---
kind: "section"
citation: "7 U.S.C. § 7911"
title: "7"
title_heading: "Agriculture"
number: "7911"
heading: "Establishment of base acres and payment acres for a farm"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7911"
units:
  - "Chapter 106 — Commodity Programs"
  - "Subchapter I — Direct Payments and Counter-Cyclical Payments"
---

# §7911. Establishment of base acres and payment acres for a farm

- (a) **Election by owner of base acres calculation method—**
  - (1) **Alternative calculation methods—** For the purpose of making [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) with respect to a farm, the [Secretary](/usc/7/7901.md?p=13) shall give an owner of the farm an opportunity to elect 1 of the following as the method by which the [base acres](/usc/7/7901.md?p=2) of all [covered commodities](/usc/7/7901.md?p=4) on the farm are to be determined:
    - (A) Subject to paragraphs [(3)](#a-3) and [(4)](#a-4), the 4-year average of the following:
      - (i) Acreage planted on the farm to [covered commodities](/usc/7/7901.md?p=4) for harvest, grazing, haying, silage, or other similar purposes for the 1998 through 2001 crop years.
      - (ii) Any acreage on the farm that the [producers](/usc/7/7901.md?p=12) were prevented from planting during the 1998 through 2001 crop years to [covered commodities](/usc/7/7901.md?p=4) because of drought, flood, or other natural disaster, or other condition beyond the control of the [producers](/usc/7/7901.md?p=12), as determined by the [Secretary](/usc/7/7901.md?p=13).
    - (B) Subject to [paragraph (3)](#a-3), the sum of the following:
      - (i) The contract acreage (as defined in [section 7202 of this title](/usc/7/7202.md)) used by the [Secretary](/usc/7/7901.md?p=13) to calculate the fiscal year 2002 payment authorized under [section 7214 of this title](/usc/7/7214.md) for the [covered commodities](/usc/7/7901.md?p=4) on the farm.
      - (ii) The 4-year average of eligible oilseed acreage on the farm for the 1998 through 2001 crop years, as determined by the [Secretary](/usc/7/7901.md?p=13) under [paragraph (2)](#a-2).
  - (2) **Eligible oilseed acreage—**
    - (A) **Calculation—** For purposes of [paragraph (1)(B)(ii)](#a-1-B-ii), the eligible acreage for each oilseed on a farm during each of the 1998 through 2001 crop years shall be determined in the manner provided in [paragraph (1)(A)](#a-1-A), except that the total acreage for all oilseeds on the farm for a crop year may not exceed the difference between—
      - (i) the total acreage determined under [paragraph (1)(A)](#a-1-A) for all [covered commodities](/usc/7/7901.md?p=4) for that crop year; and
      - (ii) the total contract acreage determined under [paragraph (1)(B)(i)](#a-1-B-i).
    - (B) **Effect of negative number—** If the subtraction performed under [subparagraph (A)](#a-2-A) results in a negative number, the eligible oilseed acreage on the farm for that crop year shall be zero for purposes of determining the 4-year average.
    - (C) **Offset of contract acreage—** The owner of a farm may increase the eligible acreage for an oilseed on the farm by reducing the contract acreage determined under [paragraph (1)(B)(i)](#a-1-B-i) for 1 or more [covered commodities](/usc/7/7901.md?p=4) on an acre-for-acre basis, except that the total base acreage for each oilseed on the farm may not exceed the 4-year average of each oilseed determined under [paragraph (1)(B)(ii)](#a-1-B-ii).
  - (3) **Inclusion of all 4 years in average—** For the purpose of determining a 4-year acreage average under this subsection for a farm, the [Secretary](/usc/7/7901.md?p=13) shall not exclude any crop year in which a [covered commodity](/usc/7/7901.md?p=4) was not planted.
  - (4) **Treatment of multiple planting or prevented planting—** For the purpose of determining under [paragraph (1)(A)](#a-1-A) the acreage on a farm that [producers](/usc/7/7901.md?p=12) planted or were prevented from planting during the 1998 through 2001 crop years to [covered commodities](/usc/7/7901.md?p=4), if the acreage that was planted or prevented from being planted was devoted to another [covered commodity](/usc/7/7901.md?p=4) in the same crop year (other than a [covered commodity](/usc/7/7901.md?p=4) 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.
- (b) **Single election; time for election—**
  - (1) **Notice of election opportunity—** As soon as practicable after May 13, 2002, the [Secretary](/usc/7/7901.md?p=13) shall provide notice to owners of farms regarding their opportunity to make the election described in [subsection (a)](#a). The notice shall include the following:
    - (A) Notice that the opportunity of an owner to make the election is being provided only once.
    - (B) Information regarding the manner in which the election must be made and the time periods and manner in which notice of the election must be submitted to the [Secretary](/usc/7/7901.md?p=13).
  - (2) **Election deadline—** Within the time period and in the manner prescribed pursuant to [paragraph (1)](#b-1), the owner of a farm shall submit to the [Secretary](/usc/7/7901.md?p=13) notice of the election made by the owner under [subsection (a)](#a).
