§ 1334. Apportionment of national acreage allotment

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. 1938

   Agricultural Adjustment Act of 1938

   Pub. L. 75–30 · 52 Stat. 31

   Enacted · 7 U.S.C. § 1334

   Feb. 16, 1938, ch. 30, title III, § 334, 52 Stat. 53

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 334, 52 Stat. 53

2. 1938

   Public Law not identified

   Struck · 7 U.S.C. § 1334(b)

   Subsec. (b). Act Apr. 7, 1938, struck out “net” before “acreage diverted” from parenthetical provision

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Apr. 7, 1938, struck out “net” before “acreage diverted” from parenthetical provision.

3. 1942

   Public Law not identified

   Added · 7 U.S.C. § 1334(d)

   Subsec. (d). Act Feb. 6, 1942, added subsec. (d)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d). Act Feb. 6, 1942, added subsec. (d).

4. 1953

   Public Law not identified

   Changed · 7 U.S.C. § 1334(a)

   Subsec. (a). Act July 14, 1953, provided a reserve of up to 1 percent of the national acreage allotment for counties in which new areas have come into production

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act July 14, 1953, provided a reserve of up to 1 percent of the national acreage allotment for counties in which new areas have come into production.

5. 1953

   Public Law not identified

   Changed · 7 U.S.C. § 1334(b)

   Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve of State acreage allotments for new farms

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve of State acreage allotments for new farms.

6. 1953

   Public Law not identified

   Changed · 7 U.S.C. § 1334(c)

   Subsec. (c). Act July 14, 1953, recognized the use of past acreage as a factor in making farm allotments and placed the reserves for new farms on a State basis instead of a county basis

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act July 14, 1953, recognized the use of past acreage as a factor in making farm allotments and placed the reserves for new farms on a State basis instead of a county basis.

7. 1953

   Public Law not identified

   Changed · 7 U.S.C. § 1334(d)

   Subsec. (d). Act July 14, 1953, made the provision relating to farms acquired for national-defense purposes apply to farms acquired in 1950 or thereafter instead of 1940 or thereafter

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d). Act July 14, 1953, made the provision relating to farms acquired for national-defense purposes apply to farms acquired in 1950 or thereafter instead of 1940 or thereafter.

8. 1954

   Public Law not identified

   Added · 7 U.S.C. § 1334(e)

   Subsec. (e). Act Jan. 30, 1954, added subsec. (e)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (e). Act Jan. 30, 1954, added subsec. (e).

9. 1954

   Public Law not identified

   Added · 7 U.S.C. § 1334(f)

   Subsec. (f). Act Aug. 28, 1954, added subsec. (f)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (f). Act Aug. 28, 1954, added subsec. (f).

10. 1955

    Public Law not identified

    Changed · 7 U.S.C. § 1334(e)

    Subsec. (e). Act Feb. 19, 1955, removed for 1955, requirements restricting increased acreage allotments to producers who devote a normal share of their original allotment to durum and who have produced durum in 1 or more of the preceding 3 years

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e). Act Feb. 19, 1955, removed for 1955, requirements restricting increased acreage allotments to producers who devote a normal share of their original allotment to durum and who have produced durum in 1 or more of the preceding 3 years.

11. 1956

    Public Law not identified

    Changed · 7 U.S.C. § 1334(e)

    Subsec. (e). Act Mar. 16, 1956, extended increased durum allotment to the 1956 crop and to certain counties in California, shortened the production history from 10 to 5 years and advanced it 1 year to include 1955, and made increased durum allotment dependent upon reduced planting of other wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e). Act Mar. 16, 1956, extended increased durum allotment to the 1956 crop and to certain counties in California, shortened the production history from 10 to 5 years and advanced it 1 year to include 1955, and made increased durum allotment dependent upon reduced planting of other wheat.

12. 1956

    Public Law not identified

    Substituted · 7 U.S.C. § 1334(f)

    Subsec. (f). Act May 28, 1956, substituted “1955, 1956, or 1957” for “1955”, in two places

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (f). Act May 28, 1956, substituted “1955, 1956, or 1957” for “1955”, in two places.

13. 1956

    Public Law not identified

    Added · 7 U.S.C. § 1334(g)

    Subsec. (g). Act Aug. 7, 1956, added subsec. (g)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (g). Act Aug. 7, 1956, added subsec. (g).

14. 1957

    Pub. L. 85–13 · 71 Stat. 10

    1. Substituted · 7 U.S.C. § 1334(e)

       Pub. L. 85–13 substituted “1957” for “1956” in two places

    2. Substituted · 7 U.S.C. § 1334(e)

       Pub. L. 85–13 substituted “1952 through 1956” for “1951 through 1955”, prohibited increase of acreage allotment under subsec. (e) by more than 60 acres

    3. Inserted · 7 U.S.C. § 1334(e)

       Pub. L. 85–13 inserted clause providing for fixing “farm acreage allotment” as allotment established without regard to subsec. (e) and clause providing for counting each acre planted to durum wheat as one-half acre of wheat for application of section 1821(a)(1) of this title

    4. Inserted · 7 U.S.C. § 1334(e)

       Pub. L. 85–13 inserted provision that “wheat acreage on the farm” includes acreage in the wheat acreage report

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 85–13 substituted “1957” for “1956” in two places, substituted “1952 through 1956” for “1951 through 1955”, prohibited increase of acreage allotment under subsec. (e) by more than 60 acres, inserted clause providing for fixing “farm acreage allotment” as allotment established without regard to subsec. (e) and clause providing for counting each acre planted to durum wheat as one-half acre of wheat for application of section 1821(a)(1) of this title, and inserted provision that “wheat acreage on the farm” includes acreage in the wheat acreage report.

15. 1957

    Pub. L. 85–203 § 2 · 71 Stat. 477

    Added · 7 U.S.C. § 1334(h)

    Pub. L. 85–203 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 85–203 added subsec. (h).

    Enacted provision · exact public law section
    Sec. 2. Section 334 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following new subsection: “(h) Notwithstanding any other provision of law, no acreage in Acreage allotments. Restriction. the commercial wheat-producing area seeded to wheat for harvest as grain in 1958 or thereafter in excess of acreage allotments shall be considered in establishing future State, county, and farm acreage allotments. The planting on a farm in the commercial wheat-producing area of wheat of the 1958 or any subsequent crop for which no farm wheat acreage allotment was established shall not make the farm eligible for an allotment as an old farm pursuant to the first sentence of subsection (c) of this section nor shall such farm by reason of such planting be considered ineligible for an allotment as a new farm under the second sentence of such subsection.”

16. 1958

    Pub. L. 85–366 § 1(1) · 72 Stat. 78

    Inserted · 7 U.S.C. § 1334(a)

    Pub. L. 85–366, § 1(1), inserted proviso that in establishing State acreage allotments acreage seeded plus acreage diverted for 1959 and subsequent years for farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage allotment for such year

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–366, § 1(1), inserted proviso that in establishing State acreage allotments acreage seeded plus acreage diverted for 1959 and subsequent years for farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage allotment for such year.

    Enacted provision · exact public law section
    (1) by changing the period at the end of the first sentence of subsection (a) to a colon and adding a proviso as follows: “Provided, That in establishing State acreage allotments the acreage seeded for the production of wheat plus the acreage diverted for 1959 and any subsequent year for any farm on which the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of establishing State wheat acreage allotments subsequent to such depletion the seeded plus diverted acreage of wheat for the farm for the year in which the excess was produced shall be reduced to the farm wheat acreage allotment for such year.”

17. 1958

    Pub. L. 85–366 § 1(2) · 72 Stat. 78

    Inserted · 7 U.S.C. § 1334(b)

    Pub. L. 85–366, § 1(2), inserted proviso that in establishing county acreage allotments acreage seeded plus acreage diverted for 1959 and subsequent years for farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage for such year

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 85–366, § 1(2), inserted proviso that in establishing county acreage allotments acreage seeded plus acreage diverted for 1959 and subsequent years for farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty shall be base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, farm’s seeded plus diverted acreage for year excess was produced shall be reduced to acreage for such year.

    Enacted provision · exact public law section
    (1) by changing the period at the end of the first sentence of subsection (a) to a colon and adding a proviso as follows: “Provided, That in establishing State acreage allotments the acreage seeded for the production of wheat plus the acreage diverted for 1959 and any subsequent year for any farm on which the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of establishing State wheat acreage allotments subsequent to such depletion the seeded plus diverted acreage of wheat for the farm for the year in which the excess was produced shall be reduced to the farm wheat acreage allotment for such year.”

