7 U.S.C. § 1463
Section 1463 · Crop acreage bases
Amended 7 times on record
(1) In general
The Secretary shall provide for the establishment and maintenance of crop acreage bases for each program crop, including any program crop produced under an established practice of double cropping.
(2) Limitation
The sum of the crop acreage bases on the farm may not exceed the cropland on the farm, except to the extent there is an established practice of double cropping on the farm.
(3) “Double cropping” defined
As used in this subsection, the term “double cropping” means a farming practice, as defined by the Secretary, that has been carried out on a farm during at least 3 of the 5 crop years immediately preceding the crop year for which the crop acreage base for the farm is established.
(1) In general
Except as provided in paragraph (2), the crop acreage base for each program crop for a farm for a crop year shall be the number of acres that is equal to the average of the acreage planted and considered planted to the program crop for harvest on the farm in each of the 5 crop years preceding the crop year.
(2) Cotton and rice
(A) In general
In the case of upland cotton and rice, except as provided in subparagraph (B), the crop acreage base for such crop shall be equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the 3 crop years preceding such crop year.
(B) Exception
(i) 1991 crops
In the case of each of the 1991 crops of upland cotton and rice, if the producers on a farm did not participate in the production adjustment program established for the 1989 and 1990 crops of upland cotton and rice, respectively, the crop acreage base for the 1991 crop shall be equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the 5 crop years preceding the 1991 crop year, excluding all crop years in which planted and considered planted acreage was not established for the farm. Any crop acreage base established in accordance with this subparagraph shall not exceed a number of acres equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the 2 crop years preceding the 1991 crop year.
(ii) 1992 crops
In the case of each of the 1992 crops of upland cotton and rice, if the producers on a farm did not participate in the production adjustment program established for the 1990 and 1991 crops of upland cotton and rice, respectively, the crop acreage base for the 1992 crop shall be equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the 5 crop years preceding the 1992 crop year, excluding all crop years in which planted and considered planted acreage was not established for the farm. Any crop acreage base established in accordance with this subparagraph shall not exceed a number of acres equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the 2 crop years preceding the 1992 crop year.
For purposes of this Act, acreage considered planted to a program crop shall consist of—
(1) any reduced acreage and diverted acreage on the farm;
(2) any acreage on the farm that producers were prevented from planting to the crop because of drought, flood, or other natural disaster, or other condition beyond the control of the producers;
(3) acreage in an amount equal to the difference between the permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is devoted to conservation uses or the production of commodities permitted by the Secretary under the programs established for any of the 1991 through 1997 crops of wheat, feed grains, upland cotton, and rice established under sections 1445b–3a(c)(1)(E), 1444f(c)(1)(E), 1444–2(c)(1)(D), and 1441–2(c)(1)(D) of this title, respectively;
(4) acreage in an amount equal to the difference between the permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is devoted to the production of commodities in accordance with section 1464 of this title;
(5) any acreage on the farm that the Secretary determines is necessary to be included in establishing a fair and equitable crop acreage base;
(6) acreage in an amount not to exceed 20 percent of the crop acreage base for a crop of feed grains or wheat if—
(A) the acreage is planted to dry peas,1 (limited to Austrian peas, wrinkled, seed, green, yellow, and umatilla) and lentils; and
(B) payments are not received by producers under sections 1444f(c)(1)(E) and 1445b–3a(c)(1)(E) of this title, as the case may be;
(7) the crop acreage base for the crop, if producers on the farm forgo receiving any payments under the program established under subchapter II of this chapter for the crop and certify that no acreage on the farm was planted to—
(A) the crop; or
(B) any fruit or vegetable crop (including potatoes and dry edible beans) not designated as an industrial or experimental crop by the Secretary, in excess of normal plantings; and
(8) any acreage on the farm for which the crop acreage base for the crop on the farm was adjusted because of a condition or occurrence beyond the control of the producer pursuant to subsection (h) of this section.
For the purpose of determining the crop acreage base for the 1991 and subsequent crop years for any farm, the county committee, in accordance with regulations prescribed by the Secretary, may construct a planting history for such crop if—
(1) planting records for such crop for any of the 5 crop years preceding such crop year are incomplete or unavailable; or
(2) during at least one but not more than 4 of the 5 crop years preceding such crop year, the program crop was not produced on the farm.
