§9012 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must tell farm owners, soon after February 7, 2014, that they get one chance to choose whether to keep their existing base acres or to reallocate them instead of keeping them. If an owner does not choose or misses the deadline to tell the Secretary, the owner is treated as having kept all base acres, and “generic base acres” are always kept. If a farm owner chooses to reallocate, the new shares of base acres are set by comparing a 4‑year average of how much of each covered crop was planted or prevented from being planted on the farm in the 2009–2012 crop years. Reallocation cannot move generic base acres and cannot raise the farm’s total base acres above what it was on September 30, 2013. The Secretary must also adjust base acres when cropland leaves or returns from conservation programs, let owners pick coverage or payments for added acres the first year, and reduce base acres if total base acres plus certain conservation acres would be more than the farm’s cropland. Owners may permanently cut base acres at any time. Farms planted entirely to grass or pasture from January 1, 2009, through December 31, 2017, keep their base acres and yields but get no payments for 2019–2031. Covered commodities: the crops the program applies to. Generic base acres: base acres not assigned to a single crop. Starting after July 4, 2025, the Secretary may give up to an additional 30,000,000 base acres to eligible farms for the 2026 crop year and after. Owners can decline that allocation within 90 days of notice. Eligibility and how many acres a farm gets are based on 5‑year averages of planting and prevented‑planting for 2019–2023, plus up to 15% of the farm’s acres tied to noncovered crops. Farms with zero planting in 2019–2023 cannot get new acres. Allocations are split among crops by each crop’s share of the 5‑year totals, cannot make a farm’s base acres exceed its total acres, and will be cut proportionally if requests exceed 30,000,000 acres. New allocated base acres get payment yields based on the farm’s yield or county averages, and if the farm had a different owner in 2019–2023, the prior owner’s planting history is used.

Title 7, §9012

Agriculture — Source: USLM XML via OLRC

(a)(1)(A)As soon as practicable after February 7, 2014, the Secretary shall provide notice to the owners of a farm regarding their opportunity to make an election, in the manner provided in this subsection—

(i)to retain base acres, including any generic base acres, as provided in paragraph (2); or

(ii)in lieu of retaining base acres, to reallocate base acres, other than any generic base acres, as provided in paragraph (3).

(B)The notice under subparagraph (A) shall include the following:

(i)Information that the opportunity of an owner to make the election is being provided only once.

(ii)Information regarding the manner in which the owner must make the election and the manner of notifying the Secretary of the election.

(iii)Information regarding the deadline before which the owner must notify the Secretary of the election to be in effect beginning with the 2014 crop year.

(C)If the owner of a farm fails to make the election under this subsection, or fails to timely notify the Secretary of the election as required by subparagraph (B)(iii), the owner shall be deemed to have elected to retain base acres, including generic base acres, as provided in paragraph (2).

(2)(A)For the purpose of applying this subchapter to a covered commodity, the Secretary shall give an owner of a farm an opportunity to elect to retain all of the base acres for each covered commodity on the farm.

(B)Generic base acres are automatically retained.

(3)(A)For the purpose of applying this subchapter to covered commodities, the Secretary shall give an owner of a farm an opportunity to elect to reallocate all of the base acres for covered commodities on the farm, as in effect on September 30, 2013, among those covered commodities planted on the farm at any time during the 2009 through 2012 crop years.

(B)The reallocation of base acres among covered commodities on a farm shall be in proportion to the ratio of—

(i)the 4-year average of—

(I)the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2009 through 2012 crop years; and

(II)any acreage on the farm that the producers were prevented from planting during the 2009 through 2012 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; to

(ii)the 4-year average of—

(I)the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage, or other similar purposes for such crop years; and

(II)any acreage on the farm that the producers were prevented from planting during such crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary.

(C)Generic base acres are retained and may not be reallocated under this paragraph.

(D)For the purpose of determining a 4-year acreage average under subparagraph (B) for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted.