18. 1958

    Pub. L. 85–366 § 1(3) · 72 Stat. 78

    Inserted · 7 U.S.C. § 1334(c)

    Pub. L. 85–366, § 1(3), inserted sentence relating to establishment of farm acreage allotment for 1958 and past acreage for 1959 and subsequent years, with the proviso that for 1959 and subsequent years, any farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty, the past acreage for the year of delivery or storage shall be the base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, past acreage of wheat for year excess was produced shall be reduced to farm allotment for such year

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–366, § 1(3), inserted sentence relating to establishment of farm acreage allotment for 1958 and past acreage for 1959 and subsequent years, with the proviso that for 1959 and subsequent years, any farm on which entire marketing excess is delivered to Secretary or stored to avoid penalty, the past acreage for the year of delivery or storage shall be the base acreage determined for farm by Secretary’s regulations for such year, but if such stored wheat is subsequently depleted, resulting in penalty, past acreage of wheat for year excess was produced shall be reduced to farm allotment for such year.

    Enacted provision · exact public law section
    (1) by changing the period at the end of the first sentence of subsection (a) to a colon and adding a proviso as follows: “Provided, That in establishing State acreage allotments the acreage seeded for the production of wheat plus the acreage diverted for 1959 and any subsequent year for any farm on which the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of establishing State wheat acreage allotments subsequent to such depletion the seeded plus diverted acreage of wheat for the farm for the year in which the excess was produced shall be reduced to the farm wheat acreage allotment for such year.”

19. 1958

    Pub. L. 85–366 § 1(4) · 72 Stat. 78

    Substituted · 7 U.S.C. § 1334(h)

    Pub. L. 85–366, § 1(4), substituted “future State and county acreage allotments except as prescribed in the provisos to the first sentence of subsections (a) and (b), respectively, of this section” for “future State, county, and farm acreage allotments”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 85–366, § 1(4), substituted “future State and county acreage allotments except as prescribed in the provisos to the first sentence of subsections (a) and (b), respectively, of this section” for “future State, county, and farm acreage allotments”.

    Enacted provision · exact public law section
    (1) by changing the period at the end of the first sentence of subsection (a) to a colon and adding a proviso as follows: “Provided, That in establishing State acreage allotments the acreage seeded for the production of wheat plus the acreage diverted for 1959 and any subsequent year for any farm on which the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of establishing State wheat acreage allotments subsequent to such depletion the seeded plus diverted acreage of wheat for the farm for the year in which the excess was produced shall be reduced to the farm wheat acreage allotment for such year.”

20. 1958

    Pub. L. 85–390 · 72 Stat. 101

    Added · 7 U.S.C. § 1334(i)

    Pub. L. 85–390 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 85–390 added subsec. (i).

21. 1958

    Agricultural Act of 1958

    Pub. L. 85–835 title V § 501 · 72 Stat. 988

    Repealed · 7 U.S.C. § 1334(d)

    Pub. L. 85–835, repealed subsec. (d) which related to adjustment of allotment upon acquisition of part of farms by United States for defense

    Source evidence

    Code amendment note
    Subsec. (d). Act Feb. 16, 1938, § 378(d), as added by Pub. L. 85–835, repealed subsec. (d) which related to adjustment of allotment upon acquisition of part of farms by United States for defense.

    Enacted provision · exact public law section
    Sec. 501. The Agricultural Adjustment Act of 1938, as amended, is amended 70 Stat. 206. 7 USC 1377. by adding after section 377 the following new section: “Sec. 378. (a) Notwithstanding any other provision of this Act, the allotment determined for any commodity for any land from which the owner is displaced because of acquisition of the land for any purpose, other than for the continued production of allotted crops, by any Federal, State, or other agency having the right of eminent domain shall be placed in an allotment pool and shall be available only for use in providing allotments for other farms owned by the owner so displaced. Upon application to the county committee, within three years after the date of such displacement, or three years after the enactment of this section, whichever period is longer, any owner so displaced shall be entitled to have established for other farms owned by him allotments which are comparable with allotments determined for other farms in the same area which are similar except for the past acreage of the commodity, taking into consideration the land, labor, and equipment available for the production of the commodity, crop-rotation practices, and the soil and other physical factors affecting the production of the commodity: Provided, That the acreage used to establish or increase the allotments for such farms shall be transferred from the pool and shall not exceed the allotment most recently established for the farm acquired from the applicant and placed in the pool. During the period of eligibility for the making of allotments under this section for a displaced owner, acreage allotments for the farm from which the owner was so displaced shall be established in accordance with the procedure applicable to other farms, and such allotments shall be considered to have been fully planted. After such allotment is made under this section, the proportionate part, or all, as the case may be, of the past acreage used in establishing the allotment most recently placed in the pool for the farm from which the owner was so displaced shall be transferred to and considered for the purposes of future State, county, and farm acreage allotments to have been planted on the farm to which allotment is made under this section. Except where paragraph (c) requires the transfer of allotment to another portion of the same farm, for the purpose of this section (1) that part of any farm from which the owner is so displaced and that part from which he is not so displaced shall be considered as separate farms; and (2) an owner who voluntarily relinquishes possession of the land subsequent to its acquisition by an agency having the right of eminent domain shall be considered as having been displaced because of such acquisition. “(b) The provisions of this section shall not be applicable if (1) there is any marketing quota penalty due with respect to the marketing of the commodity from the farm acquired by the Federal, State, or other agency or by the owner of the farm; (2) any of the commodity produced on such farm has not been accounted for as required by the Secretary; or (3) the allotment next established for the farm acquired by the Federal, State, or other agency would have been reduced because of false or improper identification of the commodity produced on or marketed from such farm or due to a false acreage report. “(c) This section shall not be applicable, in the case of cotton, tobacco, and peanuts, to any farm from which the owner was displaced prior to 1950, in the case of wheat and corn, to any farm from which the owner was displaced prior to 1954, and in the case of rice, to any farm from which the owner was displaced prior to 1955. In any case where the cropland acquired for nonfarming purposes from an owner by an agency having the right of eminent domain represents less than 15 per centum of the total cropland on the farm, the allotment attributable to that portion of the farm so acquired shall be transferred to that portion of the farm not so acquired. “(d) Sections 313 (h), 334 (d), 344 (h), 353 (f),and 358 (h) of the Repeals. 7 USC 1313, 1334, 1344, 1353, 1358. Agricultural Adjustment Act of 1938, as amended, are repealed, but any transfer or reassignment of allotment heretofore made under the provisions of these sections shall remain in effect, and any displaced farm owner for whom an allotment has been established under such repealed sections shall not be eligible for additional allotment under subsection (a) of this section because of such displacement.”

22. 1960

    Pub. L. 86–385 · 74 Stat. 4

    Substituted · 7 U.S.C. § 1334(i)

    Pub. L. 86–385 substituted “1958 through 1961” for “1958 and 1959”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 86–385 substituted “1958 through 1961” for “1958 and 1959”.

23. 1960

    Pub. L. 86–419 · 74 Stat. 39

    Added · 7 U.S.C. § 1334(d)

    Pub. L. 86–419 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 86–419 added subsec. (d).

24. 1961

    Agricultural Act of 1961

    Pub. L. 87–128 § 121 · 75 Stat. 294

    1. Amended · 7 U.S.C. § 1334(c)

       Pub. L. 87–128, § 121, designated existing provisions as par. (1)

    2. Added · 7 U.S.C. § 1334(c)

       Pub. L. 87–128, § 121, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–128, § 121, designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Sec. 121. Section 334 of the Agricultural Adjustment Act of 1938, 52 Stat. 54; 72 Stat. 79. 7 USC 1334. National acreage allotment. as amended, is amended by inserting (1) after (c) and adding a new subparagraph (2) following subparagraph (c)(1) to read as follows: “(2) Notwithstanding any other provision of law, each old or new farm acreage allotment for the 1962 crop of wheat as determined on the basis of a minimum national acreage allotment of fifty-five million acres shall be reduced by 10 per centum. In the event notices of farm acreage allotments for the 1962 crop of wheat have been mailed to farm operators prior to the effective date of this subparagraph (2), new notices showing the required reduction shall be mailed to farm operators as soon as practicable.”

