the Secretary shall ma k e an exception in the case of double cropping, as determined by the Secretary. (5) COORDINATED APPLICATION OF RE Q UIRE M ENTS.—The Secretary shall take into account section 1302(b) when applying the requirements of this subsection. (c) REDUCTION IN BASE ACRES.— (1) REDUCTION AT OPTION OF O W NER.— (A) IN GENERAL.—The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm. (B) EFFECT OF REDUCTION.—A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. (2) REQUIRED ACTION B Y SECRETARY.— (A) IN GENERAL.—The Secretary shall proportionately reduce base acres on a farm for covered commodities for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the si z eof the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agricultural production
or
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