12 2 STA T . 1 6 6 7PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 begin ning o n Oct obe r1,20 0 7 , a n d ending on t h e date o f enact m ent of thi sA ct .(B)C ro pl and is released from co v erage u nder a con - servation reserve contract b y the S ecretary, or w as released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act. (C) T he 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 F arm Security and R ural I nvestment Act of 2002 (7 U .S.C. 7 9 11(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 PECIAL C ONS E RV A T ION RESERVE ACREA G EPA YM ENT R U LES. — For the crop year in which a base acres ad j ustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive either direct pay- ments and counter-cyclical payments with respect to the acre- age added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (b) P REVENTION O FEX CESS BASE ACRES.— (1) RE Q UIRE D REDUCTION.—If the sum of the base acres for a farm, together with the acreage described in paragraph (2) e x ceeds the actual cropland acreage of the farm, the Sec- retary shall reduce the base acres for 1 or more covered commodities 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) OT H ER ACREAGE.—For purposes of paragraph (1), the Secretary shall include the following
(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 X II of the Food Security Act of 19 85 (1 6 U.S.C. 3 830 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)). (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) SELECTION OF ACRES.—The 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.
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