110 STAT. 904 PUBLIC LAW 104-127—APR. 4, 1996 or producer, the provisions of the contract in effect on the date of the foreclosure shall apply. (d) REVIEW. —^A determination of the Secretary under this section shall be considered to be an adverse decision for purposes of the availability of administrative review of the determination. 7 USC 7217. SEC. 117. TRANSFER OR CHANGE OF INTEREST IN LANDS SUBJECT TO CONTRACT. (a) TERMINATION.— Except as provided in subsection (c), a transfer of (or change in) the interest of an owner or producer subject to a contract in the contract acreage covered by the contract shall result in the termination of the contract with respect to the acreage, unless the transferee or owner of the acreage agrees to assume all obligations under the contract. The termination shall be effective on the date of the transfer or change. (b) MODIFICATION.— At the request of the transferee or owner, the Secretary may modify the contract if the modifications are consistent with the objectives of this subtitle, as determined by the Secretary. (c) EXCEPTION.— If an owner or producer who is entitled to a contract payment dies, becomes incompetent, or is otherwise unable to receive the contract payment, the Secretary shall make the pa3n3ient, in accordance with regulations prescribed by the Secretary. 7 USC 7218. SEC. 118. PLANTING FLEXIBILITY. (a) PERMITTED CROPS. —Subject to subsection (b), any commodity or crop may be planted on contract acreage on a farm. (b) LIMITATIONS AND EXCEPTIONS REGARDING FRUITS AND VEGETABLES. — (1) LIMITATIONS.— The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage. (2) EXCEPTIONS. —Paragraph (1) shall not limit the planting of a fruit or vegetable— (A) in any region in which there is a history of doublecropping of contract commodities with fruits or vegetables, as determined by the Secretary, in which case the doublecropping shall be permitted; (B) on a farm that the Secretary determines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or (C) by a producer who the Secretary determines has an established planting history of a specific fruit or vegetable, except that— (i) the quantity planted may not exceed the producer's average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable.
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