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Title 7 — Agriculture

Part A · Chapter 35 — Agricultural Adjustment Act of 1938

§ 1309. Normally planted acreage and target prices

Statutory text

(a)

Authorized planted acreage for 1982 through 1995 crops of wheat and feed grains as prerequisite for loan, etc.; eligibility; determinations; records

Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1995 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination.

(b)

Established price payments

Notwithstanding any other provision of law—

(1)

Whenever the Secretary, for one or more of the 1982 through 1995 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.

(2)

In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.

(3)

If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program.

(4)

The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.

(c)

Marketing quotas in effect for 1987 through 1995 crops of wheat; reduction in normally planted acreage as condition prerequisite for loan, etc.

Notwithstanding any other provision of law, whenever marketing quotas are in effect for any of the 1987 through 1995 crops of wheat, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments on any commodity under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage normally planted to crops designated by the Secretary, adjusted as considered necessary by the Secretary to be fair and equitable among producers, shall be reduced by a quantity equal to—

(1)

the acreage that the Secretary determines would normally be planted to wheat on a farm; minus

(2)

the individual farm program acreage for the farm under section 107B(d)(3)(A) 1 of such Act.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Food and Agriculture Act of 1977

    Pub. L. 95–113 title X § 1001 · 91 Stat. 913

    Enacted · 7 U.S.C. § 1309

    Pub. L. 95–113, title X, § 1001, Sept. 29, 1977, 91 Stat. 950

    Source evidence

    Code source credit
    Pub. L. 95–113, title X, § 1001, Sept. 29, 1977, 91 Stat. 950

    Enacted provision · exact public law section
    Sec. 1001. set-aside of normally planted acreage Notwithstanding any other provision of law, whenever a set-aside is in effect for one or more of the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and 7 USC 1421 note. payments under the Agricultural Act of 1949, as amended, that the acreage normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers, shall be reduced by the acreage of set-aside or diversion.

  2. Pub. L. 95–279 title I § 101 · 92 Stat. 240

    1. Amended · 7 U.S.C. § 1309(b)

      Pub. L. 95–279 designated existing provisions as subsec. (a)

    2. Added · 7 U.S.C. § 1309(b)

      Pub. L. 95–279 added subsec. (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–279 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 101. Section 1001 of the Food and Agriculture Act of 1977 is amended by inserting “(a)” after the section designation and adding a new subsection (b) as follows: “(b) Notwithstanding any other provision of law, whenever a set-aside is in effect for one or more of the 1978 through 1981 crops of wheat, feed grains, and upland cotton, the Secretary may increase the established price for any such commodity by the amount the Secretary determines appropriate to compensate producers for participation in such set-aside. In determining the amount of any such increase, the Secretary shall take into account changes in the cost of production resulting from participation in the set-aside involved. If the established price is increased for any commodity for which a set-aside is in effect, the Secretary may increase the established price for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. The Secretary shall adjust any increase in the established price to reflect, in whole or in part, any land diversion payments for the crop for which an increase is determined.”.

  3. Agricultural Credit Act of 1978

    Pub. L. 95–334 title V § 501(a) · 92 Stat. 420

    Added · 7 U.S.C. § 1309(b)

    Pub. L. 95–334 added applicability to rice

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–334 added applicability to rice.

    Enacted provision · exact public law section
    (a) Section 1001(b) of the Food and Agriculture Act of 1977 is amended by striking out “and upland cotton” and inserting in 7 USC 1309. lieu thereof “upland cotton, and rice”.

  4. Agricultural Adjustment Act of 1980

    Pub. L. 96–213 § 6 · 94 Stat. 119

    Substituted · 7 U.S.C. § 1309(a)

    Pub. L. 96–213 amended subsec. (a) generally, temporarily substituting provisions relating to requiring producers not to exceed the acreage on the farm normally planted to designated crops, as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, for provisions relating to reduction of acreage normally planted to designated crops by the acreage set-aside or diversion for the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice. See Effective and Termination Dates of 1980 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–213 amended subsec. (a) generally, temporarily substituting provisions relating to requiring producers not to exceed the acreage on the farm normally planted to designated crops, as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, for provisions relating to reduction of acreage normally planted to designated crops by the acreage set-aside or diversion for the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice. See Effective and Termination Dates of 1980 Amendment note below.

