12 2 STA T .96 9 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8(E)IftheS e cr et a r yd e sign ates additi o na l oilseeds , any eligi b le oilseed acreage, w hich shall be deter m ined in the same manner as eligible oilseed acreage u nder section 1 1 0 1(a)( 2 ) of the F arm Security and R ural In v estment A ct of 2002 ( 7U. S. C .7 9 11(a)(2)). ( 3 )S EL E CTION O FA C R E S . —T he Secretary shall give the owner of the farm the o p portunity to select the base acres for peanuts or the base acres for covered commodities against which the reduction re q uired by paragraph (1) will be made. ( 4 )E X CE P TION FOR D O UB LE - CROPPED ACREA G E.—In applying paragraph (1), the Secretary shall ma k eane x ception 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 1101(b) when applying the requirements of this subsection. (c) REDUCTION IN B ASE 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 peanuts 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 peanuts for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the si z e of 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 (ii) is likely to be returned to the previous agricul- tural use. (B) REQUIREMENT.—The Secretary shall establish procedures to identify land described in subparagraph (A). (3) RE V IEW AND REPORT.—Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall submit to Congress a report that describes the results of the actions taken under paragraph (2). (d) TREATMENT OF FARMS W IT HL IMITED BASE ACRES.— (1) P ROHIBITION ON PAYMENTS.—Except as provided in paragraph (2) and notwithstanding 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 10 acres or less, as determined by the Secretary. (2) EXCEPTIONS.—Paragraph (1) shall not apply to a farm owned by— (A) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural D evelopment Act (7 U.S.C. 2003(e)); or (B) a limited resource farmer or rancher, as defined by the Secretary. (3) DATA COLLECTION AND PUBLICATION.—The Secretary shall— Procedu re s.
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