(E)For the purpose of determining under subparagraph (B) the acreage on a farm that producers planted or were prevented from planting during the 2009 through 2012 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner may elect the commodity to be used for that crop year in determining the 4-year average, but may not include both the initial commodity and the subsequent commodity.

(F)The reallocation of base acres among covered commodities on a farm under this paragraph may not result in a total number of base acres (including generic base acres) for the farm in excess of the number of base acres in effect for the farm on September 30, 2013.

(4)The election made under this subsection, or deemed to be made under paragraph (1)(C), with respect to a farm shall apply to all of the covered commodities on the farm.

(b)(1)Notwithstanding the election made under subsection (a), the Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm and any generic base acres for the farm whenever any of the following circumstances occur:

(A)A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated.

(B)Cropland is released from coverage under a conservation reserve contract by the Secretary.

(C)The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 8711(a)(1)(D) of this title.

(2)For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.

(c)(1)Notwithstanding the election made under subsection (a), if the sum of the base acres for a farm, including generic base acres, and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities or generic base acres for the farm so that the sum of the base acres, including generic base acres, and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.

(2)For purposes of paragraph (1), the Secretary shall include the following:

(A)Any acreage on the farm enrolled in—

(i)the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or

(ii)a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).

(B)Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.

(C)If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (b)(1)(C).

(3)The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity or generic base acres for the farm against which the reduction required by paragraph (1) will be made.

(4)In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.

(d)(1)(A)The owner of a farm may reduce, at any time, the base acres for any covered commodity or generic base acres for the farm.

(B)A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.

(2)(A)The Secretary shall proportionately reduce base acres, including any generic base acres, on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—

(i)remains devoted to commercial agricultural production; or

(ii)is likely to be returned to the previous agricultural use.

(B)The Secretary shall establish procedures to identify land described in subparagraph (A).

(3)(A)In the case of a farm on which all of the cropland was planted to grass or pasture (including cropland that was idle or fallow), as determined by the Secretary, during the period beginning on January 1, 2009, and ending on December 31, 2017, the Secretary shall maintain all base acres and payment yields for the covered commodities on the farm, except that no payment shall be made with respect to those base acres under section 9016 or 9017 of this title for the 2019 through 2031 crop years.

(B)The producers on a farm for which all of the base acres are maintained under subparagraph (A) shall be ineligible for the option to change the election applicable to the producers on the farm under section 9015(h) of this title.

(4)The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change the treatment of base acres under this section.

(e)(1)As soon as practicable after July 4, 2025, and notwithstanding subsection (a), the Secretary shall provide notice to owners of eligible farms pursuant to paragraph (3) and allocate to those eligible farms a total of not more than an additional 30,000,000 base acres in the manner provided in this subsection. An owner of a farm that is eligible to receive an allocation of base acres may elect to not receive that allocation by notifying the Secretary not later than 90 days after receipt of the notice provided by the Secretary under this paragraph.

(2)The notice under paragraph (1) shall include the following:

(A)Information that the allocation is occurring.

(B)Information regarding the eligibility of the farm for an allocation of base acres under paragraph (3).

(C)Information regarding how an owner may appeal a determination of ineligibility for an allocation of base acres under paragraph (3) through an appeals process established by the Secretary.

(3)(A)Subject to subparagraph (D), effective beginning with the 2026 crop year, a farm is eligible to receive an allocation of base acres if, with respect to the farm, the amount described in subparagraph (B) exceeds the amount described in subparagraph (C).

(B)The amount described in this subparagraph, with respect to a farm, is the sum of—

(i)the 5-year average of—

(I)the acreage planted on the farm to all covered commodities for harvest, grazing, haying, silage or other similar purposes for the 2019 through 2023 crop years; and

(II)any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to covered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; plus

(ii)the lesser of—

(I)15 percent of the total acres on the farm; and

(II)the 5-year average of—

(aa)the acreage planted on the farm to eligible noncovered commodities for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and

(bb)any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to eligible noncovered commodities because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary.

(C)The amount described in this subparagraph, with respect to a farm, is the total number of base acres for covered commodities on the farm (excluding unassigned crop base), as in effect on September 30, 2024.