    Enacted provision · exact public law section
    Sec. 6. normal crop acreage Effective for the 1980 and 1981 crops, section 1001 of the 7 USC 1309. Food and Agriculture Act of 1977 is amended to read as follows: “Sec. 1001. “normally planted acreage and target prices (a) Notwithstanding any other provision of law, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments under the 7 USC 1421 note. Agricultural Act of 1949, that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers. The acreage for any farm normally planted to crops designated by the Secretary shall be reduced by any set-aside or diverted acreage. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1980 and Established price, increase. 1981 crops of wheat, feed grains, upland cotton, and rice, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price for any such commodity by the amount the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any increase in the established price for any commodity under this subsection, the Secretary shall take into account changes in the cost of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If the established price is increased for any commodity under this subsection, the Secretary may increase the established price for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any increase in the established price under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined. “(c) Notwithstanding any other provision of this section, producers 1980 crop, loans, purchases and payments. of the 1980 crop of any commodity who exceed the acreage on the farm normally planted to crops designated by the Secretary may receive loans and purchases and, in the case of commodities for which there is an established price, payments based on the established price for the commodity as determined under the applicable provisions of the Agricultural Act of 1949 in effect on the date preceding the date of 7 USC 1421 note. Ante, p. 119. enactment of the Agricultural Adjustment Act of 1980.”.

  5. Agricultural Adjustment Act of 1980

    Pub. L. 96–213 § 6 · 94 Stat. 119

    Substituted · 7 U.S.C. § 1309(b)

    Pub. L. 96–213 amended subsec. (b) generally, temporarily substituting provisions relating to increases of the established price as compensation to producers for not exceeding the acreage in accordance with subsection (a) and participating in set-asides for 1980 and 1980 crops for provisions relating to increases of the established prices to compensate producers for participation in set-asides for 1978 through 1981 crops. See Effective and Termination Dates of 1980 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–213 amended subsec. (b) generally, temporarily substituting provisions relating to increases of the established price as compensation to producers for not exceeding the acreage in accordance with subsection (a) and participating in set-asides for 1980 and 1980 crops for provisions relating to increases of the established prices to compensate producers for participation in set-asides for 1978 through 1981 crops. See Effective and Termination Dates of 1980 Amendment note below.

    Enacted provision · exact public law section
    Sec. 6. normal crop acreage Effective for the 1980 and 1981 crops, section 1001 of the 7 USC 1309. Food and Agriculture Act of 1977 is amended to read as follows: “Sec. 1001. “normally planted acreage and target prices (a) Notwithstanding any other provision of law, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments under the 7 USC 1421 note. Agricultural Act of 1949, that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers. The acreage for any farm normally planted to crops designated by the Secretary shall be reduced by any set-aside or diverted acreage. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1980 and Established price, increase. 1981 crops of wheat, feed grains, upland cotton, and rice, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price for any such commodity by the amount the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any increase in the established price for any commodity under this subsection, the Secretary shall take into account changes in the cost of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If the established price is increased for any commodity under this subsection, the Secretary may increase the established price for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any increase in the established price under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined. “(c) Notwithstanding any other provision of this section, producers 1980 crop, loans, purchases and payments. of the 1980 crop of any commodity who exceed the acreage on the farm normally planted to crops designated by the Secretary may receive loans and purchases and, in the case of commodities for which there is an established price, payments based on the established price for the commodity as determined under the applicable provisions of the Agricultural Act of 1949 in effect on the date preceding the date of 7 USC 1421 note. Ante, p. 119. enactment of the Agricultural Adjustment Act of 1980.”.

  6. Agricultural Adjustment Act of 1980

    Pub. L. 96–213 § 6 · 94 Stat. 119

    Added · 7 U.S.C. § 1309(c)

    Pub. L. 96–213, in amending section generally, temporarily added subsec. (c). See Effective and Termination Dates of 1980 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–213, in amending section generally, temporarily added subsec. (c). See Effective and Termination Dates of 1980 Amendment note below.