25. 1961

    Agricultural Act of 1961

    Pub. L. 87–128 § 125 · 75 Stat. 294

    Added · 7 U.S.C. § 1334(e)

    Pub. L. 87–128, § 125, authorized the Secretary to increase durum wheat acreage allotment during 1962, 1963, and 1964 crops of wheat when he determines that acreage allotments established for durum wheat farms will be inadequate to produce a sufficient quantity of durum wheat to meet demand therefor, not including export demand involving a subsidy by or loss to the Federal Government, by such percentage factor as is determined to be necessary to provide for the increase in quantity the increase not to exceed the cropland on the farm well suited to wheat and to be conditioned upon the production of an acreage of durum wheat (class II) at least equal to the average acreage of such wheat produced during prescribed two-year period plus the number of acres by which the allotment is increased, provided that any farm receiving an increased durum wheat allotment shall not be required as a condition of price support, or permitted, to participate in the special 1962 wheat diversion program, and required the Secretary to become familiar with the views and recommendations of durum wheat grower and millers and manufacturers of semolina products prior to making any determinations. Former provisions of the subsection related to increase in allotment for durum wheat farms for 1957 crop of wheat, conditioned upon the production of durum wheat (class II) on the increased acreage and determined by adding to the allotment established without regard to subsec. (e) an acreage equal to the acreage by which the original allotment exceeded the 1957 acreage on the farm of classes of wheat other than durum wheat (class II), but not exceeding the smaller of the cropland on the farm well suited to wheat or the wheat acreage on the farm

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 87–128, § 125, authorized the Secretary to increase durum wheat acreage allotment during 1962, 1963, and 1964 crops of wheat when he determines that acreage allotments established for durum wheat farms will be inadequate to produce a sufficient quantity of durum wheat to meet demand therefor, not including export demand involving a subsidy by or loss to the Federal Government, by such percentage factor as is determined to be necessary to provide for the increase in quantity the increase not to exceed the cropland on the farm well suited to wheat and to be conditioned upon the production of an acreage of durum wheat (class II) at least equal to the average acreage of such wheat produced during prescribed two-year period plus the number of acres by which the allotment is increased, provided that any farm receiving an increased durum wheat allotment shall not be required as a condition of price support, or permitted, to participate in the special 1962 wheat diversion program, and required the Secretary to become familiar with the views and recommendations of durum wheat grower and millers and manufacturers of semolina products prior to making any determinations. Former provisions of the subsection related to increase in allotment for durum wheat farms for 1957 crop of wheat, conditioned upon the production of durum wheat (class II) on the increased acreage and determined by adding to the allotment established without regard to subsec. (e) an acreage equal to the acreage by which the original allotment exceeded the 1957 acreage on the farm of classes of wheat other than durum wheat (class II), but not exceeding the smaller of the cropland on the farm well suited to wheat or the wheat acreage on the farm.

    Enacted provision · exact public law section
    Sec. 125. Section 334(e) of the Agricultural Adjustment Act of 1938, as amended, relating to increased allotments for durum wheat, is amended to read as follows: “(e) If, with respect to any of the 1962, 1963, and 1964 crops of wheat, the Secretary determines that the acreage allotments of farms producing durum wheat are inadequate to provide for the production of a sufficient quantity of durum wheat to satisfy the demands therefor (but not including export demand involving a subsidy by, or a loss to, the Federal Government), he shall increase the farm marketing quotas and acreage allotments for such crop of wheat for farms located in counties in the States of North Dakota, Minnesota, Montana, South Dakota, and California, designated by the Secretary as counties which (1) are capable of producing durum wheat (class II), and (2) have produced such wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested. The Secretary shall determine the percentage factor by which the average acreage of durum wheat (class II) produced during the last two-year period for which statistics are available (excluding any increases in durum wheat acreage as a result of increases in wheat acreage allotments authorized by this subsection) must be increased to satisfy such demand. The wheat acreage allotment for any farm established for such crop without regard to this subsection, after reduction in the case of the 1962 crop as required by Ante, p. 296. section 334(c)(2), (hereinafter referred to as the ‘original allotment’) shall be increased by an acreage computed by multiplying the average acreage of durum wheat (class II) on the farm during such two-year period (excluding any increase in the acreage of durum wheat as a result of an increase in the wheat acreage allotment for the farm authorized by this subsection) by such percentage factor: Provided, That such increased allotment shall not exceed the cropland on the farm well suited to wheat. The increase in the wheat acreage allotment for any farm shall be conditioned upon the production of an acreage of durum wheat (class II) at least equal to the average acre-age of such wheat produced during such two-year period plus the number of acres by which the allotment is increased. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(6)), and section 326(b) of this Act, relating to the reduction of the storage 55 Stat. 204; 52 Stat. 51. 7 USC 1326. amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. As used in this subsection the term “Durum wheat.” ‘durum wheat’ means durum wheat (class II) other than the varieties known as ‘Golden Ball’ and ‘Peliss’. Any farm receiving an increased allotment under this subsection shall not be required as a condition of eligibility for price support, or permitted, to participate in the special 1962 wheat program formulated under section 124 of the Agricultural Act of 1961. The Secretary shall give growers and millers of durum wheat and manufacturers of semolina products an opportunity to present their views and recommendations, prior to making any determination hereunder.”

26. 1961

    Pub. L. 87–357 · 75 Stat. 778

    Substituted · 7 U.S.C. § 1334(i)

    Pub. L. 87–357 substituted “1958 through 1963” for “1958 through 1961”, and excluded from any general reduction in farm acreage allotments or farm acreage diversion program for the 1962 or 1963 wheat crop, the farms for which acreage allotments are increased under the provisions hereof, unless such reduction is specifically made applicable

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 87–357 substituted “1958 through 1963” for “1958 through 1961”, and excluded from any general reduction in farm acreage allotments or farm acreage diversion program for the 1962 or 1963 wheat crop, the farms for which acreage allotments are increased under the provisions hereof, unless such reduction is specifically made applicable.

27. 1963

    Food and Agriculture Act of 1962

    Pub. L. 87–703 § 313(2) · 76 Stat. 605

    1. Redesignated · 7 U.S.C. § 1334(h)

       Pub. L. 87–703, § 313(2), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (h). Pub. L. 88–64, § 1(a)

    2. Redesignated · 7 U.S.C. § 1334(h)

       Pub. L. 87–703, § 313(2), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j)

    Source evidence

    Code amendment note
    Subsec. (h). There is no subsec. (h) for 1964 and Subsequent Wheat Crops. Pub. L. 87–703, § 313(2), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (h). Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j).

    Enacted provision · exact public law section
    (2) By repealing subsection (g) thereof and by redesignating subsections (h) and (i) thereof as (g) and (h) respectively.

28. 1962

    Food and Agriculture Act of 1962

    Pub. L. 87–703 title III · 76 Stat. 605

    1. Inserted · 7 U.S.C. § 1334(e)

       Pub. L. 87–703, §§ 308(a), 313(1), inserted provision respecting participation in the special wheat program formulated under section 307 of the Food and Agriculture Act of 1962

    2. Substituted · 7 U.S.C. § 1334(e)

       Pub. L. 87–703, §§ 308(a), 313(1), substituted “the 1962 and 1963 crops” for “any of the 1962, 1963, and 1964 crops”, respectively

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 87–703, §§ 308(a), 313(1), inserted provision respecting participation in the special wheat program formulated under section 307 of the Food and Agriculture Act of 1962 and substituted “the 1962 and 1963 crops” for “any of the 1962, 1963, and 1964 crops”, respectively.

