Title 7 — Agriculture
Part B · Chapter 35 — Agricultural Adjustment Act of 1938
§ 1333. National acreage allotment
Statutory text
The Secretary shall proclaim a national acreage allotment for each crop of wheat. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of the projected national yield and expected underplantings (acreage other than that not harvested because of program incentives) of farm acreage allotments will produce an amount of wheat equal to the national marketing quota for wheat for the marketing year for such crop, or if a national marketing quota was not proclaimed, the quota which would have been determined if one had been proclaimed.
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.
Agricultural Adjustment Act of 1938
Pub. L. 75–30 · 52 Stat. 31
Enacted · 7 U.S.C. § 1333
Feb. 16, 1938, ch. 30, title III, § 333, 52 Stat. 53
Source evidence
Code source credit
Feb. 16, 1938, ch. 30, title III, § 333, 52 Stat. 53Food and Agriculture Act of 1962
Pub. L. 87–703 title III § 312 · 76 Stat. 605
Substituted · 7 U.S.C. § 1333
Pub. L. 87–703 substituted provision for proclamation of a national acreage allotment at the time of proclamation of the national marketing quota in an amount that would be the number of acres which on the basis of expected yields would, together with the expected production on increases in acreage allotments for small farms and on increased acreages resulting from the small-farm exemption, make available a supply equal to the national marketing quota for provision for determination of the national acreage allotment as such acreage as on the basis of the national average yield would produce an amount, which, with estimated carryover and imports, would make available a supply equal to a normal year’s domestic consumption and exports plus 30 per centum and prescribing a national acreage allotment for wheat for 1938 at sixty-two million five hundred thousand acres and for any year at not less than fifty-five million acres
Source evidence
Code amendment note
Pub. L. 87–703 substituted provision for proclamation of a national acreage allotment at the time of proclamation of the national marketing quota in an amount that would be the number of acres which on the basis of expected yields would, together with the expected production on increases in acreage allotments for small farms and on increased acreages resulting from the small-farm exemption, make available a supply equal to the national marketing quota for provision for determination of the national acreage allotment as such acreage as on the basis of the national average yield would produce an amount, which, with estimated carryover and imports, would make available a supply equal to a normal year’s domestic consumption and exports plus 30 per centum and prescribing a national acreage allotment for wheat for 1938 at sixty-two million five hundred thousand acres and for any year at not less than fifty-five million acres.Enacted provision · exact public law section
Sec. 312. Section 333 of the Agricultural Adjustment Act of 1938, 52 Stat. 53. 7 USC 1333. as amended, is hereby amended to read as follows: “Sec. 333. “national acreage allotment Whenever the amount of the national marketing quota for wheat is proclaimed for any marketing year, the Secretary at the same time shall proclaim a national acreage allotment for the crop of wheat planted for harvest in the calendar year in which such marketing year begins. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of expected yields and expected underplantings of farm acreage allotments will, together with (1) the expected production on the increases in acreage allotments for farms based upon small-farm Post, p. 621; 7 USC 1335. base acreages pursuant to section 335, and (2) the expected production on increased acreages resulting from the small-farm exemption pursuant to section 335, make available a supply of wheat equal to the national marketing quota for wheat for such marketing year.”Food and Agriculture Act of 1965
Pub. L. 89–321 title V § 501(2) · 79 Stat. 1187
Substituted · 7 U.S.C. § 1333
Pub. L. 89–321 substituted projected national yield for expected yield in the determination of the basis to be used in arriving at the national acreage allotment
Inserted · 7 U.S.C. § 1333
Pub. L. 89–321 inserted limiting parenthetical reference to acreage other than that harvested because of program incentives
Struck · 7 U.S.C. § 1333
Pub. L. 89–321 struck out references to expected production on the increases in acreage allotments for farms based upon small-farm base acreages pursuant to section 1335 of this title and to the expected production on the increased acreages resulting from the small-farm exemption pursuant to section 1335 of this title
Source evidence
Code amendment note
Pub. L. 89–321 substituted projected national yield for expected yield in the determination of the basis to be used in arriving at the national acreage allotment, inserted limiting parenthetical reference to acreage other than that harvested because of program incentives, and struck out references to expected production on the increases in acreage allotments for farms based upon small-farm base acreages pursuant to section 1335 of this title and to the expected production on the increased acreages resulting from the small-farm exemption pursuant to section 1335 of this title.Enacted provision · exact public law section
(2) Section 333 is amended to read as follows: “The Secretary shall 76 Stat. 620. 7 USC 1333. proclaim a national acreage allotment for each crop of wheat. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of the projected national yield and expected under plantings (acreage other than that not harvested because of program incentives) of farm acreage allotments will produce an amount of wheat equal to the national marketing quota for wheat for the marketing year for such crop, or if a national marketing quota was not proclaimed, the quota which would have been determined if one had been proclaimed.”Food Security Act of 1985
Pub. L. 99–198 title III § 303 · 99 Stat. 1354
Substituted · 7 U.S.C. § 1333
Pub. L. 99–198 amended section generally, temporarily substituting provisions relating to the establishment and determination of a marketing quota apportionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 1332 of this title for provisions relating to the proclamation and determination of a national acreage allotment for each crop of wheat. See Effective and Termination Dates of 1985 Amendment note below
