16 U.S.C. § 3836
Section 3836 · Base history
Amended 3 times on record
Notwithstanding sections 3811 and 3821 of this title, the Secretary, by appropriate regulation, may provide for preservation of cropland base and allotment history applicable to acreage converted from the production of agricultural commodities under this section, for the purpose of any Federal program under which the history is used as a basis for participation in the program or for an allotment or other limitation in the program, unless the owner and operator agree under the contract to retire permanently that cropland base and allotment history.
The Secretary shall offer the owner or operator of a farm or ranch an opportunity to extend the preservation of cropland base and allotment history pursuant to subsection (a) of this section for such time as the Secretary determines to be appropriate after the expiration date of a contract under this subpart at the request of such owner or operator. In return for such extension, the owner or operator shall agree to continue to abide by the terms and conditions of the original contract, except that—
(1) such owner or operator shall receive no additional cost share, annual rental, or bonus payment; and
(2) the Secretary may permit, subject to such terms and conditions as the Secretary may impose, haying and grazing of acreage subject to such agreement, except during any consecutive 5 month period that is established by the State committee. Each 5 month period shall be established during the period beginning April 1 and ending October 31 of a year. In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage.
In addition to any other remedy prescribed by law, the Secretary may reduce or terminate the amount of cropland base and allotment history preserved pursuant to subsection (b) of this section for acreage with respect to which a violation of a term or condition occurs.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2001—Subsec. (a). Pub. L. 107–76, §759(b)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “A reduction, based on a ratio between the total cropland acreage on the farm and the acreage placed in the conservation reserve authorized by this subpart, as determined by the Secretary, shall be made during the period of the contract, in the aggregate, in crop bases, quotas, and allotments on the farm with respect to crops for which there is a production adjustment program.”
Subsec. (b). Pub. L. 107–76, §759(b)(1)(B), (C), redesignated subsec. (c) as (b) and substituted “subsection (a)” for “subsection (b)” in introductory provisions. Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 107–76, §759(b)(1)(B), (D), redesignated subsec. (d) as (c) and substituted “subsection (b)” for “subsection (c)”. Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 107–76, §759(b)(1)(B), redesignated subsec. (d) as (c).
1990—Subsec. (a). Pub. L. 101–624, §1447(a), substituted reference to this subpart for reference to this subchapter.
Subsecs. (c), (d). Pub. L. 101–624, §1436, added subsecs. (c) and (d).
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–76 applicable beginning with the 2002 crop, see section 759(b)(3) of Pub. L. 107–76, set out as a note under section 3832 of this title.