    Enacted provision · exact public law
    TITLE III— COMMODITY PROGRAMS Subtitle A— Feed Grains Sec. 301. Section 105(c) of the Agricultural Act of 1949, as 75 Stat. 6, 301. 7 USC 1441 note. amended, is amended by adding the following new paragraphs (5) and (6): “(5) The level of price support for the 1963 crop of corn shall be established by the Secretary at such level not less than 65 per centum of the parity price therefor as the Secretary may determine. Eighteen cents per bushel of the support price for corn, and a comparable portion of the support price for grain sorghums and barley shall be made available to producers through payments in kind. Such payments in kind shall be made on the number of bushels of such feed grain determined by multiplying the actual acreage of such feed grain planted on the farm for harvest in 1963 by the adjusted average yield per acre for the 1959 and 1960 crop acreage of such feed grain. Such payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for corn, grain sorghums, and barley (such feed grains to be valued by the Secretary at not less than the support price minus that part of the support price made available through payments in kind) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. The Secretary shall provide for the sharing of such certificates among the producers on the farm on the basis of their respective shares in the crop produced on the farm with respect to which such certificates are issued, or the proceeds therefrom. If the operator of the farm elects to participate in the special agricultural conservation program for 1963 for corn, grain sorghums, and barley, price support shall be made available to the producers on such farm only if such producers divert from the production of such feed grains m accordance with the provisions of such program an acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide. “(6) The Secretary shall require as a condition of eligibility for price support on the 1963 crop of corn, grain sorghums, and barley that the producer shall participate in the special agricultural conservation program for 1963 for corn, grain sorghums, and barley to the extent prescribed by the Secretary: Provided, That the Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for price support for barley to participate in the special agricultural conservation program for 1963 if such producer has previously produced a malting variety of barley, plants barley only of an acceptable malting variety for harvest in 1963, does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960, and does not knowingly devote an acreage on the farm to corn and grain sorghums in excess of the average acreage devoted on the farm to corn and grain sorghums in 1959 and 1960.” Sec. 302. Section 16 of the Soil Conservation and Domestic Allotment 49 Stat. 1151; Ante, p. 607. 16 USC 590p. Act, as amended, is amended by adding the following new subsection: “(g) Notwithstanding any other provision of law’— “(1) The Secretary shall formulate and carry out a special agricultural conservation program for 1963, without regard to provisions which would be applicable to the regular agricultural conservation program, under which, subject to such terms and conditions as the Secretary determines, conservation payments in amounts determined by the Secretary to be fair and reasonable shall be made to producers who divert acreage from the production of corn, grain sorghums, and barley to an approved conservation use and increase their average acreage of cropland devoted in 1959 and 1960 to designated soil-conserving crops or practices including summer fallow and idle land by an equal amount: Provided, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage. Such special agricultural conservation program shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents. The acreage eligible for payments in cash or in an equivalent amount in kind under such conservation program shall be an acreage equivalent to 20 per centum of the average acreage on the farm planted to corn, grain sorghums, and barley in the crop years 1959 and 1960 or up to twenty-five acres, whichever is greater. Payments in kind only may be made by the Secretary for the diversion of up to an additional 30 per centum of the average acreage on the farm planted to corn, grain sorghums, and barley, in the crop years 1959 and 1960. Payments may be made at the basic county support rate for the 1962 crop in effect at the time payment rates for the special feed grain program for 1963 are established, adjusted to reflect any changes between the national support rates for the 1962 and 1963 crops on an amount of the commodity not in excess of 50 per centum of the normal production of the acreage diverted from the commodity on the farm based on its adjusted average yield per acre for the 1959 and 1960 crop acreage. The Secretary may make such adjustments in acreage and yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop rotation practices, type of soil, soil and water conservation measures, and topography. The Secretary may also make such adjustments in yields as he determines necessary to reflect any increases in yields since the 1959 and 1960 crop years as the result of the adoption or the improvement of an irrigation system if such improvement or adoption of such irrigation system was made prior to the effective date of this sentence but such adjustment in yields shall apply only to payments with respect to acreage diverted pursuant to the requirements of section 105(c)(6) of the Agricultural Act of 1949, as amended. To the extent that a producer Ante, p. 612. proves the actual acreages and yields for the farm for the 1959 and 1960 crop years, such acreages and yields shall be used in making determinations. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. Notwithstanding any other provision of this subsection (g)(1), barley shall not be included in the program for a producer of malting barley exempted pursuant to Ante, p. 612. section 105(c) (6) of the Agricultural Act of 1949 who participates only with respect to corn and grain sorghums and does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960. “(2) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this section 16(g). Obligations may be incurred m advance of appropriations therefor and the Commodity Credit Corporation is authorized to advance from its capital funds such sums as may be necessary to pay administrative expenses in connection with such program during the fiscal year ending June 30, 1963, and to pay such costs as may be incurred in carrying out section 303 of the Food and Agriculture Act of 1962. “(3) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts.” Sec. 303. Payments in cash shall be made by Commodity Credit Corporation and payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains (valued at not less than the support price minus that part of the support price made available through payments in kind) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the special feed grain program for 1963 authorized by this Act. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. Sec. 304. Notwithstanding any other provision of law, the Secretary may place such limits on the extent that producers may participate in the special feed grain conservation program for 1963 authorized by this Act as he determines necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of corn, grain sorghums, or barely. Sec. 305. The Agricultural Act of 1949, as amended, is amended by 72 Stat. 994. 7 USC 1441 note. striking out subsection (a) of section 105 and inserting in lieu thereof the following: “(a) Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop, price support shall be made available to producers for each crop of corn at such level, not less than 50 per centum or more than 90 per centum of the parity price therefor, as the Secretary determines will not result in increasing Commodity Credit Corporation stocks of corn.” Subtitle B— Wheat Sec. 306. program for 1963 Price support for the 1963 crop of wheat shall be made available as provided in section 101 of the Agricultural Act of 1949, as amended, except that (1) price support shall be made available only 63 Stat. 1051. 7 USC 1441. to cooperators, and only in the commercial wheat-producing area, (2) if the operator of the farm elects to participate in the program formulated under section 307— (A) price support shall be made available to the producers on such farm only if such producers divert from the production of wheat in accordance with the provisions of such program and acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide, and (B) the level of price support for wheat of the 1963 crop to such participating producers shall be at a national average of two dollars per bushel and the amount by which such level of two dollars per bushel exceeds the national average level available to cooperators who are not participating producers shall be made available as hereinafter provided, and (3) the national average level of price support for wheat of the 1963 crop to cooperators who are not participating producers shall be one dollar and eighty-two cents per bushel. The amount by which the level of two dollars per bushel exceeds the level of price support available to cooperators who are not participating producers shall be made available through payments in kind, on the number of bushels of wheat determined by multiplying the actual acreage of wheat planted on the farm for harvest in 1963 by the normal yield of wheat for the farm. Such payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for wheat (such wheat to be valued by the Secretary at not less than the current support price for wheat to cooperators who are not participants in the program formulated under section 307) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. The Secretary shall provide for the sharing of such certificates among the producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom. For purposes of section 407 of the Agricultural Act of 1949, the “current 63 Stat. 1055. 7 USC 1427. support price” for wheat during the marketing year for the 1963 crop shall be the support price for such crop to cooperators who are not participants in the program formulated under section 307. Sec. 307. (a) If marketing quotas are in effect for the 1963 crop of wheat, producers on any farm, except a farm on which a new farm wheat allotment is established for the crop, in the commercial wheat-producing area shall be eligible for payments determined as provided m subsection (b) upon compliance with the conditions hereinafter prescribed: (1) Such producers shall divert from the production of wheat an acreage on the farm equal to 20 per centum of the higher of (i) the average acreage of the crops of wheat planted for harvest in the calendar years 1959, 1960, and 1961, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered, but not to exceed 15 acres, or (ii) the farm acreage allotment for the 1963 crop of wheat. Such producers may divert additional acreage on the farm not in excess of the larger of one and one-half times the amount diverted under the preceding sentence or such acreage as will bring the total acreage diverted to 10 acres: Provided, That the total acreage diverted shall not exceed the larger of (i) or (ii) of the preceding sentence. (2) Such diverted acreage shall be devoted to conservation uses including summer fallow, approved by the Secretary, and such measures shall be taken as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents: Provided, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the provisions of subsection (b) (4) of this section. (3) The total acreage of cropland on the farm devoted to soil-conserving uses, including summer-fallow and idle land, but excluding the acreage diverted as provided above and acreage diverted under the special program for feed grains, shall not be less than the total average acreage of cropland devoted to soil-conserving uses, including summer-fallow and idle land on the farm in 1959 and 1960. Certification by the producer with respect to such acreage may be accepted as evidence of compliance with the foregoing provision. The total average acreage devoted to soil-conserving uses, including summer-fallow and idle land, in 1959 and 1960, shall be subject to adjustment to the extent the Secretary determines appropriate for abnormal weather conditions or other factors affecting production, established crop-rotation practices on the farm, changes in the constitution of the farm, participation in other Federal farm programs, or to give effect to the provisions of law relating to release and reapportionment or preservation of history. (4) The actual acreage planted to wheat for harvest on the farm in 1963 shall be reduced by the total amount of acres diverted under this section below whichever of the following acreages is the larger— (A) the farm acreage allotment for the 1963 crop of wheat; (B) the average acreage of the crops of wheat planted for harvest in the calendar years 1959, 1960, and 1961 with adjustments as provided above, but not to exceed 15 acres. (b) (1) Upon compliance with the conditions prescribed in subsection (a) producers on the farm shall be eligible for payments which shall be made by Commodity Credit Corporation in cash or wheat not in excess of 50 per centum of the value, at the estimated basic county support rate (available to cooperators who are not participants in the program formulated pursuant to this section) per bushel for Number 1 wheat for the county in which the farm is considered as being located for the administration of farm marketing quotas for wheat, of the number of bushels equal to the adjusted yield per acre of wheat for the farm, multiplied by the number of diverted acres other than acres devoted to special crops pursuant to the proviso in subsection (a)(2) of this section, payment for which shall be computed in accordance with subsection (b) (4) of this section. (2) The Secretary may make such adjustments in yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production and to give due consideration to tillable acreage, crop-rotation practices, type of soil, soil and water conservation measures, and topography. To the extent that a producer proves the actual yields for the farm for the 1959 and 1960 crop years, such yields shall be used in making determinations. (3) The Secretary shall provide by regulations for the sharing of payments among producers on the farm on a fair and equitable basis, he medium of payment shall be determined by the Secretary. If payments are made in wheat, the value of the payments in cash shall be converted to wheat at not less than the current support price for wheat to cooperators who are not participants in the program formulated pursuant to this section. Wheat received as payment-in-kind may be marketed without penalty but shall not be eligible for price support. (4) Payment with respect to diverted acreage devoted to special crops pursuant to the proviso of subsection (a) (2) of this section shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage. (c) Any acreage diverted from the production of wheat to conservation uses for which payment is made under the program formulated pursuant to this section shall be in addition to any acreage diverted to conservation uses for which payment is made under any other Federal program except that the foregoing shall not preclude the making of cost-sharing payments under the agricultural conservation program or the Great Plains program for conservation practices carried out on any acreage devoted to soil-conserving uses under the program formulated pursuant to this section. (d) The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the program formulated under this section. (e) Not to exceed 50 per centum of any payment to producers under this section may be made in advance of determination of performance. (f) The program formulated pursuant to this section may include such terms and conditions, in addition to those specifically provided for herein, as the Secretary determines are desirable to effectuate the purposes of this section. (g) Wheat stored to avoid or postpone a marketing quota penalty under the Agricultural Adjustment Act of 1938, as amended and 52 Stat. 31. 