12 2 STA T . 1 679PUBLIC LA W 11 0– 2 4 6 —J U NE 1 8, 2008 repo r tswi t h respe c tto al lco v ere d co m modities a n d pean u ts produced on the f arm .(3)PENALTI E S . —N o penalt y with respect to b enefits under this subtitle or subtitle B shall be assessed a g ainst the pro - ducers on a farm for an inaccurate acreage or production report unless the producers on the farm k nowingly and willfully fal- sified the acreage or production report. (d) T ENANTS AN DSH A R E C R OP PERS.— I n carrying out this sub- title , the Secretary shall provide ade q uate safeguards to protect the interests of tenants and sharecroppers. (e) SHARIN G O F PA YM ENTS.—The Secretary shall provide for the sharing of direct payments, counter-cyclical payments, or aver- age crop revenue election payments among the producers on a farm on a fair and equitable basis. SEC.1 1 07 . PLANTI N GF LE X I B ILIT Y . (a) PERMITTED C ROPS.—Sub j ect to subsection (b), any com- modity or crop may be planted on base acres on a farm. (b) L IMITATIONS R EGARDING CERTAIN COMMODITIES.— ( 1 ) G ENERAL LIMITATION.—The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres unless the commodity, if planted, is destroyed before harvest. ( 2 ) TREATMENT OF TREES AND OTHER PERENNIALS.—The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres. (3) CO V ERED AGRIC U LTURAL COMMODITIES.—Paragraphs (1) and (2) apply to the following agricultural commodities
( A ) F ruits. (B) V egetables (other than mung beans and pulse crops). (C) W ild rice. (c) EX CEPTIONS.—Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection— (1) in any region in which there is a history of double- cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, e x cept that direct payments and counter- cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or (3) by the producers on a farm that the Secretary deter- mines has an established planting history of a specific agricul- tural commodity specified in subsection (b)(3), except that— (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1 9 91 through 199 5 or 199 8 through 2 0 01 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity. 7USC8 7 1 7 .
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