    Enacted provision · exact public law section
    Sec. 6. normal crop acreage Effective for the 1980 and 1981 crops, section 1001 of the 7 USC 1309. Food and Agriculture Act of 1977 is amended to read as follows: “Sec. 1001. “normally planted acreage and target prices (a) Notwithstanding any other provision of law, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments under the 7 USC 1421 note. Agricultural Act of 1949, that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers. The acreage for any farm normally planted to crops designated by the Secretary shall be reduced by any set-aside or diverted acreage. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1980 and Established price, increase. 1981 crops of wheat, feed grains, upland cotton, and rice, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price for any such commodity by the amount the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any increase in the established price for any commodity under this subsection, the Secretary shall take into account changes in the cost of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If the established price is increased for any commodity under this subsection, the Secretary may increase the established price for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any increase in the established price under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined. “(c) Notwithstanding any other provision of this section, producers 1980 crop, loans, purchases and payments. of the 1980 crop of any commodity who exceed the acreage on the farm normally planted to crops designated by the Secretary may receive loans and purchases and, in the case of commodities for which there is an established price, payments based on the established price for the commodity as determined under the applicable provisions of the Agricultural Act of 1949 in effect on the date preceding the date of 7 USC 1421 note. Ante, p. 119. enactment of the Agricultural Adjustment Act of 1980.”.

  7. Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1106 · 95 Stat. 1213

    Substituted · 7 U.S.C. § 1309(a)

    Pub. L. 97–98 substituted provision authorizing the Secretary, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, to require as a condition of eligibility for loans, purchases, and payments for such crops that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary and permitting the Secretary to require producers participating in the program to keep records necessary to assist the Secretary in determining normal crop acreage for any crop year for provision authorizing the Secretary, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, to require as a condition of eligibility for loans, purchases, and payments that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–98 substituted provision authorizing the Secretary, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, to require as a condition of eligibility for loans, purchases, and payments for such crops that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary and permitting the Secretary to require producers participating in the program to keep records necessary to assist the Secretary in determining normal crop acreage for any crop year for provision authorizing the Secretary, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, to require as a condition of eligibility for loans, purchases, and payments that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary.

    Enacted provision · exact public law section
    Sec. 1106. normally planted acreage and target prices Section 1001 of the Food and Agriculture Act of 1977 is 7 USC 1309. amended to read as follows: “Sec. 1001. (a) Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949, that producers not exceed the acreage on the farm normally 7 USC 1421 note. planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1982 through 1985 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.”.

  8. Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1106 · 95 Stat. 1213

    Substituted · 7 U.S.C. § 1309(b)

    Pub. L. 97–98 substituted provision relating to established price increase for one or more of the 1982 through 1985 crops of wheat and feed grains for provision relating to established price increase for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–98 substituted provision relating to established price increase for one or more of the 1982 through 1985 crops of wheat and feed grains for provision relating to established price increase for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice.

    Enacted provision · exact public law section
    Sec. 1106. normally planted acreage and target prices Section 1001 of the Food and Agriculture Act of 1977 is 7 USC 1309. amended to read as follows: “Sec. 1001. (a) Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949, that producers not exceed the acreage on the farm normally 7 USC 1421 note. planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1982 through 1985 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.”.

  9. Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1106 · 95 Stat. 1213

    Struck · 7 U.S.C. § 1309(c)

    Pub. L. 97–98 struck out subsec. (c) which related to loans, purchases, and payments for producers of the 1980 crop of any commodity who exceeded the authorized acreage

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–98 struck out subsec. (c) which related to loans, purchases, and payments for producers of the 1980 crop of any commodity who exceeded the authorized acreage.

    Enacted provision · exact public law section
    Sec. 1106. normally planted acreage and target prices Section 1001 of the Food and Agriculture Act of 1977 is 7 USC 1309. amended to read as follows: “Sec. 1001. (a) Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949, that producers not exceed the acreage on the farm normally 7 USC 1421 note. planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination. “(b) Notwithstanding any other provision of law— “(1) Whenever the Secretary, for one or more of the 1982 through 1985 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(2) In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. “(3) If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. “(4) The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.”.