7 USC 1281. supplemented, shall not be released from storage for underplanting based upon acreage diverted hereunder, and in determining production of the crop of wheat for the purpose of releasing wheat from storage on account of underproduction the normal yield of the acres diverted from the allotment shall be deemed to be actual production of wheat. (h) The Secretary is authorized to promulgate such regulations as may be necessary to carry out the provisions of this section. (i) The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized herein and to pay administrative expenses necessary in carrying out this section during the period ending June 30, 1963. There is authorized to be appropriated such amounts as may be necessary to pay administrative expenses necessary in carrying out this section after June 30, 1963. Sec. 308. (a) Section 334(e) of the Agricultural Adjustment Act 75 Stat. 300. 7 USC 1334. of 1938, as amended, is amended by changing the period to a comma at the end of the next to the last sentence and adding the following: Ante, p. 615. “or section 307 of the Food and Agriculture Act of 1962.” (b) The special wheat program formulated under section 307 of this Act shall not be applicable to any farm receiving an additional allotment under section 334(i) of the Agricultural Adjustment Act of 72 Stat. 101; 75 Stat. 778. 1938, as amended. Sec. 309. Item (7) of Public Law 74, Seventy-seventh Congress, as 75 Stat. 297; Post, p. 909. amended (7 U.S.C. 1340(7)), as amended, is amended by changing the period at the end thereof to a colon, and adding the following: “Provided further, That a farm marketing quota on the 1963 crop of wheat shall be applicable to any farm on which the acreage of wheat exceeds the smaller of (1) 15 acres, or (2) the highest number of acres actually planted to wheat on the farm for harvest in any of the calendar years 1959, 1960, or 1961.” program for 1004 and subsequent crops Subtitle B— Wheat Sec. 310. Section 331 of the Agricultural Adjustment Act of 1938, as 52 Stat. 52. 7 USC 1331. amended, is hereby amended by striking out the last paragraph thereof and inserting in lieu thereof the following paragraphs: “Wheat which is planted and not disposed of prior to the date prescribed by the Secretary for the disposal of excess acres of wheat is an addition to the total supply of wheat and has a direct effect on the price of wheat in interstate and foreign commerce and may also affect the supply and price of livestock and livestock products. In the circumstances, wheat not disposed of prior to such date must be considered in the same manner as mechanically harvested wheat in order to achieve the policy of the Act. “The diversion of substantial acreages from wheat to the production of commodities which are in surplus supply or which will be in surplus supply if they are permitted to be grown on the diverted acreage would burden, obstruct, and adversely affect interstate and foreign commerce in such commodities, and would adversely affect the prices of such commodities in interstate and foreign commerce. Small changes in the supply of a commodity could create a sufficient surplus to affect seriously the price of such commodity in interstate and foreign commerce. Large changes in the supply of such commodity could have a more acute effect on the price or the commodity in interstate and foreign commerce and, also, could overtax the handling, processing, and transportation facilities through which the flow of interstate and foreign commerce in such commodity is directed. Such adverse effects caused by overproduction in one year could further result in a deficient supply of the commodity in the succeeding year, causing excessive increases in the price of the commodity in interstate and foreign commerce in such year. It is, therefore, necessary to prevent acreage diverted from the production of wheat to be used to produce commodities which are in surplus supply or which will be in surplus supply if they are permitted to be grown on the diverted acreage. “The provisions of this part affording a cooperative plan to wheat producers are necessary in order to minimize recurring surpluses and shortages of wheat in interstate and foreign commerce, to provide for the maintenance of adequate reserve supplies thereof, to provide for an adequate and orderly flow of wheat and its products in interstate and foreign commerce at prices which are fair and reasonable to farmers and consumers, and to prevent acreage diverted from the pro-duction of wheat from adversely affecting other commodities in interstate and foreign commerce.” Sec. 311. Section 332 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended by striking out the provisions of such 68 Stat. 903. 7 USC 1332. section and by inserting in lieu thereof the following: “Sec. 332. “national marketing quota (a) Whenever prior to April 15 in any calendar year the Secretary determines that the total supply of wheat in the marketing year beginning in the next succeeding calendar year will, in the absence of a marketing quota program, likely be excessive, the Secretary shall proclaim that a national marketing quota for wheat shall be in effect for such marketing year and for either the following marketing year or the following two marketing years, if the Secretary determines and declares in such proclamation that a two- or three-year marketing quota program is necessary to effectuate the policy or the Act. “(b) If a national marketing quota for wheat has been proclaimed for any marketing year, the Secretary shall determine and proclaim the amount of the national marketing quota for such marketing year not earlier than January 1 or later than April 15 of the calendar year preceding the year in which such marketing year begins. The amount of the national marketing quota for wheat for any marketing year shall be an amount of wheat which the Secretary estimates (i) will be utilized during such marketing year for human consumption in the United States as food, food products, and beverages, composed wholly or partly of wheat, (ii) will be utilized during such marketing year in the United States for seed, (iii) will be exported either in the form of wheat or products thereof, and (iv) as the average amount which was utilized as livestock (including poultry) feed in the marketing years beginning in 1959 and I960; less (A) an amount of wheat equal to the estimated imports of wheat into the United States during such marketing year and, (B) if the stocks of wheat owned by the Commodity Credit Corporation are determined by the Secretary to be excessive, an amount of wheat determined by the Secretary to be a desirable reduction in such marketing year in such stocks to achieve the policy of the Act: Provided, That if the Secretary determines that the total stocks of wheat in the Nation are insufficient to assure an adequate carryover for the next succeeding marketing year, the national marketing quota otherwise determined shall be increased by the amount the Secretary determines to be necessary to assure an adequate carryover: And provided further, That the national marketing quota for wheat for any marketing year shall be not less than one billion bushels. “(c) If, after the proclamation of a national marketing quota for wheat for any marketing year, the Secretary has reason to believe that, because of a national emergency or because of a material increase in the demand for wheat, the national marketing quota should be terminated or the amount thereof increased, he shall cause an immediate investigation to be made to determine whether such action is necessary in order to meet such emergency or increase in the demand for wheat. If, on the basis of such investigation, the Secretary finds that such action is necessary, he shall immediately proclaim such finding and the amount of any such increase found by him to be necessary and thereupon such national marketing quota shall be so increased or terminated. In case any national marketing quota is increased under this subsection, the Secretary shall provide for such increase by increasing acreage allotments established under this part by a uniform percentage.” 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.” Sec. 313. Section 334 of the Agricultural Adjustment Act of 1938, 7 USC 1334. 75 Stat. 300. as amended, is further amended as follows: (1) By amending subsection (e) thereof by striking out in the first sentence thereof “any of the 1962, 1963, and 1964 crops” and inserting in lieu thereof “the 1962 and 1963 crops”. (2) By repealing subsection (g) thereof and by redesignating subsections (h) and (i) thereof as (g) and (h) respectively. (3) By amending subsection (i) thereof, redesignated by this section as subsection (h), by inserting the following sentence immediately following the seventh sentence thereof: “The land-use Post, p. 622. provisions of section 339 shall not be applicable to any farm receiving an additional allotment under this subsection.” (4) By adding at the end thereof the following new subsection: “(i) If, with respect to any crop of wheat, the Secretary finds that the acreage allotments of farms producing any type of wheat are inadequate to provide for the production of a sufficient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allotment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of 55 Stat. 204. Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(6)), and 52 Stat. 51. 7 USC 1326. section 326(b) of this Act, relating to the reduction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 339 shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be required to comply with such provisions as a condition of eligibility for price support.” Sec. 314. Part III of subtitle B of title III of the Agricultural 52 Stat. 52. 7 USC 1331–1339. Adjustment Act of 1938, as amended, is hereby amended by adding immediately after section 334 thereof the following: “Sec. 334a. “commercial area If the acreage allotment for any State for any crop of wheat is twenty-five thousand acres or less, the Secretary, in order to promote efficient administration of this Act and the Agricultural Act of 1949, may designate such State as outside the commercial wheat-producing area for the marketing year for such crop. If such State is so designated, acreage allotments for such crop and marketing quotas for the marketing year therefor shall not be applicable to any farm in such State. Acreage allotments in any State shall not be increased by reason of such designation.” Sec. 315. Section 335 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: 52 Stat. 54. 7 USC 1335. “Sec. 335. “small farm exemption Notwithstanding any other provision of this part, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not exceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage allotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, excluding 1963, determined by the Secretary to be representative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without, regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340), as amended, the farm acreage allotment 55 Stat. 203. for such crop of wheat shall be deemed to be the larger of (A) the small-farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions of section 339 shall be inapplicable to the Post, p. 622. farm, (iii) such crop of wheat shall not be eligible for price support, and (iv) wheat marketing certificates applicable to such crop shall not be issued with respect to the farm. The additional acreage required to provide acreage allotments for farms based upon small-farm base acreages under this section shall be in addition to National, State, and county acreage allotments.” Sec. 316. Section 336 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: 52 Stat. 55. 7 USC 1336. “Sec. 336. “referendum If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than sixty days after such proclamation is published in the Federal Register, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm Ante, p. 621. operator elected pursuant to section 335 to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period.” Sec. 317. Section 337 of the Agricultural Adjustment Act of 1938, 52 Stat. 55. 