Source evidence
Code amendment note
Pub. L. 99–198 amended section generally, temporarily substituting provisions relating to the establishment and determination of a marketing quota apportionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 1332 of this title for provisions relating to the proclamation and determination of a national acreage allotment for each crop of wheat. See Effective and Termination Dates of 1985 Amendment note below.Enacted provision · exact public law section
Sec. 303. marketing quota apportionment factor Effective only for the 1987 through 1990 crops of wheat, section 333 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1333) is amended to read as follows: “Sec. 333. “marketing quota apportionment factor (a) The Secretary shall establish a marketing quota apportionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 332. Ante, p. 1378. “(b) The apportionment factor shall be determined by dividing— “(1) the national marketing quota for such crop of wheat; by “(2) the average number of bushels of wheat the Secretary determines was produced in the United States during the base period, adjusted to reflect the quantity of wheat that would have been produced during such years except for— “(A) drought, flood, or other natural disaster, or other conditions beyond the control of producers; and “(B) participation in any acreage reduction, set-aside, or diversion programs for wheat during such crop years, as determined by the Secretary.”.Effective date note
Pub. L. 99–198, title III, § 303, Dec. 23, 1985, 99 Stat. 1379, provided that the amendment made by that section is effective only for the 1987 through 1990 crops of wheat.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1938–1985 · 6 rounds
1985
Pub. L. 99–198 amended section generally, temporarily substituting provisions relating to the establishment and determination of a marketing quota apportionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 1332 of this title for provisions relating to the proclamation and determination of a national acreage allotment for each crop of wheat. See Effective and Termination Dates of 1985 Amendment note below.
1965
Pub. L. 89–321 substituted projected national yield for expected yield in the determination of the basis to be used in arriving at the national acreage allotment, inserted limiting parenthetical reference to acreage other than that harvested because of program incentives, and struck out references to expected production on the increases in acreage allotments for farms based upon small-farm base acreages pursuant to section 1335 of this title and to the expected production on the increased acreages resulting from the small-farm exemption pursuant to section 1335 of this title.
1962
Pub. L. 87–703 substituted provision for proclamation of a national acreage allotment at the time of proclamation of the national marketing quota in an amount that would be the number of acres which on the basis of expected yields would, together with the expected production on increases in acreage allotments for small farms and on increased acreages resulting from the small-farm exemption, make available a supply equal to the national marketing quota for provision for determination of the national acreage allotment as such acreage as on the basis of the national average yield would produce an amount, which, with estimated carryover and imports, would make available a supply equal to a normal year’s domestic consumption and exports plus 30 per centum and prescribing a national acreage allotment for wheat for 1938 at sixty-two million five hundred thousand acres and for any year at not less than fifty-five million acres.
1948
Act , required the Secretary to take imports into consideration in determining acreage allotments for the purposes of marketing quotas.
1939
Act , amended last sentence.
1938
Act , inserted last sentence.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 Amendment
Pub. L. 99–198, title III, § 303, , 99 Stat. 1379, provided that the amendment made by that section is effective only for the 1987 through 1990 crops of wheat.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–321 effective beginning with crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under section 1332 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–703 effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title.
Effective Date of 1948 Amendment
Amendment by act , effective , see section 303 of act , set out as a note under section 1301 of this title.
Inapplicability of Section
Section inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see section 9092(a)(1) of this title.
Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see section 8782(a)(1) of this title.
Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see section 7992(a)(1) of this title.
Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see section 7301(a)(1)(A) of this title.
Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title.
Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title.
Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title.
Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title.
Pub. L. 91–524, title IV, § 404(2), , 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), , 87 Stat. 229, provided that this section is not applicable to 1972 through 1977 crops of wheat.
1965 Crop Acreage Allotment
Proclamation of a national acreage allotment for 1965 crop of wheat that will make available an adequate supply of wheat but shall not be less than forty-nine million five hundred thousand acres, see section 201 of Pub. L. 88–297, set out as a note under section 1332 of this title.
Credits
1938–1985 · 7 acts
- 1938Feb. 16, 1938, ch. 30, title III, § 333, 52 Stat. 53
- 1938June 20, 1938, ch. 518, 52 Stat. 775
- 1939July 26, 1939, ch. 377, 53 Stat. 1125
- 1948July 3, 1948, ch. 827, title II, § 207(b), 62 Stat. 1257
- 1962Pub. L. 87–703, title III, § 312, , 76 Stat. 620
- 1965Pub. L. 89–321, title V, § 501(2), , 79 Stat. 1199
- 1985Pub. L. 99–198, title III, § 303, , 99 Stat. 1379.
Show as published
(Feb. 16, 1938, ch. 30, title III, § 333, 52 Stat. 53; June 20, 1938, ch. 518, 52 Stat. 775; July 26, 1939, ch. 377, 53 Stat. 1125; July 3, 1948, ch. 827, title II, § 207(b), 62 Stat. 1257; Pub. L. 87–703, title III, § 312, , 76 Stat. 620; Pub. L. 89–321, title V, § 501(2), , 79 Stat. 1199; Pub. L. 99–198, title III, § 303, , 99 Stat. 1379.)