12 2 STA T . 1 70 2 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 (1)INGE NE RAL.—Asacondit ionont her ecei p to f an yb enefits u nder this subtit l e , the S ecretary shall re q uire pro - ducers on a far m to submit to the Secretary annual acrea g e reports w ith respect to all cropland on the farm. ( 2 ) P ENAL TI E S .— N o penalty with respect to benefits under this subtitle shall be assessed against the producers on a farm for an inaccurate acreage report unless the producers on the farm k nowingly and willfully falsified the acreage report. (d) T ENANTS AN D S H ARE C R OP PERS.—In carrying out this sub- title, the Secretary shall pro v ide adequate safeguards to protect the interests of tenants and sharecroppers. (e) SHARING O F PA YM ENTS.—The Secretary shall provide for the sharing of direct payments, counter-cyclical payments, or aver- age crop revenue election payments under section 11 05 among the producers on a farm on a fair and equitable basis. SEC.1306 . PLANTI N GF LE X I B ILIT Y . (a) PERMITTED C ROPS.—Sub j ect to subsection (b), any com- modity or crop may be planted on the base acres for peanuts on a farm. (b) L IMITATIONS R EGARDING CERTAIN COMMODITIES.— (1) G ENERAL LIMITATION.—The planting of an agricultural commodity specified in paragraph ( 3 ) shall be prohibited on base acres for peanuts unless the commodity, if planted, is destroyed before harvest. (2) TREATMENT OF TREES AND OTHER PERENNIALS.—The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres for peanuts. (3) CO V ERED AGRIC U LTURAL COMMODITIES.—Paragraphs (1) and (2) apply to the following agricultural commodities
(A) F ruits. ( B ) V egetables (other than mung beans and pulse crops). (C) W ild rice. (c) EX CEPTIONS.—Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection— (1) in any region in which there is a history of double- cropping of peanuts with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on the base acres for peanuts, e x cept that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or (3) by the producers on a farm that the Secretary deter- mines has an established planting history of a specific agricul- tural commodity specified in subsection (b)(3), except that— (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1 9 91 through 1995 or 199 8 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and 7USC8 7 56.
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