The Secretary shall make adjustments to reflect crop rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable crop acreage base, including adjustments necessary to enable producers to meet the requirements of title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
If a county committee determines, in accordance with regulations prescribed by the Secretary, that the occurrence of a natural disaster or other similar condition beyond the control of the producer prevented the planting of a program crop on any farm within the county (or substantially destroyed any such program crop after it had been planted but before it had been harvested), the producer may plant any other crop, including any other program crop, on the acreage of such farm that, but for the occurrence of such disaster or other condition, would have been devoted to the production of a program crop. For purposes of determining the crop acreage base, any acreage on the farm on which a substitute crop, including any program crop, is planted under this subsection shall be taken into account as if such acreage had been planted to the program crop for which the other crop was substituted.
A producer who is eligible to receive a deficiency payment for any program crop or crop of extra long staple cotton in any crop year with respect to a farm may not use the acreage planted or considered planted to any program crop or crop of extra long staple cotton on the farm in the crop year to increase any crop acreage base established for the farm in a subsequent crop year.
(1) In general
The county committee, in accordance with regulations prescribed by the Secretary, may adjust any crop acreage base for any program crop for any farm if the crop acreage base for the crop on the farm would otherwise be adversely affected by a condition or occurrence beyond the control of the producer.
(2) Restoration of crop acreage base
(A) In general
For the 1992 through 1997 crop years, the county committee shall allow an eligible producer to increase individual crop acreage bases on the farm, subject to subsection (a)(2) of this section, above the levels of base that would otherwise be established under this section, in order to restore the total of crop acreage bases on the farm for the 1992 through 1997 crop years to the same level as the total of crop acreage bases on the farm for the 1990 crop year.
(B) “Eligible producer” defined
For the purposes of this paragraph, the term “eligible producer” means a producer of upland cotton or rice who, the appropriate county committee determines—
(i) was required to reduce one or more individual crop acreage bases on the farm during the 1991 crop year in order to comply with subsection (a)(2) of this section and the change in the calculation of cotton and rice crop acreage bases to a 3-year formula as provided in this section; and
(ii) has participated in the price support program during the 1991 crop year and each subsequent crop year through the current crop year.
(C) Regulations
The Secretary shall issue regulations to carry out this paragraph.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This Act, referred to in subsec. (c), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (§1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
The Food Security Act of 1985, referred to in subsec. (e), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354, as amended. Title XII of the Act, popularly known as the “Sodbuster Law”, is classified principally to chapter 58 (§3801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
Prior Provisions
A prior section 1463, act Oct. 31, 1949, ch. 792, title V, §503, as added July 12, 1951, ch. 223, 65 Stat. 120; amended Aug. 9, 1955, ch. 679, §3, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87–345, §2, 75 Stat. 761, related to certification of need for workers, consultation with employers and workers, and posting of information as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964.
A prior section 1463a, act Oct. 31, 1949, ch. 792, title V, §504, as added Oct. 3, 1961, Pub. L. 87–345, §3, 75 Stat. 761, restricted duration and nature of employment as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964.
Amendments
1993—Subsec. (c)(3). Pub. L. 103–66, §1101(b)(2)(A)(i), struck out “0/92 or 50/92” before “programs established” and substituted “1997” for “1995”.
Subsec. (h)(2)(A). Pub. L. 103–66, §1101(b)(2)(A)(ii), substituted “1997” for “1995” in two places.
1991—Subsec. (c)(6) to (8). Pub. L. 102–237, §112(a), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
Subsec. (h)(1), (2). Pub. L. 102–237, §112(b), designated existing provisions as par. (1), inserted heading, and added par. (2).
1990—Pub. L. 101–624 amended section generally, substituting provisions relating to crop acreage bases for provisions relating to the establishment and maintenance of farm acreage bases for 1986 and subsequent crop years.
1989—Subsec. (c)(1). Pub. L. 101–81 temporarily struck out “if the acreage limitation percentage established for a crop of feed grains under section 1444e(f) of this title is 12.5 percent or less,” after “effective for each of the 1989 and 1990 crops,”. See Effective and Termination Dates of 1989 Amendment note below.
1988—Subsec. (c). Pub. L. 100–387 added subsec. (c).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.
Effective and Termination Dates of 1989 Amendment
Section 2 of Pub. L. 101–81 provided that the amendment made by that section is effective only for 1990 crops.