  10. Food Security Act of 1985

    Pub. L. 99–198 title X § 1014 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1309(a); 7 U.S.C. § 1309(b)(1)

    Pub. L. 99–198 substituted “1982 through 1990” for “1982 through 1985”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1). Pub. L. 99–198 substituted “1982 through 1990” for “1982 through 1985”.

    Enacted provision · exact public law section
    Sec. 1014. normally planted acreage Section 1001 of the Food and Agriculture Act of 1977 (7 U.S.C. 1309) is amended by— (1) striking out “1985” each place it appears and inserting in lieu thereof “1990”; and (2) adding at the end thereof the following new subsection: “(c) Notwithstanding any other provision of law, whenever marketing quotas are in effect for any of the 1987 through 1990 crops of wheat, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments on any commodity under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage normally planted to crops designated by the Secretary, adjusted as considered necessary by the Secretary to be fair and equitable among producers, shall be reduced by a quantity equal to— “(1) the acreage that the Secretary determines would normally be planted to wheat on a farm; minus “(2) the individual farm program acreage for the farm under section 107D(d)(3)(A) of such Act.”. Ante, p. 1383.

  11. Food Security Act of 1985

    Pub. L. 99–198 title X § 1014 · 99 Stat. 1354

    Added · 7 U.S.C. § 1309(c)

    Pub. L. 99–198 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–198 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 1014. normally planted acreage Section 1001 of the Food and Agriculture Act of 1977 (7 U.S.C. 1309) is amended by— (1) striking out “1985” each place it appears and inserting in lieu thereof “1990”; and (2) adding at the end thereof the following new subsection: “(c) Notwithstanding any other provision of law, whenever marketing quotas are in effect for any of the 1987 through 1990 crops of wheat, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments on any commodity under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage normally planted to crops designated by the Secretary, adjusted as considered necessary by the Secretary to be fair and equitable among producers, shall be reduced by a quantity equal to— “(1) the acreage that the Secretary determines would normally be planted to wheat on a farm; minus “(2) the individual farm program acreage for the farm under section 107D(d)(3)(A) of such Act.”. Ante, p. 1383.

  12. Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 1141(1) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 1309(a); 7 U.S.C. § 1309(b)(1); 7 U.S.C. § 1309(c)

    Pub. L. 101–624, § 1141(1), substituted “1995” for “1990”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1), (c). Pub. L. 101–624, § 1141(1), substituted “1995” for “1990”.

    Enacted provision · exact public law section
    (1) by striking “1990” each place it appears and inserting in lieu thereof “1995”; and

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

  13. Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 1141(2) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 1309(c)(2)

    Pub. L. 101–624, § 1141(2), substituted “section 107B(d)(3)(A)” for “section 107D(d)(3)(A)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 101–624, § 1141(2), substituted “section 107B(d)(3)(A)” for “section 107D(d)(3)(A)”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2), by striking “section 107D(d)(3)(A)” and inserting “section 107B(d)(3)(A)”.

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

14 of 14 references resolved to an enrolled provision

Editorial Notes

References in Text

The Agricultural Act of 1949, referred to in subsecs. (a) and (c), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.

Section 107B(d)(3)(A) of such Act, referred to in subsec. (c)(2), is section 107B(d)(3)(A) of the Agricultural Act of 1949, which was classified to section 1445b–3a(d)(3)(A) of this title prior to repeal by Pub. L. 104–127, title I, § 171(b)(2)(D), , 110 Stat. 938.

Codification

Section was enacted as part of the Food and Agriculture Act of 1977, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments1978–1990 · 5 rounds

1990

Subsecs. (a), (b)(1), (c). Pub. L. 101–624, § 1141(1), substituted “1995” for “1990”.

Subsec. (c)(2). Pub. L. 101–624, § 1141(2), substituted “section 107B(d)(3)(A)” for “section 107D(d)(3)(A)”.

1985

Subsecs. (a), (b)(1). Pub. L. 99–198 substituted “1982 through 1990” for “1982 through 1985”.

Subsec. (c). Pub. L. 99–198 added subsec. (c).