7 USC 1337. as amended, is hereby repealed. Sec. 318. The Agricultural Adjustment Act of 1938, as amended, is hereby amended by adding after section 338 a new section as follows: “Sec. 339. “land use (a) (1) During any year in which marketing quotas for wheat are in effect, the producers on any farm (except a new farm receiving an allotment from the reserve for new farms) on which any crop is produced on acreage required to be diverted from the production of wheat shall be subject to a penalty on such crop, in addition to any marketing quota penalty applicable to such crops, as provided in this subsection unless (1) the crop is designated by the Secretary as one which is not in surplus supply and will not be in surplus supply if it is permitted to be grown on the diverted acreage, or as one the production of which will not substantially impair the purpose of the requirements of this section, or (2) no wheat is produced on the farm, and the producers have not filed an agreement or a statement of intention to participate in the payment program formulated pursuant to subsection (b) of this section. The acreage required to be diverted from the production of wheat on the farm shall be an acreage of cropland equal to the number of acres determined by multiplying the farm acreage allotment by the diversion factor determined by dividing the number of acres by which the national acreage allotment is reduced below fifty-five million acres by the number of acres in the national acreage allotment. The actual production of any crop subject to penalty under this subsection shall be regarded as available for marketing and the penalty on such crop shall be computed on the actual acreage of such crop at the rate of 65 per centum of the parity price per bushel of wheat as of May 1 of the calendar year in which such crop is harvested, multiplied by the normal yield of wheat per acre established for the farm. Until the producers on any farm pay the penalty on such crop, the entire crop of wheat produced on the farm and any subsequent crop of wheat subject to marketing quotas in which the producer has an interest shall be subject to a lien in favor of the United States for the amount of the penalty. Each producer having an interest in the crop or crops on acreage diverted or required to be diverted from the production of wheat shall be jointly and severally liable for the entire amount of the penalty. The persons liable for the payment or collection of the penalty under this section shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty. “(2) The Secretary may require that the acreage on any farm diverted from the production of wheat be land which was diverted from the production of wheat in the previous year, to the extent he determines that such requirement is necessary to effectuate the purposes of this subtitle. “(3) The Secretary may permit the diverted acreage to be grazed in accordance with regulations prescribed by the Secretary. “(b) The Secretary is authorized to formulate and carry out a program with respect to the 1964 and 1965 crops of wheat under which, subject to such terms and conditions as he determines are desirable to effectuate the purposes of this section, payments may be made in amounts not in excess of 50 per centum of the estimated basic county support rate on the normal production of the acreage diverted taking into account the income objectives of the Act, determined by the Secretary to be fair and reasonable with respect to acreage diverted pursuant to subsection (a) of this section. The Secretary may permit producers on any farm to divert from the production of wheat an acreage, in addition to the acreage diverted pursuant to subsection (a), equal to 20 per centum of the farm acreage allotment for wheat: Provided, That the producers on any farm may, at their election, divert, such acreage in addition to the acreage diverted pursuant to subsection (a), as will bring the total acreage diverted on the farm to fifteen acres. Such program shall require (1) that the diverted acreage shall be devoted to conservation uses approved by the Secretary; (2) that the total acreage of cropland on the farm devoted to soil-conserving uses, including summer fallow and idle land but excluding the acreage diverted as provided above, shall be not less than the total average acreage of cropland devoted to soil-conserving uses including summer fallow and idle land on the farm during a representative period, as determined by the Secretary, adjusted to the extent the Secretary determines appropriate for (i) abnormal weather conditions or other factors affecting production, (ii) established crop-rotation practices on the farm, (iii) participation in other Federal farm programs, (iv) unusually high percentage of land on the farm devoted to conserving uses, and (v) other factors which the Secretary determines should be considered for the purpose of establishing a fair and equitable soil-conserving acreage for the farm; and (3) that the producer shall not knowingly exceed (i) any farm acreage allotment in effect for any commodity produced on the farm, and (ii) except as the Secretary may by regulations prescribe, with the farm acreage allotments on any other farm for any crop in which the producer has a share: Provided, That no producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty: And provided further, That no producer shall be deemed to have exceeded a farm acreage allotment for any crop of wheat if the farm is exempt from the farm marketing quota for such crop under section 335. The producers on a new farm shall not be eligible for Ante, p. 521. payments hereunder. The Secretary shall provide for the sharing of payment among producers on the farm on a fair and equitable, basis. Payments may be made in cash or in wheat. “(c) The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the land-use program formulated under subsection (b) of this section. “(d) Not to exceed 50 per centum of any payment to producers under subsection (b) of this section may be made m advance of determination of performance. “(e) The Secretary may permit the diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage. “(f) The program formulated pursuant to subsection (b) of this section may include such terms and conditions, including provision for the control of erosion, in addition to those specifically provided for herein, as the Secretary determines are desirable to effectuate the purposes of this section. “(g) The Secretary is authorized to promulgate such regulations as may be desirable to carry out the provisions of this section. “(h) The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized in this section and to pay administrative expenses necessary in canning out this section during the period ending June 30, 1963. There is authorized to be appropriated such amounts as may be necessary thereafter to pay such administrative expenses.” Sec. 319. Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340), 55 Stat. 203. as amended, is hereby amended as follows: (1) By amending paragraph (1) to read as follows: “(1) The farm marketing quota for any crop of wheat shall be the actual production of the acreage planted to such crop of wheat on the farm less the farm marketing excess. The farm marketing excess shall be an amount equal to twice the normal yield of wheat per acre established for the farm multiplied by the number of acres of such crop of wheat on the farm in excess of the farm acreage allotment for such crop unless the producer, in accordance with regulations issued by the Secretary and within the time prescribed therein, establishes to the satisfaction of the Secretary the actual production of such crop of wheat on the farm. If such actual production is so established, the farm marketing excess shall be an amount equal to the actual production of the number of acres of wheat on the farm in excess of the farm acreage allotment for such crop. In determining the farm marketing quota and farm marketing excess, any acreage of wheat remaining after the date prescribed by the Secretary for the disposal of excess acres of wheat shall be included as acreage of wheat on the farm, and the production thereof shall be appraised in such manner as the Secretary determines will provide a reasonably accurate estimate of such production. Any acreage of wheat disposed of in accordance with regulations issued by the Secretary prior to such date as may be prescribed by the Secretary shall be excluded in determining the farm marketing quota and farm marketing excess. Self-seeded (volunteer) wheat shall be included in determining the acreage of wheat. Marketing quotas for any marketing year shall be in effect with respect to wheat harvested in the calendar year in which such marketing year begins notwithstanding that the wheat is marketed prior to the beginning of such marketing year.” (2) By amending paragraph (2) to read as follows: 55 Stat. 204. “(2) Whenever farm marketing quotas are in effect with respect to any crop of wheat, the producers on a farm shall be subject to a penalty on the farm marketing excess of wheat at a rate per bushel equal to 65 per centum of the parity price per bushel of wheat as of May 1 of the calendar year in which the crop is harvested. Each producer having an interest in the crop of wheat on any farm for which a farm marketing excess of wheat is determined shall be jointly and severally liable for the entire amount of the penalty on the farm marketing excess.” (3) By inserting in paragraph (3) “twice” before “the normal production” in the first and second sentences thereof, and by inserting in the second sentence thereof “twice the” between “of” and “normal” in the phrase “upon the basis of normal production”, by striking out “corn and” from the first sentence thereof, and by striking out “corn or” from the last sentence thereof. (4) By amending paragraph (4) to read as follows: “(4) Until the producers on any farm store, deliver to the Secretary, or pay the penalty on, the farm marketing excess of any crop of wheat, the entire crop of wheat produced on the farm and any subsequent crop of wheat subject to marketing quotas in which the producer has an interest shall be subject to a lien in favor of the United States for the amount of the penalty.” (5) By striking out “corn or” from paragraph (5). (6) By striking out “corn or” from paragraph (6). (7) By repealing paragraph (7), and by renumbering paragraphs 75 Stat. 297. (8) through (11) as (7) through (10), respectively. (8) By striking out “corn or” and “, as the case may be,” from paragraph (8), redesignated by this section as paragraph (7), 55 Stat. 205. and adding at the end of such paragraph the following sentence: “If the buyer fails to collect such penalty, such buyer and all persons entitled to share in the wheat marketed from the farm or the proceeds thereof shall be jointly and severally liable for such penalty.” (9) By repealing paragraph (12), and by adding the following 55 Stat. 872. new paragraphs to follow paragraph (11), redesignated by this section as paragraph (10): “(11) The persons liable for the payment or collection of the penalty on any amount of wheat shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty. “(12) If marketing quotas for wheat are not in effect for any marketing year, all previous marketing quotas applicable to wheat 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.” Sec. 320. Section 301(b) (13) of the Agricultural Adjustment Act of 1938, as amended, is amended— 7 USC 1201. 68 Stat. 902. 70 Stat. 212. (1) by striking out paragraph (A); (2) by inserting in paragraphs (D) and (E) after the words “in the case of rice” the words “and wheat”, by inserting in said paragraphs after the words “per acre of rice” the following: “or wheat, as the case may be,”, and by inserting in said paragraph after “determined” the following: “in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat”; (3) by striking from paragraph (G) the following: (A) “wheat,” in each of the two places it first occurs therein; (B) “and, in the case of wheat, but not in the case of corn, cotton, or peanuts, for trends in yields”; (C) “ten calendar years in the case of wheat, and”; and (D) “in the case of corn, cotton, or peanuts,”. Sec. 321. Section 371 of the Agricultural Adjustment Act of 1938, 7 USC 1371. 52 Stat. 64. as amended, is hereby amended as follows: (1) Subsection (a) is amended by deleting “corn, wheat,” in the first sentence thereof. (2) The first sentence of subsection (b) is amended by striking out “any national acreage allotment for corn or”, “wheat,” and “in order to effect the declared policy of this Act or”. Sec. 322. Section 385 of the Agricultural Adjustment Act of 1938, 52 Stat. 68. 7 USC 1385. Ante, p. 622. as amended, is hereby amended by inserting in the first sentence after “parity payment,” the following: “payment under section 339,”. Sec. 323. The amendments to the Agricultural Adjustment Act of 1938, as amended, and to Public Law 74, Seventy-seventh Congress, as amended, made by sections 310 through 322 of this Act shall be in effect only with respect to programs applicable to the crops planted for harvest in the calendar year 1964 or any subsequent year and the marketing years beginning in the calendar year 1964, or any subsequent year. Sec. 324. wheat marketing allocation program Title III of the Agricultural Adjustment Act of 1938, as 52 Stat. 38. 7 USC 1301 et seq. amended, is hereby amended (1) by designating subtitles D and E as subtitles E and F, respectively, and (2) by inserting after subtitle C a new subtitle D as follows: “Subtitle D— Wheat Marketing Allocation “Sec. 379a. “legislative findings Wheat, in addition to being a basic food, is one of the great export crops of American agriculture and its production for domestic consumption and for export is necessary to the maintenance of a sound national economy and to the general welfare. The movement of wheat from producer to consumer, in the form of the commodity or any of the products thereof, is preponderantly in interstate and foreign commerce. Unreasonably low prices of wheat to producers impair their purchasing power for nonagricultural products and place them in a position of serious disparity with other industrial groups. The conditions affecting the production of wheat are such that without Federal assistance, producers cannot effectively prevent disastrously low prices for wheat: It is necessary, in order to assist wheat producers in obtaining fair prices, to regulate the price of wheat used for domestic food and for exports in the manner provided in this subtitle. “Sec. 379b. “wheat marketing allocation During any marketing year for which a marketing quota is in effect for wheat, beginning with the marketing year for the 1964 crop, a wheat marketing allocation program shall be in effect as provided in this subtitle. