ACREAGE BASE AND YIELD SYSTEM.

SEC. 1101. ACREAGE BASE AND YIELD SYSTEM. Title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) is amended to read as follows: 104 STAT. 3491 “TITLE V— ACREAGE BASE AND YIELD SYSTEM “SEC. 501. PURPOSE. “The purpose of this title is to prescribe a system for establishing crop acreage bases and program payment yields for the wheat, feed grains, upland cotton, and rice programs under this Act that is efficient, equitable, flexible, and predictable. “SEC. 502. DEFINITIONS. “For purposes of this title: “(1) County committee.— The term ‘county committee’ means the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for the county in which the farm is administratively located. “(2) Oilseed.— The term ‘oilseed’ means a crop of soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated by the Secretary, other oilseeds. “(3) Program crop.— The term ‘program crop’ means a crop of wheat, corn, grain sorghums, oats, barley, upland cotton, or rice. “SEC. 503. CROP ACREAGE BASES. “(a) Establishment.— “(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) Definition of double cropping.— 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. “(b) Calculation.— “(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.— 104 STAT. 3492 “(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. “(c) Acreage Considered Planted.— 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 0/92 or 50/92 programs established for any of the 1991 through 1995 crops of wheat, feed grains, upland cotton, and rice established under sections 107B(c)(1)(E), 105B(c)(1)(E), 103B(c)(1)(D), and 101B(c)(1)(D), 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 504; “(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) the crop acreage base for the crop, if producers on the farm forgo receiving any payments under the program estab-104 STAT. 3493lished under title I 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 “(7) 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). “(d) Construction of Planting History.— 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. “(e) Crop Rotation and Other Factors.— 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.). “(f) Prevented Planting.— 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. “(g) Subsequent Crop Years.— 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. “(h) Adjustment of Bases.— 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. 104 STAT. 3494 “SEC. 504. PLANTING FLEXIBILITY. “(a) In General.— The producers on a farm may, in accordance with this section, plant for harvest on the crop acreage base established for a program crop a commodity, other than the specific program crop, without suffering a reduction in the crop acreage base as a result of the production. “(b) Specified Commodities.— “(1) Permitted crops.— Except as provided in paragraph (2), for purposes of this section, the commodities that may be planted for harvest on a crop acreage base are— “(A) any program crop; “(B) any oilseed; “(C) any industrial or experimental crop designated by the Secretary; and “(D) any other crop, except any fruit or vegetable crop (including potatoes and dry edible beans) not designated by the Secretary as— “(i) an industrial or experimental crop; or “(ii) a crop for which no substantial domestic production or market exists. “(2) Limitation.— For purposes of this section, the Secretary may, at the discretion of the Secretary, prohibit the planting on a crop acreage base of any crop specified in paragraph (1). “(3) Notification.— With regard to commodities that may be planted pursuant to this subsection, the Secretary shall make a determination in each crop year of the commodities that may not be planted pursuant to this subsection and shall make available a list of the commodities. “(c) Limitation on Acreage.— “(1) In general.— Except as provided in paragraph (2), the quantity of the crop acreage base that may be planted to a commodity, other than the specific program crop, under this section may not exceed 25 percent of the crop acreage base. “(2) Exception for soybeans.— If on January 1 of any calendar year the Secretary estimates that the national average price of soybeans during the following marketing year for soybeans would be less than 105 percent of the nonrecourse loan level for soybeans established in section 205 if soybeans were allowed to be planted on up to 25 percent of the crop acreage base under this section, the quantity of the crop acreage base that may be planted to soybeans under this section may not exceed 15 percent of the crop acreage base. “(d) Plantings in Excess of Permitted Acreage.— Notwithstanding any other provision of this Act, producers of a program crop who are participating in the production adjustment program for that program crop under this Act shall be allowed to plant that program crop in a quantity that exceeds the permitted acreage for that crop without losing their eligibility for loans, purchases, or payments with respect to that crop under this Act if— “(1) the acreage planted to the program crop on the farm in excess of the permitted acreage does not exceed 25 percent of the crop acreage bases on the farm for other program crops; and “(2) the producer agrees to a reduction in permitted acreage for the other program crops produced on the farm by a quantity equal to the overplanting. “(e) Loan Eligibility.— 104 STAT. 3495 “(1) In general.— Producers of a specific program crop (referred to in this subsection as the ‘original program crop’) who plant for harvest on the crop acreage base established for such original program crop another program crop in accordance with this section and who are not participants in the program established for such other program crop shall be eligible to receive loans, purchases, or loan deficiency payments for such other program crop on the same terms and conditions as are provided to participants in a production adjustment program established for such other program crop. “(2) Requirements.— Producers shall be eligible to receive loans, purchases, or loan deficiency payments under this subsection if the producers— “(A) plant such other program crop in an amount that does not exceed 25 percent of the crop acreage base established for the original program crop; and “(B) agree to a reduction in the permitted acreage for the original program crop for the particular crop year. “SEC. 505. FARM PROGRAM PAYMENT YIELDS. “(a) Establishment.