Planting Provisions On Dcp Base Acreage

Planting perennial WR/FAVs on DCP base acres is a violation of the regulations (and will result in reduced payment acres), even if the WR/FAVs are destroyed without benefit before harvest.

In general, planting non-perennial WR/FAVs on DCP base acres is not a violation (and will not result in reduced payment acres) if the WR/FAVs are destroyed without benefit before harvest. The WR/FAV destruction must be verified by FSA through a farm visit paid for by the producer.

However, any WR/FAVs may be planted on DCP base acres and a DCP contract violation WILL NOT occur if any of the following three exceptions to the planting restriction rule apply:

1. Double-Cropping Regions --

WR/FAVs are planted in a double-cropping practice with a DCP eligible commodity. The following provisions apply to this exception:
DCP payment acres are not reduced for such plantings.
The farm must be in a county approved for double-cropping DCP eligible commodities with WR/FAVs. WR/FAV double-cropping regions were established by FSA state committees and are published in the Federal Register.

2. Farm History --

WR/FAVs are planted on a farm with an established history of planting WR/FAVs. The following provisions that apply to this exception are farm-specific:
Although no contract violation will result, the DCP payment acres will be reduced by an acre for each acre of base acreage planted to WR/FAVs.
WR/FAV farm history is based on the farm's plantings for crop years 1991-1995 and 1998-2001.

3. Producer History --

A producer with an interest in planting a specific WR/FAV has an established history of planting that WR/FAV. The following provisions apply to this exception:

Although no contract violation will result, the DCP payment acres will be reduced by an acre for each acre of base acreage planted to WR/FAVs.
The planting must not exceed the producer's average annual planting history for the specific WR/FAV for either (but not both) the 1991-1995 or 1998-2001 crop years, as chosen by the producer.
To calculate a producer's average annual planting history, all years in which the producer did not plant the specific WR/FAV, as applicable, are excluded.
Failure to Comply with WR/FAV Planting Restrictions

In general, if WR/FAVs are planted on DCP base acres and one of the above three exceptions does not apply, the DCP contract has been violated and may be terminated.

If FSA determines the violation does not warrant contract termination, the farm's payment acres will be reduced by an acre for each acre of WR/FAV planted on base acres. FSA will also assess an additional payment reduction based on the market value of the WR/FAV. FSA state committees establish the per acre market value of the WR/FAV planted. The reductions cannot exceed the total amount of DCP payments for the farm for that crop year.