12 2 STA T .973PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8orc o nse r vi n gu se ,a n d no tf or a nonagricu l tural co m mer - cial, industrial, or residential use, as determined by t h e S ecretary
and (E) to effectively control no x ious w eeds and otherwise maintain the land in accordance with sound agricultural p ractices, as determined by the Secretary, if the agricul- tural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph ( D ) . ( 2 ) COMPLIANCE . —T he Secretary may issue such rules as the Secretary considers necessary to ensure producer compli- ance with the re q uirements of paragraph ( 1 ). ( 3 ) M O D I F ICA T ION.— A t the request of the transferee or owner, the Secretary may modify the requirements of this sub- section if the modifications are consistent with the ob j ectives of this subsection, as determined by the Secretary. (b) T R AN S FERORC H AN G EOF I NTEREST IN F ARM.— (1) TERMINATION.— (A) IN GENERAL.—Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm in the base acres for peanuts for which direct payments or counter-cyclical payments are made, or on which average crop revenue election payments are based, shall result in the termination of the direct payments, counter-cyclical payments, or average crop revenue election payments to the extent the payments are made or based on the base acres, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). ( B ) EFFECTI V E DATE.—The termination shall ta k e effect on the date determined by the Secretary. (2) E X CEPTION.—If a producer entitled to a direct payment, counter-cyclical payment, or average crop revenue election pay- ment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary. (c) ACREAGE R EPORTS.— (1) IN GENERAL.—As a condition on the receipt of any benefits under this subtitle, the Secretary shall require pro- ducers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (2) P ENALTIES.— 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 knowingly and willfully falsified the acreage report. (d) TENANTS AND SHARECROPPERS.—In carrying out this sub- title, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (e) SHARING OF PA Y MENTS.—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 CROPS.—Subject to subsection (b), any com- modity or crop may be planted on the base acres for peanuts on a farm. (b) L IMITATIONS REGARDING CERTAIN COMMODITIES.— 7USC8 7 56.
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