— The Secretary shall provide for the establishment of a farm program payment yield for each farm for each program crop for each crop year in accordance with subsection (b) or (c). “(b) Farm Program Payment Yields Based on 1990 Crop Year.— “(1) In general.— If the Secretary determines that farm program payment yields shall be established in accordance with this subsection, except as provided in paragraphs (2) and (3), the farm program payment yield for each of the 1991 through 1995 crop years shall be the farm program payment yield for the 1990 crop year for the farm. “(2) Additional yield payments.— In the case of each of the 1991 through 1995 crop years for a commodity, if the farm program payment yield for a farm is reduced more than 10 percent below the farm program payment yield for the 1985 crop year, the Secretary shall make available to producers established price payments for the commodity in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 10 percent below the farm program payment yield for the 1985 crop year. The payments shall be made available not later than the time final deficiency payments are made. “(3) No crop or yield available.— If no crop of the commodity was produced on the farm or no farm program payment yield was established for the farm for any of the 1981 through 1985 crop years (or, as appropriate, the 1986 through 1990 crop years), the farm program payment yield shall be established on the basis of the average farm program payment yield for the crop years for similar farms in the area. “(4) National, state, or county yields.— If the Secretary determines the action is necessary, the Secretary may establish national, State, or county program payment yields on the basis of— 104 STAT. 3496 “(A) historical yields, as adjusted by the Secretary to correct for abnormal factors affecting the yields in the historical period; or “(B) the Secretary’s estimate of actual yields for the crop year involved if historical yield data is not available. “(5) Balancing yields.— If national, State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields. “(c) Determination of Yields.— “(1) Actual yields.— With respect to the 1991 and subsequent crop years, the Secretary may— “(A) establish the farm program payment yield as provided in subsection (a); or “(B) establish a farm program payment yield for any program crop for any farm on the basis of the average of the yield per harvested acre for the crop for the farm for each of the 5 crop years immediately preceding the crop year, excluding the crop year with the highest yield per harvested acre, the crop year with the lowest yield per harvested acre, and any crop year in which such crop was not planted on the farm. “(2) Prior yields.— For purposes of the preceding sentence, the farm program payment yield for the 1986 crop year and the actual yield per harvested acre with respect to the 1987 and subsequent crop years shall be used in determining farm program payment yields. “(3) Reduction limitation.— Notwithstanding any other provision of this paragraph, for purposes of establishing a farm program payment yield for any program crop for any farm for the 1991 and subsequent crop years, the farm program payment yield for the 1986 crop year may not be reduced more than 10 percent below the farm program payment yield for the farm for the 1985 crop year. “(4) Adjustment of yields.— The county committee, in accordance with regulations prescribed by the Secretary, may adjust any farm program payment yield for any program crop for any farm if the farm program payment yield for the crop on the farm does not accurately reflect the productive potential of the farm. “(d) Assignment of Yields.— In the case of any farm for which the actual yield per harvested acre for any program crop referred to in subsection (c) for any crop year is not available, the county committee may assign the farm a yield for the crop for the crop year on the basis of actual yields for the crop for the crop year on similar farms in the area. “(e) Actual Yield Data.— “(1) Provision.— The Secretary shall, under such terms and conditions as the Secretary may prescribe, allow producers to provide to county committees data with respect to the actual yield for each farm for each program crop. “(2) Maintenance.— The Secretary shall maintain the data for at least 5 crop years after receipt in a manner that will permit the data to be used, if necessary, in the administration of the commodity programs. “(3) Notification.— The Secretary shall provide timely notification to producers of the provisions of this subsection. 104 STAT. 3497 “SEC. 506. PLANTING AND PRODUCTION HISTORY OF FARMS. “Each county committee, in accordance with regulations prescribed by the Secretary, may require any producer who seeks to establish a crop acreage base or farm program payment yield for a farm for a crop year to provide planting and production history of the farm for each of the 5 crop years immediately preceding the crop year. “SEC. 507. ESTABLISHMENT OF BASES AND YIELDS BY COUNTY COMMITTEES. “Each county committee may, in accordance with regulations prescribed by the Secretary, provide for the establishment of a crop acreage base, and farm program payment yield with respect to any farm administratively located within the county if the crop acreage base or farm program payment yield cannot otherwise be established under this title. The crop acreage bases and farm program payment yields shall be established in a fair and equitable manner, but no such bases or farm program payment yields shall be established for a farm if the producer on the farm is subject to sanctions under any provision of Federal law for cultivating highly erodible land or converted wetland. “SEC. 508. APPEALS. “The Secretary shall establish an administrative appeal procedure that provides for an administrative review of determinations made with respect to crop acreage bases and farm program payment yields. “SEC. 509. CROPS. “Notwithstanding any other provision of law, this title shall be effective only for the 1991 through 1995 program crops.”.