7 U.S.C. § 8717: Planting flexibility

Subject to subsection (b), any commodity or crop may be planted on base acres on a farm. 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. 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. Fruits. Vegetables (other than mung beans and pulse crops). Wild rice. 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; on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers 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; and direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity. Notwithstanding paragraphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), the Secretary 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 during each of the 2009 through 2012 crop years. 9,000 acres in the State of Illinois; 9,000 acres in the State of Indiana; 1,000 acres in the State of Iowa; 9,000 acres in the State of Michigan; 34,000 acres in the State of Minnesota; 4,000 acres in the State of Ohio; and 9,000 acres in the State of Wisconsin. demonstrate to the Secretary that the producers on the farm have entered into a contract to produce a crop of a commodity specified in paragraph (1) for processing; 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 provide evidence of the disposition of the crop. The base acres on a farm for a crop year shall be reduced by an acre for each acre planted under the pilot program. The reduction in the base acres of a farm for a crop year under paragraph (4) shall expire at the end of the crop year. If the Secretary recalculates base acres 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) on base acres 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. Nothing in this paragraph provides authority for the Secretary to recalculate base acres for a farm. fresh fruits and vegetables; and fruits and vegetables for processing. producers of fresh fruits and vegetables are being negatively impacted; and existing production capacities are being supplanted. As soon as practicable after conducting an evaluation under subparagraph (A), the Secretary 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.