---
kind: "section"
citation: "7 U.S.C. § 8717"
title: "7"
title_heading: "Agriculture"
number: "8717"
heading: "Planting flexibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8717"
units:
  - "Chapter 113 — Agricultural Commodity Support Programs"
  - "Subchapter I — Direct Payments and Counter-Cyclical Payments"
---

# §8717. Planting flexibility

- (a) **Permitted crops—** Subject to [subsection (b)](#b), any commodity or crop may be planted on [base acres](/usc/7/8702.md?p=2-A) on a farm.
- (b) **Limitations regarding certain commodities—**
  - (1) **General limitation—** The planting of an agricultural commodity specified in [paragraph (3)](#b-3) shall be prohibited on [base acres](/usc/7/8702.md?p=2-A) 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)](#b-3) that is produced on a tree or other perennial plant shall be prohibited on [base acres](/usc/7/8702.md?p=2-A).
  - (3) **Covered agricultural commodities—** Paragraphs [(1)](#b-1) and [(2)](#b-2) apply to the following agricultural commodities:
    - (A) Fruits.
    - (B) Vegetables (other than mung beans and [pulse crops](/usc/7/8702.md?p=14)).
    - (C) Wild rice.
- (c) **Exceptions—** Paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) shall not limit the planting of an agricultural commodity specified in [paragraph (3)](#c-3) of that subsection—
  - (1) in any region in which there is a history of double-cropping of [covered commodities](/usc/7/8702.md?p=4) with agricultural commodities specified in [subsection (b)(3)](#b-3), as determined by the [Secretary](/usc/7/499a.md?p=b-2), in which case the double-cropping shall be permitted;
  - (2) on a farm that the [Secretary](/usc/7/499a.md?p=b-2) determines has a history of planting agricultural commodities specified in [subsection (b)(3)](#b-3) on [base acres](/usc/7/8702.md?p=2-A), except that [direct payments](/usc/7/8702.md?p=5) and [counter-cyclical payments](/usc/7/8702.md?p=3) shall be reduced by an acre for each acre planted to such an agricultural commodity; or
  - (3) by the [producers](/usc/7/8702.md?p=13-A) on a farm that the [Secretary](/usc/7/499a.md?p=b-2) determines has an established planting history of a specific agricultural commodity specified in [subsection (b)(3)](#b-3), except that—
    - (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the [producers](/usc/7/8702.md?p=13-A) on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the [Secretary](/usc/7/499a.md?p=b-2); and
    - (B) [direct payments](/usc/7/8702.md?p=5) and [counter-cyclical payments](/usc/7/8702.md?p=3) shall be reduced by an acre for each acre planted to such agricultural commodity.
- (d) **Planting transferability pilot project—**
  - (1) **Pilot project authorized—** Notwithstanding paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) and in addition to the exceptions provided in [subsection (c)](#c), the [Secretary](/usc/7/499a.md?p=b-2) shall carry out a pilot project to permit the planting of cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, and tomatoes grown for processing on [base acres](/usc/7/8702.md?p=2-A) during each of the 2009 through 2012 crop years.
  - (2) **Pilot project States and acres—** The number of [base acres](/usc/7/8702.md?p=2-A) eligible during each crop year for the pilot project under [paragraph (1)](#d-1) shall be—
    - (A) 9,000 acres in the [State](/usc/7/8702.md?p=15) of Illinois;
    - (B) 9,000 acres in the [State](/usc/7/8702.md?p=15) of Indiana;
    - (C) 1,000 acres in the [State](/usc/7/8702.md?p=15) of Iowa;
    - (D) 9,000 acres in the [State](/usc/7/8702.md?p=15) of Michigan;
    - (E) 34,000 acres in the [State](/usc/7/8702.md?p=15) of Minnesota;
    - (F) 4,000 acres in the [State](/usc/7/8702.md?p=15) of Ohio; and
    - (G) 9,000 acres in the [State](/usc/7/8702.md?p=15) of Wisconsin.
  - (3) **Contract and management requirements—** To be eligible for selection to participate in the pilot project, the [producers](/usc/7/8702.md?p=13-A) on a farm shall—
    - (A) demonstrate to the [Secretary](/usc/7/499a.md?p=b-2) that the [producers](/usc/7/8702.md?p=13-A) on the farm have entered into a contract to produce a crop of a commodity specified in [paragraph (1)](#d-1) for processing;
    - (B) agree to produce the crop as part of a program of crop rotation on the farm to achieve agronomic and pest and disease management benefits; and
    - (C) provide evidence of the disposition of the crop.
  - (4) **Temporary reduction in base acres—** The [base acres](/usc/7/8702.md?p=2-A) on a farm for a crop year shall be reduced by an acre for each acre planted under the pilot program.
  - (5) **Duration of reductions—** The reduction in the [base acres](/usc/7/8702.md?p=2-A) of a farm for a crop year under [paragraph (4)](#d-4) shall expire at the end of the crop year.
  - (6) **Recalculation of base acres—**
    - (A) **In general—** If the [Secretary](/usc/7/499a.md?p=b-2) recalculates [base acres](/usc/7/8702.md?p=2-A) for a farm while the farm is included in the pilot project, the planting and production of a crop of a commodity specified in [paragraph (1)](#d-1) on [base acres](/usc/7/8702.md?p=2-A) for which a temporary reduction was made under this section shall be considered to be the same as the planting and production of a [covered commodity](/usc/7/8702.md?p=4).
    - (B) **Prohibition—** Nothing in this paragraph provides authority for the [Secretary](/usc/7/499a.md?p=b-2) to recalculate [base acres](/usc/7/8702.md?p=2-A) for a farm.
  - (7) **Pilot impact evaluation—**
    - (A) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) shall periodically evaluate the pilot project conducted under this subsection to determine the effects of the pilot project on the supply and price of—
      - (i) fresh fruits and vegetables; and
      - (ii) fruits and vegetables for processing.
    - (B) **Determination—** An evaluation under [subparagraph (A)](#d-7-A) shall include a determination as to whether—
      - (i) [producers](/usc/7/8702.md?p=13-A) of fresh fruits and vegetables are being negatively impacted; and
      - (ii) existing production capacities are being supplanted.
    - (C) **Report—** As soon as practicable after conducting an evaluation under [subparagraph (A)](#d-7-A), the [Secretary](/usc/7/499a.md?p=b-2) shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation.

## Source credit

(Pub. L. 110–234, title I, § 1107, May 22, 2008, 122 Stat. 950; Pub. L. 110–246, § 4(a), title I, § 1107, June 18, 2008, 122 Stat. 1664, 1679.)

## Notes

### Editorial Notes

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Statutory Notes and Related Subsidiaries

### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.