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretary shall determine (1) the wheat marketing allocation for such year which shall be the amount of wheat which in determining the national marketing quota for such marketing year he estimated would be used during such year for human consumption in the United States, as food, food products, and beverages, composed wholly or partly of wheat, and that portion of the amount of wheat which in determining such quota he estimated would be exported in the form of wheat or products thereof during the marketing year on which the Secretary determines that marketing certificates shall be issued to producers in order to achieve, insofar as practicable, the price and income objectives of this subtitle, and (2) the national allocation percentage which shall be the percentage which the national marketing allocation is of the national marketing quota. Each farm shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the normal yield of wheat for the farm as determined by the Secretary, and multiplying the resulting number of bushels by the national allocation percentage. If a noncommercial wheat-producing area is established for any marketing year, farms in such area shall be given wheat marketing allocations which are determined by the Secretary to be fair and reasonable in relation to the wheat marketing allocation given producers in the commercial wheat-producing area. “Sec. 379c. “marketing certificates (a) The Secretary shall provide for the issuance of wheat marketing certificates for each marketing year for which a wheat marketing allocation program is in effect for the purpose of enabling producers on any farm with respect to which certificates are issued to receive, in addition to the other proceeds from the sale of wheat, an amount equal to the value of such certificates. The wheat marketing certificates issued with respect to any farm for any marketing year shall be in the amount of the farm wheat marketing allocation for such year, but not to exceed (i) the actual acreage of wheat planted on the farm for harvest in the calendar year in which the marketing year begins multiplied by the normal yield of wheat for the farm, plus (ii) the amount of wheat stored to avoid or postpone a marketing quota penalty, which is released from storage during the marketing year on account of underplanting or underproduction. The Secretary shall provide for the sharing of wheat marketing certificates among producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom. “(b) No producer shall be eligible to receive wheat marketing certificates with respect to any farm for any marketing year in which a marketing quota penalty is assessed for any commodity on such farm or in which the farm has not complied with the land-use requirements of section 339 to the extent prescribed by the Secretary, or in which, Ante, p. 622. except as the Secretary may by regulation prescribe, the producer exceeds the farm acreage allotment on any other farm for any commodity in which he has an interest as a producer. No producer shall lie deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. Ante, p. 621. “(c) Whenever a wheat marketing allocation program is in effect for any marketing year, the Secretary shall determine and proclaim for such marketing year the face value per bushel of marketing certificates. The face value per bushel of marketing certificates shall be equal to the amount by which the level of price support for wheat accompanied by certificates exceeds the level of price support for wheat not accompanied by certificates (noncertificate wheat). “(d) Marketing certificates and transfers thereof shall be represented by such documents, marketing cards, records, accounts, certifications, or other statements or forms as the Secretary may prescribe. “Sec. 379d. “marketing restrictions (a) All persons are prohibited from acquiring marketing certificates from (he producer to whom such certificates are issued, unless such certificates are acquired in connection with the acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates. Marketing certificates shall be transferable only in accordance with regulations prescribed by the Secretary. Any unused certificates legally held by persons other than the producer to whom such certificates are issued shall be purchased by Commodity Credit Corporation if tendered to the Corporation for purchase in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions of this section, Commodity Credit Corporation is authorized to purchase from producers certificates not accompanied by wheat in cases where the Secretary determines that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat. “(b) During any marketing year for which a wheat marketing allocation program is in effect, (i) all persons engaged in the processing of wheat into food products shall, prior to marketing any such product for human food in the United States, acquire marketing certificates equivalent to the number of bushels of wheat contained in such product, and (ii) all persons exporting wheat or food products shall prior to such export acquire marketing certificates equivalent to the number of bushels so exported. Marketing certificates shall be valid to cover only sales or exportations made during the marketing year with respect to which they are issued, and after being once used to cover a sale or export of a food product or an export of wheat shall be void and shall be disposed of in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions hereof, the Secretary may require marketing certificates issued for any marketing year to be acquired to cover sales or exportations made on or after the date during the calendar year in which wheat harvested in such calendar year begins to be marketed as determined by the Secretary even though such wheat is marketed prior to the beginning of the marketing year, and marketing certificates for such marketing year shall be valid to cover sales or exportations made on or after the date so determined by the Secretary. “(c) Upon the giving of a bond or other undertaking satisfactory to the Secretary to secure the purchase of and payment for such marketing certificates as may be required, and subject to such regulations as he may prescribe, any person required to have marketing certificates in order to market, or export a commodity may be permitted to market any such commodity without having first acquired marketing certificates. “(d) As used in this subtitle, the term ‘food products’ means any product composed wholly or partly of wheat to be used for human consumption, including beverage. “Sec. 379e. “assistance in purchase and sale of marketing certificates For the purpose of facilitating the purchase and sale of marketing certificates, the Commodity Credit Corporation is authorized to issue, buy, and sell marketing certificates in accordance with regulations prescribed by the Secretary. Such regulations may authorize the Corporation to issue and sell certificates in excess of the quantity of certificates which it purchases. Such regulations may authorize the Corporation in the sale of marketing certificates to charge, in addition to the face value thereof, an amount determined by the Secretary to be appropriate to cover estimated administrative costs in connection with the purchase and sale of the certificates and estimated interest incurred on funds of the Corporation invested in certificates purchased by it. “Sec. 379f. “conversion factors The Secretary shall establish conversion factors which shall be used to determine the amount of wheat contained in any food product. The conversion factor for any such food product shall be determined upon the basis of the weight of wheat used in the manufacture of such product. “Sec. 379g. “authority to facilitate transition The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the program currently in effect to the program provided for in this subtitle. Notwithstanding any other provision of this subtitle, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this subtitle from the marketing restrictions in subsection (b) of section 379d, or to sell certificates to persons owning such wheat or food products at such prices as the Secretary may determine. Any such certificate shall be issued by Commodity Credit Corporation. “Sec. 379h. “reports and records This section shall apply to processors of wheat, warehousemen and exporters of wheat and food products, and all persons purchasing, selling, or otherwise dealing in wheat marketing certificates. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provisions of this subtitle. Such information shall be reported and such records shall be kept in such manner as the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining information required to be furnished in any report, but not so furnished, the Secretary is hereby authorized to examine such books, papers, records, accounts, correspondence, contracts, documents, and memorandums as he has reason to believe are relevant and are within the control of such person. “Sec. 379i. “penalties (a) Any person who violates or attempts to violate or who participates or aids in the violation of any of the provisions of subsection (b) of section 379d of this Act shall forfeit to the United States a sum equal to two times the face value of the marketing certificates involved in such violation. Such forfeiture shall be recoverable in a civil action brought in the name of the United States. “(b) Any person, except a producer in his capacity as a producer, who violates or attempts to violate or who participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or who fails to make any report or keep any record as required by section 379h shall be deemed guilty or a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 for each violation. “(c) Any person who, in his capacity as a producer, knowingly violates or attempts to violate or participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or fails to make any report or keep any record as required by section 379h shall, (i) forfeit any right to receive marketing certificates, in whole or in part as the Secretary may determine, with respect to the farm or farms and for the marketing year with respect to which any such act or default is committed, or (ii), if such marketing certificates have already been issued, pay to the Secretary, upon demand, the amount of the face value of such certificates, or such part thereof as the Secretary may determine. Such determination by the Secretary with respect to the amount of such marketing certificates to be forfeited or the amount to be paid by such producer shall take into consideration the circumstances relating to the act or default committed and the seriousness of such act or default. “(d) Any person who falsely makes, issues, alters, forges, or counterfeits any marketing certificate, or with fraudulent intent possesses, transfers, or uses any such falsely made, issued, altered, forged, or counterfeited marketing certificate, shall be deemed guilty of a felony and upon conviction thereof shall be subject to a fine of not more than $10,000 or imprisonment of not more than ten years, or both. “Sec. 379j. “regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subtitle including but not limited to regulations governing the acquisition, disposition, or handling of marketing certificates.” Sec. 325. The Agricultural Act of 1949, as amended, is amended as follows: (1) By inserting after section 106 the following new section: “Sec. 107. Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop— “(1) price support for wheat accompanied by marketing certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate taking into consideration the factors specified 63 Stat. 1054. 7 USC 1421. in section 401(b), “(2) if marketing quotas are in effect for wheat price support for wheat not accompanied by marketing certificates shall be at such level as the Secretary determines appropriate taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains, “(3) price support shall be made available only to cooperators; and if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area, “(4) the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101, and “(5) if marketing quotas are in effect for the crop of wheat, a ‘cooperator’ with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat or any other commodity on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment on any other farm for any commodity in which he has an interest as a producer, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed Ante, p. 622. by the Secretary. If marketing quotas are not in effect for the crop of wheat, a ‘cooperator’ with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335.” Ante, p. 621. (2) By changing the period at the end of the third sentence in section 407 to a colon and adding the following: “Provided, That 63 Stat. 1055. 7 USC 1427. if a wheat marketing allocation program is in effect, the current support price for wheat shall be the support price for wheat accompanied by marketing certificate and wheat sold shall be accompanied by a marketing certificate.” Sec. 326. Notwithstanding any other provision of law, performance rendered in good faith in reliance upon action or advice of an authorized representative of the Secretary may be accepted as meeting the requirements of subsections (c), (d),and (g) of section 16 of the Soil Conservation and Domestic Allotment Act, as amended, or of section 75 Stat. 6, 302; Ante, p. 613. 16 USC 590p. Ante, p. 615. Ante, p. 622. 75 Stat. 297. 7 USC 1334 note. 307 of the Food and Agriculture Act of 1962, section 339 of the Agricultural Act of 1938, as amended, or of section 124 of the Agricultural Act of 1961, and payment may be made therefor in accordance with such action or advice to the extent the Secretary deems it desirable in order to provide fair and equitable treatment. Sec. 327. In the establishment of State, county, and farm acreage allotments for wheat under the Agricultural Adjustment Act of 1938, as amended, the acreage which is determined under regulations of the Secretary to have been diverted from the production of wheat under the special programs formulated pursuant to section 307 of this Act, section 339 of the Agricultural Adjustment Act of 1938, as amended, and section 124 of the Agricultural Act of 1961, shall be credited to the State, county, and farm as though such acreage had actually been devoted to the production of wheat. Sec. 328. Effective with the 1964 crop, during any year in which an acreage diversion program is in effect for feed grains, the Secretary shall, notwithstanding any other provision of law, permit producers of feed grains to have acreage devoted to the production of feed grains considered as devoted to the production of wheat and producers of wheat to have acreage devoted to the production of wheat considered as devoted to the production of feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program for feed grains or wheat.

