Volume 72 · 178
Public Law 85–177
To amend the Agricultural Adjustment Act of 1938, as amended, with respect to rice acreage allotments.
Approved June 4, 1958
Statutory text
AN ACT
To amend the Agricultural Adjustment Act of 1938, as amended, with respect to rice acreage allotments.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 353 (b)
Rice.
Acreage allotments.
of the Agricultural Adjustment Act of 1938, as amended, be amended (1) by inserting in the first sentence thereof the words “in the State” immediately following the words “persons who have produced rice”, (2) by inserting in the second sentence thereof the words “in the State” immediately following the words “persons who will produce rice” and immediately following the words “but who have not produced rice”, and (3) by adding at the end of subsection (b) a new sentence reading as follows: “In determining the eligibility of any producer or farm
Eligibility.
for an allotment as an old producer or farm under the first sentence of this subsection or as a new producer or farm under the second sentence of this subsection, such producer or farm shall not be considered to have produced rice on any acreage which under subsection (c)(2) is either not to be taken into account in establishing acreage allotments or is not to be credited to such producer.” The amendment made by this section shall be applicable to the planting of rice in 1958 and subsequent years.
Sec. 2.
Section 353 (b) of the Agricultural Adjustment Act of 1938, as amended, is further amended—
by inserting in the first proviso contained therein, before the words “the State acreage allotment”, the following: “part or all of”;
by inserting at the end of such first proviso a colon and the following: “Provided further, That if the Secretary determines
Administrative areas.
that part of the State acreage allotment shall be apportioned on the basis of past production of rice by the producer on the farm and part on the basis of the past production of rice on the farm, he shall divide the State into two administrative areas, to be designated ‘producer administrative area’ and ‘farm administrative area’, respectively, which areas shall be separated by a natural barrier which would prevent each area from being readily accessible to rice producers in one area for producing rice in the other area, and each such area shall be composed of whole counties”; and
by adding at the end of such subsection (b)(as it would be
“State acreage allotment”.
amended by the first section of this Act) the following: “For purposes of this section in States which have been divided into administrative areas pursuant to this subsection the term ‘State acreage allotment’ shall be deemed to mean that part of the State acreage allotment apportioned to each administrative area and the word ‘State’ shall be deemed to mean ‘administrative area’, wherever applicable.”
Section 353 (c)(1) of the Agricultural Adjustment Act of 1938,
County apportionment.
as amended, is amended by inserting immediately following the colon, the following: “Provided, That if the State is divided into administrative areas pursuant to subsection (b) of this section the allotment for each administrative area shall be determined by apportioning the State acreage allotment among counties as provided in this subsection and totaling the allotments for the counties in such area:”.
This section shall become effective for the 1958 and subsequent
Effectivity.
crops of rice: Provided, That if any State is divided into administrative areas for 1958 pursuant to section 353 (b) of the Act, as amended, acreage allotments heretofore established for farms in such areas shall be redetermined to the extent required as a result of such division: Provided further, That the allotment heretofore established for any farm shall not be reduced as a result of such redetermination. The additional acreage, if any, required to provide such minimum allotments shall be in addition to the 1958 National and State acreage allotments.
Sec. 3.
Section 353 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof a new subsection (f) reading as follows: “(f) Notwithstanding any other provision of this section, the acreage allotment established, or which would have been established, for a farm or any part thereof which is removed from agricultural production because of acquisition in 1955 or thereafter by any Federal, State, or other agency having a right of eminent domain shall be placed in an allotment pool and shall be used only to establish allotments for other farms owned or acquired by the owner of the farm or any part thereof so acquired by such agency: Provided, That such owner must make application therefor within three years after the end of the calendar year in which such farm or any part thereof was removed from agricultural production: Provided further, That the allotment so made for any farm, including a farm on which rice has not been planted to any of the five crops of rice preceding the crop for which the allotment is made, after taking into consideration the allotment acreage which was placed in the pool from the farm or any part thereof acquired from the applicant, shall be comparable with the allotments established for other farms in the same area which are similar except for the past acreage of rice.”
Sec. 4.
Section 356 of the Agricultural Adjustment Act of 1938, as amended, is amended (1) by adding at the end of subsection (a) a new sentence reading as follows: “Effective beginning with the 1958 crop, the rate of penalty on rice shall be 65 per centum of the parity price per pound for rice as of June 15 of the calendar year in which the crop is produced.”, and (2) by adding at the end of such section a new subsection (h) reading as follows: “(h) Whenever, in any marketing year, marketing quotas are not in effect with respect to the crop of rice produced in the calendar year in which such marketing year begins, all marketing quotas applicable to previous crops of rice shall be terminated, effective as of the first day of such marketing year. Such termination shall not abate any penalty previously incurred by a producer or relieve any buyer of the duty to remit penalties previously collected by him.”
Approved June 4, 1958.