- (c) **Effect of failure to make election—** If the owner of a farm fails to make the election under [subsection (a)](#a) or fails to timely notify the [Secretary](/usc/7/7901.md?p=13) of the election made, as required by [subsection (b)](#b), the owner shall be deemed to have made the election described in [subsection (a)(1)(B)](#a-1-B) to determine [base acres](/usc/7/7901.md?p=2) for all [covered commodities](/usc/7/7901.md?p=4) on the farm.
- (d) **Application of election to all covered commodities—** The election made under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of subsection (a)(1), or deemed to be made under [subsection (c)](#c), with respect to a farm shall apply to all of the [covered commodities](/usc/7/7901.md?p=4) on the farm.
- (e) **Treatment of conservation reserve contract acreage—**
  - (1) **In general—** The [Secretary](/usc/7/7901.md?p=13) shall provide for an adjustment, as appropriate, in the [base acres](/usc/7/7901.md?p=2) for [covered commodities](/usc/7/7901.md?p=4) for a farm whenever either of the following circumstances occurs:
    - (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ([16 U.S.C. 3831](/usc/16/3831.md)) with respect to the farm expires or is voluntarily terminated.
    - (B) Cropland is released from coverage under a conservation reserve contract by the [Secretary](/usc/7/7901.md?p=13).
  - (2) **Special payment rules—** For the crop year in which a [base acres](/usc/7/7901.md?p=2) adjustment under [paragraph (1)](#e-1) is first made, the owner of the farm shall elect to receive either [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.
- (f) **Payment acres—** The [payment acres](/usc/7/7901.md?p=10) for a [covered commodity](/usc/7/7901.md?p=4) on a farm shall be equal to 85 percent of the [base acres](/usc/7/7901.md?p=2) for the [covered commodity](/usc/7/7901.md?p=4).
- (g) **Prevention of excess base acres—**
  - (1) **Required reduction—** If the sum of the [base acres](/usc/7/7901.md?p=2) for a farm, together with the acreage described in [paragraph (2)](#g-2), exceeds the actual cropland acreage of the farm, the [Secretary](/usc/7/7901.md?p=13) shall reduce the [base acres](/usc/7/7901.md?p=2) for 1 or more [covered commodities](/usc/7/7901.md?p=4) for the farm or the [base acres](/usc/7/7901.md?p=2) for peanuts for the farm under subchapter III so that the sum of the [base acres](/usc/7/7901.md?p=2) and acreage described in [paragraph (2)](#g-2) does not exceed the actual cropland acreage of the farm.
  - (2) **Other acreage—** For purposes of [paragraph (1)](#g-1), the [Secretary](/usc/7/7901.md?p=13) shall include the following:
    - (A) Any [base acres](/usc/7/7901.md?p=2) for peanuts for the farm under subchapter III.
    - (B) Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program under [chapter 1](/usc/7/chch1.md) of subtitle D of title XII of the Food Security Act of 1985 ([16 U.S.C. 3830](/usc/16/3830.md) et seq.).
    - (C) Any other acreage on the farm enrolled in a conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
  - (3) **Selection of acres—** The [Secretary](/usc/7/7901.md?p=13) shall give the owner of the farm the opportunity to select the [base acres](/usc/7/7901.md?p=2) or the [base acres](/usc/7/7901.md?p=2) for peanuts for the farm under subchapter III against which the reduction required by [paragraph (1)](#g-1) will be made.
  - (4) **Exception for double-cropped acreage—** In applying [paragraph (1)](#g-1), the [Secretary](/usc/7/7901.md?p=13) shall make an exception in the case of double cropping, as determined by the [Secretary](/usc/7/7901.md?p=13).
  - (5) **Coordinated application of requirements—** The [Secretary](/usc/7/7901.md?p=13) shall take into account [section 7952(f) of this title](/usc/7/7952.md?p=f) when applying the requirements of this subsection.
- (h) **Permanent reduction in base acres—** The owner of a farm may reduce, at any time, the [base acres](/usc/7/7901.md?p=2) for any [covered commodity](/usc/7/7901.md?p=4) for the farm. The reduction shall be permanent and made in the manner prescribed by the [Secretary](/usc/7/7901.md?p=13).

## Source credit

(Pub. L. 107–171, title I, § 1101, May 13, 2002, 116 Stat. 144.)

## Notes

### Editorial Notes

### References in Text

Subchapter III, referred to in subsec. (g)(1), (2)(A), (3), was in the original “subtitle C”, meaning subtitle C (§§ 1301–1310) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 166, which is classified principally to subchapter III of this chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables.

The Food Security Act of 1985, referred to in subsec. (g)(2)(B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Chapter 1 of subtitle D of title XII of the Act is classified generally to part I (§ 3830 et seq.) 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.

### Statutory Notes and Related Subsidiaries

### Popcorn Acreage

Pub. L. 108–7, div. A, title VII, § 767, Feb. 20, 2003, 117 Stat. 48, formerly set out as a note under this section, was transferred and is set out as a note under section 9011 of this title.