12 2 STA T .97 2 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8(i)INGE NE RAL.—TheS e cr e ta r ys ha l l all owp ro -du cers o n a f ar m to ma k e an election to recei v e partial payments under su b para g raph ( A ) at any time but not later than 60 days prior to the end of the marketing year for the crop. (ii) D A T E OFIS S U AN C E.—The Secretary shall issue the partial payment after the date of an announcement by the Secretary but not later than 3 0 days prior to the end of the marketing year. (3) TI M E FOR P ARTIAL PA Y MENTS.— W hen the Secretary makes partial payments for any of the 2 00 8 through 20 1 0 crop years— (A) the first partial payment shall be made after completion of the first 180 days of the marketing year for that crop
and ( B ) the final partial payment shall be made beginning O ctober 1 , or as soon as practicable thereafter, after the end of the applicable marketing year for that crop. ( 4 ) AMOUNT OF PARTIAL PAYMENTS.— (A) F IRST PARTIAL PAYMENT.—For each of the 2008 through 2010 crop years, the first partial payment under paragraph (3) to the producers on a farm may not e x ceed 40 percent of the pro j ected counter-cyclical payment for the crop year, as determined by the Secretary. (B) FINAL PAYMENT.—The final payment for a crop year shall be e q ual to the difference between— (i) the actual counter-cyclical payment to be made to the producers for that crop year; and (ii) the amount of the partial payment made to the producers under subparagraph (A). ( 5 ) R EPAYMENT.—The producers on a farm that receive a partial payment under this subsection for a crop year shall repay to the Secretary the amount, if any, by which the total of the partial payments exceed the actual counter-cyclical pay- ment to be made for that crop year. SEC.1305 . PRODU CER AG REE M E NT RE Q U I RED AS CONDITION ON PRO V ISION O F PA Y MENTS. (a) C OMPLIANCE WIT H CERTAIN RE Q UIREMENTS.— (1) REQUIREMENTS.—Before the producers on a farm may receive direct payments or counter-cyclical payments under this subtitle, or average crop revenue election payments under sec- tion 1105, with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation require- ments under subtitle B of title X II of the Food Security Actof1 9 85 (16 U .S.C. 3811 et seq.); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to comply with the planting flexibility requirements of section 1306; (D) to use the land on the farm, in a quantity equal to the attributable base acres for peanuts and any base acres for the farm under subtitle A, for an agricultural 7USC8 7 5 5 .
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