1981

Subsec. (a). Pub. L. 97–98 substituted provision authorizing the Secretary, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, to require as a condition of eligibility for loans, purchases, and payments for such crops that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary and permitting the Secretary to require producers participating in the program to keep records necessary to assist the Secretary in determining normal crop acreage for any crop year for provision authorizing the Secretary, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, to require as a condition of eligibility for loans, purchases, and payments that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary.

Subsec. (b). Pub. L. 97–98 substituted provision relating to established price increase for one or more of the 1982 through 1985 crops of wheat and feed grains for provision relating to established price increase for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice.

Subsec. (c). Pub. L. 97–98 struck out subsec. (c) which related to loans, purchases, and payments for producers of the 1980 crop of any commodity who exceeded the authorized acreage.

1980

Subsec. (a). Pub. L. 96–213 amended subsec. (a) generally, temporarily substituting provisions relating to requiring producers not to exceed the acreage on the farm normally planted to designated crops, as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, for provisions relating to reduction of acreage normally planted to designated crops by the acreage set-aside or diversion for the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice. See Effective and Termination Dates of 1980 Amendment note below.

Subsec. (b). Pub. L. 96–213 amended subsec. (b) generally, temporarily substituting provisions relating to increases of the established price as compensation to producers for not exceeding the acreage in accordance with subsection (a) and participating in set-asides for 1980 and 1980 crops for provisions relating to increases of the established prices to compensate producers for participation in set-asides for 1978 through 1981 crops. See Effective and Termination Dates of 1980 Amendment note below.

Subsec. (c). Pub. L. 96–213, in amending section generally, temporarily added subsec. (c). See Effective and Termination Dates of 1980 Amendment note below.

1978

Subsec. (b). Pub. L. 95–334 added applicability to rice.

Pub. L. 95–279 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective , see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.

Effective and Termination Dates of 1980 Amendment

Pub. L. 96–213, § 6, , 94 Stat. 120, provided that the amendment made by that section is effective for the 1980 and 1981 crops.

Effective Date of 1978 Amendments

Pub. L. 95–334, title V, § 501(b), , 92 Stat. 434, provided that: “This section [amending this section] shall become effective , and any producers who, prior to such date, receive payments on the 1978 crop of rice as computed under the Agricultural Act of 1949 [see Short Title note set out under section 1421 of this title], as amended by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under section 1281 of this title], may elect after , to receive payments as computed under section 1001(b) of the Food and Agriculture Act of 1977, as amended by this section.”

Pub. L. 95–279, title I, § 103, , 92 Stat. 241, provided that: “Sections 101 and 102 [amending this section and section 1444 of this title] of this title shall become effective , and any producers who, prior to such date, receive loans and payments on the 1978 crop of the commodity as computed under the Agricultural Act of 1949 [see Short Title note set out under section 1421 of this title], as amended by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under section 1281 of this title] may elect after , to receive loans and payments as computed under this title.”

Effective Date

Section effective , see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Credits

1977–1990 · 7 acts
  1. 1977Pub. L. 95–113, title X, § 1001, , 91 Stat. 950
  2. 1978Pub. L. 95–279, title I, § 101, , 92 Stat. 240
  3. 1978Pub. L. 95–334, title V, § 501(a), , 92 Stat. 434
  4. 1980Pub. L. 96–213, § 6, , 94 Stat. 120
  5. 1981Pub. L. 97–98, title XI, § 1106, , 95 Stat. 1265
  6. 1985Pub. L. 99–198, title X, § 1014, , 99 Stat. 1456
  7. 1990Pub. L. 101–624, title XI, § 1141, , 104 Stat. 3515.
Show as published

(Pub. L. 95–113, title X, § 1001, , 91 Stat. 950; Pub. L. 95–279, title I, § 101, , 92 Stat. 240; Pub. L. 95–334, title V, § 501(a), , 92 Stat. 434; Pub. L. 96–213, § 6, , 94 Stat. 120; Pub. L. 97–98, title XI, § 1106, , 95 Stat. 1265; Pub. L. 99–198, title X, § 1014, , 99 Stat. 1456; Pub. L. 101–624, title XI, § 1141, , 104 Stat. 3515.)

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