(D)In the case of a farm for which the amount determined under clause (i) of subparagraph (B) is equal to zero, that farm shall be ineligible to receive an allocation of base acres under this subsection.

(E)In this paragraph, the term “acreage planted on the farm to eligible noncovered commodities” means acreage planted on a farm to commodities other than covered commodities, trees, bushes, vines, grass, or pasture (including cropland that was idle or fallow), as determined by the Secretary.

(4)Subject to paragraphs (3) and (8), the number of base acres allocated to an eligible farm shall—

(A)be equal to the difference obtained by subtracting the amount determined under subparagraph (C) of paragraph (3) from the amount determined under subparagraph (B) of that paragraph; and

(B)include unassigned crop base.

(5)(A)The Secretary shall allocate the number of base acres under paragraph (4) among those covered commodities planted on the farm at any time during the 2019 through 2023 crop years.

(B)The allocation of additional base acres for covered commodities shall be in proportion to the ratio of—

(i)the 5-year average of—

(I)the acreage planted on the farm to each covered commodity for harvest, grazing, haying, silage, or other similar purposes for the 2019 through 2023 crop years; and

(II)any acreage on the farm that the producers were prevented from planting during the 2019 through 2023 crop years to that covered commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, as determined by the Secretary; to

(ii)the 5-year average determined under paragraph (3)(B)(i).

(C)For the purpose of determining a 5-year acreage average under subparagraph (B) for a farm, the Secretary shall not exclude any crop year in which a covered commodity was not planted.

(D)For the purpose of determining under subparagraph (B) the acreage on a farm that producers planted or were prevented from planting during the 2019 through 2023 crop years to covered commodities, if the acreage that was planted or prevented from being planted was devoted to another covered commodity in the same crop year (other than a covered commodity produced under an established practice of double cropping), the owner may elect the covered commodity to be used for that crop year in determining the 5-year average, but may not include both the initial covered commodity and the subsequent covered commodity.

(E)The allocation of additional base acres among covered commodities on a farm under this paragraph may not result in a total number of base acres for the farm in excess of the total number of acres on the farm.

(6)In carrying out this subsection, if the total number of eligible acres allocated to base acres across all farms in the United States under this subsection would exceed 30,000,000 acres, the Secretary shall apply an across-the-board, pro-rata reduction to the number of eligible acres to ensure the number of allocated base acres under this subsection is equal to 30,000,000 acres.

(7)Beginning with crop year 2026, for the purpose of making price loss coverage payments under section 9016 of this title, the Secretary shall establish payment yields to base acres allocated under this subsection equal to—

(A)the payment yield established on the farm for the applicable covered commodity; and

(B)if no such payment yield for the applicable covered commodity exists, a payment yield—

(i)equal to the average payment yield for the covered commodity for the county in which the farm is situated; or

(ii)determined pursuant to section 9013(c) of this title.

(8)In the case of a farm for which the owner on July 4, 2025 was not the owner for the 2019 through 2023 crop years, the Secretary shall use the planting history of the prior owner or owners of that farm for purposes of determining—

(A)eligibility under paragraph (3);

(B)eligible acres under paragraph (4); and

(C)the allocation of acres under paragraph (5).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Food Security Act of 1985, referred to in subsec. (c)(2)(A)(i), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

of 1985 Amendment note set out under section 1281 of this title and Tables. Codification Provisions of law applicable to a covered commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that covered commodity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Amendments

2025—Subsec. (d)(3)(A). Pub. L. 119–21, § 10302(1), substituted “2031” for “2023”. Subsec. (e). Pub. L. 119–21, § 10302(2), added subsec. (e). 2018—Subsec. (c)(2)(A). Pub. L. 115–334, § 1102(a), added subpar. (A) and struck out former subpar. (A) which read as follows: “Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.).” Subsec. (d)(3), (4). Pub. L. 115–334, § 1102(b), added pars. (3) and (4).

§9012 Base acres