---
kind: "section"
citation: "7 U.S.C. § 8752"
title: "7"
title_heading: "Agriculture"
number: "8752"
heading: "Base acres for peanuts for a farm"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8752"
units:
  - "Chapter 113 — Agricultural Commodity Support Programs"
  - "Subchapter III — Peanuts"
---

# §8752. Base acres for peanuts for a farm

- (a) **Adjustment of base acreage for peanuts—**
  - (1) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) shall provide for an adjustment, as appropriate, in the [base acres for peanuts](/usc/7/8702.md?p=2-B) for a 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](/usc/16/3831.md)) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
    - (B) Cropland is released from coverage under a conservation reserve contract by the [Secretary](/usc/7/499a.md?p=b-2), or was released during the period beginning on October 1, 2007, and ending on the date of enactment of this Act.
    - (C) The [producer](/usc/7/8702.md?p=13-A) has eligible [pulse crop](/usc/7/8702.md?p=14) acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](/usc/7/7911.md?p=a-2).
    - (D) The [producer](/usc/7/8702.md?p=13-A) has eligible oilseed acreage as the result of the [Secretary](/usc/7/499a.md?p=b-2) designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](/usc/7/7911.md?p=a-2).
  - (2) **Special conservation reserve acreage payment rules—** For the crop year in which a [base acres for peanuts](/usc/7/8702.md?p=2-B) adjustment under subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) of paragraph (1) is first made, the owner of the farm shall elect to receive either [direct payments](/usc/7/8702.md?p=5) and [counter-cyclical payments](/usc/7/8702.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.
- (b) **Prevention of excess base acres for peanuts—**
  - (1) **Required reduction—** If the sum of the [base acres for peanuts](/usc/7/8702.md?p=2-B) for a farm, together with the acreage described in [paragraph (2)](#b-2), exceeds the actual cropland acreage of the farm, the [Secretary](/usc/7/499a.md?p=b-2) shall reduce the [base acres for peanuts](/usc/7/8702.md?p=2-B) for the farm or the [base acres](/usc/7/8702.md?p=2-A) for 1 or more [covered commodities](/usc/7/8702.md?p=4) for the farm so that the sum of the [base acres for peanuts](/usc/7/8702.md?p=2-B) and acreage described in [paragraph (2)](#b-2) does not exceed the actual cropland acreage of the farm.
  - (2) **Other acreage—** For purposes of [paragraph (1)](#b-1), the [Secretary](/usc/7/499a.md?p=b-2) shall include the following:
    - (A) Any [base acres](/usc/7/8702.md?p=2-A) for the farm for a [covered commodity](/usc/7/8702.md?p=4).
    - (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 Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
    - (D) Any eligible [pulse crop](/usc/7/8702.md?p=14) acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](/usc/7/7911.md?p=a-2).
    - (E) If the [Secretary](/usc/7/499a.md?p=b-2) designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under [section 7911(a)(2) of this title](/usc/7/7911.md?p=a-2).
  - (3) **Selection of acres—** The [Secretary](/usc/7/499a.md?p=b-2) shall give the owner of the farm the opportunity to select the [base acres for peanuts](/usc/7/8702.md?p=2-B) or the [base acres](/usc/7/8702.md?p=2-A) for [covered commodities](/usc/7/8702.md?p=4) against which the reduction required by [paragraph (1)](#b-1) will be made.
  - (4) **Exception for double-cropped acreage—** In applying [paragraph (1)](#b-1), the [Secretary](/usc/7/499a.md?p=b-2) shall make an exception in the case of double cropping, as determined by the [Secretary](/usc/7/499a.md?p=b-2).
  - (5) **Coordinated application of requirements—** The [Secretary](/usc/7/499a.md?p=b-2) shall take into account [section 8711(b) of this title](/usc/7/8711.md?p=b) when applying the requirements of this subsection.
- (c) **Reduction in base acres—**
  - (1) **Reduction at option of owner—**
    - (A) **In general—** The owner of a farm may reduce, at any time, the [base acres for peanuts](/usc/7/8702.md?p=2-B) for the farm.
    - (B) **Effect of reduction—** A reduction under [subparagraph (A)](#c-1-A) shall be permanent and made in a manner prescribed by the [Secretary](/usc/7/499a.md?p=b-2).
  - (2) **Required action by Secretary—**
    - (A) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) shall proportionately reduce [base acres](/usc/7/8702.md?p=2-A) on a farm for peanuts 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](/usc/7/8702.md?p=13-A) 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) **Requirement—** The [Secretary](/usc/7/499a.md?p=b-2) shall establish procedures to identify land described in [subparagraph (A)](#c-2-A).
  - (3) **Review and report—** Each year, to ensure, to the maximum extent practicable, that payments are received only by [producers](/usc/7/8702.md?p=13-A), the [Secretary](/usc/7/499a.md?p=b-2) shall submit to Congress a report that describes the results of the actions taken under [paragraph (2)](#c-2).
- (d) **Treatment of farms with limited base acres—**
  - (1) **Prohibition on payments—** Except as provided in [paragraph (2)](#d-2) and notwithstanding any other provision of this chapter, a [producer](/usc/7/8702.md?p=13-A) on a farm may not receive [direct payments](/usc/7/8702.md?p=5), [counter-cyclical payments](/usc/7/8702.md?p=3), or [average crop revenue election payments](/usc/7/8702.md?p=1) if the sum of the [base acres](/usc/7/8702.md?p=2-A) of the farm is 10 acres or less, as determined by the [Secretary](/usc/7/499a.md?p=b-2).
  - (2) **Exceptions—** [Paragraph (1)](#d-1) shall not apply to a farm owned by—
    - (A) a socially disadvantaged farmer or rancher (as defined in [section 2003(e) of this title](/usc/7/2003.md?p=e);[^1] or
    - (B) a limited resource farmer or rancher, as defined by the [Secretary](/usc/7/499a.md?p=b-2).
  - (3) **Suspension of prohibition—** Paragraphs [(1)](#d-1) and [(2)](#d-2) shall not apply during the 2008 crop year.

## Footnotes

[^1]: So in original. There probably should be a closing parenthesis after “title”.

## Source credit

(Pub. L. 110–234, title I, § 1302, May 22, 2008, 122 Stat. 968; Pub. L. 110–246, § 4(a), title I, § 1302, June 18, 2008, 122 Stat. 1664, 1696; Pub. L. 110–398, § 1(a)(2), Oct. 13, 2008, 122 Stat. 4213; Pub. L. 113–188, title I, § 101(a), Nov. 26, 2014, 128 Stat. 2017.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this Act, referred to in subsec. (a)(1)(A), (B), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

The Food Security Act of 1985, referred to in subsec. (b)(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.

This chapter, referred to in subsec. (d)(1), was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

### 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.

### Amendments

2014—Subsec. (d)(3). Pub. L. 113–188, § 101(a)(1), (3), redesignated par. (4) as (3) and struck out former par. (3) which related to required data collection and publication.

Subsec. (d)(4). Pub. L. 113–188, § 101(a)(2), (3), substituted “Paragraphs (1) and (2)” for “Paragraphs (1) through (3)” and redesignated par. (4) as (3).

2008—Subsec. (d)(4). Pub. L. 110–398 added par. (4).

### 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.