[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1412.201]

[Page 390-391]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1412_DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT 
 
Subpart B_Establishment of Base Acres for a Farm for Covered Commodities
 
Sec.  1412.201  Election of base acres.

    Source: 67 FR 64751, Oct. 21, 2002, unless otherwise noted.


    (a) No later than April 1, 2003, owners on a farm may select one of 
the following methods to establish base acres for all covered 
commodities on the farm:
    (1) Subject to the limitations in accordance with paragraph (d) of 
this section and Sec.  1412.204, the base acres for each covered 
commodity shall be equal to the sum of the following:
    (i) For each covered commodity, the 4-year average of the acreage 
planted to the covered commodity during each of the 1998 through 2001 
crop years for harvest, grazing, haying, silage, or other similar 
purposes, as determined by the Secretary, plus
    (ii) For each covered commodity, the 4-year average of the acreage 
prevented from being planted to covered commodities during each of the 
1998 through 2001 crop years, for reasons beyond the control of the 
producer, as determined by the Deputy Administrator.
    (2) The sum of the following:
    (i) For each covered commodity, the contract acreage used to 
calculate the fiscal year 2002 Production Flexibility Contract payment 
for the covered commodity on the farm in accordance with the regulations 
of this part in effect on January 1, 2002 (see 7 CFR part 1412 revised 
as of January 1, 2002), plus
    (ii) Subject to paragraphs (b) and (c) of this section, the 4-year 
average of eligible oilseed acreage on the farm for the 1998 through 
2001 crop years, as determined in a manner provided in paragraph (a)(1) 
of this section, except that the limitation in paragraph (d) of this 
section shall not apply.
    (b) Subject to paragraph (c) of this section, the total acreage of 
soybeans

[[Page 391]]

and other oilseeds on the farm calculated in accordance with paragraph 
(a)(2)(ii) of this section shall not exceed:
    (1) The total acreage determined in accordance with paragraph (a)(1) 
of this section for the crop year, minus
    (2) The total contract acreage for all covered commodities 
determined in accordance with paragraph (a)(2)(i) of this section.
    (c) If the calculation in paragraph (b) of this section results in a 
negative number, the soybean and other oilseed acreage on the farm for 
that crop year shall be zero for the purposes of determining the 4-year 
average, in accordance with paragraph (a)(2)(ii) of this section.
    (d) If the acreage planted or prevented from being planted was 
devoted to a different covered commodity in the same crop year (other 
than a covered commodity produced under an established practice of 
double-cropping), the owner may select the commodity to be used for base 
purposes for that crop year in determining the 4-year average, but shall 
not select both the initial commodity and subsequent commodity.
    (e)(1) An owner may increase the eligible acres of soybeans and 
other oilseeds on a farm by reducing the contract acreage determined in 
accordance with paragraph (a)(2)(i) of this section for one or more 
covered commodities on an acre-for-acre basis, except that the total 
base acreage for soybeans and each other oilseed on the farm may not 
exceed the four-year average of each oilseed determined under paragraph 
(a)(2)(ii) of this section.
    (2) For the purpose of determining a 4-year average acreage for a 
farm under this section, any crop year in which a covered commodity was 
not planted shall not be excluded.
    (f) For the purposes of this section, acreage planted, or prevented 
from being planted, to popcorn shall be considered as acreage planted to 
corn.

[67 FR 64751, Oct. 21, 2002, as amended at 68 FR 37939, June 26, 2003]