7 U.S.C. § 8717 — Planting flexibility

(a) Permitted crops — Subject to (b), a farm may plant any commodity or crop on its base acres. (b) Limitations regarding certain commodities (1) General limitation — Planting any commodity listed in (3) on base acres is banned, unless it is destroyed before harvest. (2) Treatment of trees and other perennials — Planting any (3)-listed commodity that grows on a tree or other perennial plant is banned on base acres. (3) Covered agricultural commodities — (1) and (2) apply to: (A) Fruits, (B) Vegetables (except mung beans and pulse crops), (C) Wild rice. (c) Exceptions — (b)(1) and (2) don't limit planting a (b)(3) commodity: (1) In a region with a history of double-cropping covered commodities together with (b)(3) commodities, as the Secretary decides — double-cropping is allowed there. (2) On a farm the Secretary finds has a history of planting (b)(3) commodities on base acres — allowed, but direct and counter-cyclical payments are cut by one acre for every acre planted that way. (3) By producers on a farm the Secretary finds has an established history of planting one specific (b)(3) commodity — allowed, but (A) the amount planted can't exceed the farm's average yearly planting in 1991–1995 or 1998–2001 (skipping years with no plantings), as the Secretary decides, and (B) payments are still cut by one acre per acre planted. (d) Planting transferability pilot project (1) Pilot project authorized — Despite (b)(1) and (2), and on top of the (c) exceptions, the Secretary must run a pilot project letting farms plant cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, and tomatoes (grown for processing) on base acres during the 2009 through 2012 crop years. (2) Pilot project states and acres — Eligible base acres each year: 9,000 in Illinois; 9,000 in Indiana; 1,000 in Iowa; 9,000 in Michigan; 34,000 in Minnesota; 4,000 in Ohio; 9,000 in Wisconsin. (3) Contract and management requirements — To join the pilot, a farm's producers must (A) show the Secretary they have a contract to grow one of the (1) crops for processing, (B) agree to grow it as part of a crop-rotation plan for agronomic and pest/disease benefits, and (C) show evidence of what happens to the crop. (4) Temporary reduction in base acres — A farm's base acres for the crop year are cut by one acre for each acre planted under the pilot. (5) Duration of reductions — That base-acre cut expires at the end of that crop year. (6)(A) In general — If the Secretary recalculates a farm's base acres while it's in the pilot, planting and growing a pilot crop on temporarily-reduced base acres counts the same as planting and growing a regular covered commodity. (B) Prohibition — Nothing here gives the Secretary new authority to recalculate a farm's base acres. (7) Pilot impact evaluation (A) In general — The Secretary must periodically evaluate the pilot's effects on the supply and price of (i) fresh fruits and vegetables and (ii) fruits and vegetables for processing. (B) Determination — Each evaluation must determine whether (i) fresh fruit and vegetable producers are being hurt, and (ii) existing production capacity is being displaced. (C) Report — As soon as practical after each evaluation, the Secretary must report the results to the House and Senate Agriculture Committees.