12 2 STA T .968PUBLIC LA W 11 0– 2 34—M A Y 22 , 2008 SEC.1302 . BA SE AC R ES FO R P EA NUT SFORAFAR M . (a)ADJUSTMEN T OFBA SEA CR EA G E FOR P EANUTS .— ( 1 ) I N GENERA L .— TheS e cr e t ar ys ha l l p r ovid e f ora n ad ju st -m ent , as appropriate, in the b ase acres for peanuts for a farm w henever any of the followin g circumstances occur
(A) A conservation reserve contract entered into under section 1 23 1 of the F ood Security Act of 1 985 (1 6U .S. C . 3831) with respect to the farm e x pires or is voluntarily terminated, or was terminated or expired during the period beginning on O ctober 1, 2 0 0 7 , and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a con- servation reserve contract by the Secretary, or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) The producer has 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)). ( D ) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Secu- rity and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (2) S P EC I AL CONSER V ATION RESERVE ACREAGE PA Y MENT RULES.—For the crop year in which a base acres for peanuts adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct payments and counter-cyclical payments with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) PREVENTION OF EX CESS BASE ACRES FOR PEANUTS.— (1) RE Q UIRED REDUCTION.—If the sum of the base acres for peanuts for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for peanuts for the farm or the base acres for 1 or more covered commodities for the farm so that the sum of the base acres for peanuts and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) OT H ER ACREAGE.—For purposes of paragraph (1), the Secretary shall include the following: (A) Any base acres for the farm for a covered com- modity. (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 X II of the Food Security Act of 1985 (16 U.S.C. 3830 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 Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). 7USC8 7 52.
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