29. 1962

    Food and Agriculture Act of 1962

    Pub. L. 87–703 § 313(2) · 76 Stat. 605

    Redesignated · 7 U.S.C. § 1334(g)

    Pub. L. 87–703, § 313(2), redesignated former subsec. (h) as (g). Former subsec. (g), which related to weather conditions, underplanting, and subnormal production affecting acreage allotments, was repealed by such section 313(2). See section 1377 of this title

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 87–703, § 313(2), redesignated former subsec. (h) as (g). Former subsec. (g), which related to weather conditions, underplanting, and subnormal production affecting acreage allotments, was repealed by such section 313(2). See section 1377 of this title.

    Enacted provision · exact public law section
    (2) By repealing subsection (g) thereof and by redesignating subsections (h) and (i) thereof as (g) and (h) respectively.

30. 1962

    Food and Agriculture Act of 1962

    Pub. L. 87–703 § 313 · 76 Stat. 605

    1. Redesignated · 7 U.S.C. § 1334(h)

       Pub. L. 87–703, § 313 (2), (3), redesignated former subsec. (i) as (h)

    2. Redesignated · 7 U.S.C. § 1334(h)

       Pub. L. 87–703, § 313 (2), (3), inserted the sentence “The land-use provisions of section 1339 of this title shall not be applicable to any farm receiving an additional allotment under this subsection.” Former subsec. (h) redesignated (g). See Effective Date of 1962 Amendment note below making the changes effective with the 1964 Wheat Crop. Pub. L. 88–64, § 1(a)

    3. Redesignated · 7 U.S.C. § 1334(h)

       Pub. L. 87–703, § 313 (2), (3), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). There is no subsec. (h) for 1964 and Subsequent Wheat Crops. See 1963 Amendment note above

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 87–703, § 313 (2), (3), redesignated former subsec. (i) as (h) and inserted the sentence “The land-use provisions of section 1339 of this title shall not be applicable to any farm receiving an additional allotment under this subsection.” Former subsec. (h) redesignated (g). See Effective Date of 1962 Amendment note below making the changes effective with the 1964 Wheat Crop. Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). There is no subsec. (h) for 1964 and Subsequent Wheat Crops. See 1963 Amendment note above.

    Enacted provision · exact public law section
    Sec. 313. Section 334 of the Agricultural Adjustment Act of 1938, 7 USC 1334. 75 Stat. 300. as amended, is further amended as follows: (1) By amending subsection (e) thereof by striking out in the first sentence thereof “any of the 1962, 1963, and 1964 crops” and inserting in lieu thereof “the 1962 and 1963 crops”. (2) By repealing subsection (g) thereof and by redesignating subsections (h) and (i) thereof as (g) and (h) respectively. (3) By amending subsection (i) thereof, redesignated by this section as subsection (h), by inserting the following sentence immediately following the seventh sentence thereof: “The land-use Post, p. 622. provisions of section 339 shall not be applicable to any farm receiving an additional allotment under this subsection.” (4) By adding at the end thereof the following new subsection: “(i) If, with respect to any crop of wheat, the Secretary finds that the acreage allotments of farms producing any type of wheat are inadequate to provide for the production of a sufficient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allotment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of 55 Stat. 204. Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(6)), and 52 Stat. 51. 7 USC 1326. section 326(b) of this Act, relating to the reduction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 339 shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be required to comply with such provisions as a condition of eligibility for price support.”

31. 1962

    Food and Agriculture Act of 1962

    Pub. L. 87–703 § 313(4) · 76 Stat. 605

    Redesignated · 7 U.S.C. § 1334(i)

    Pub. L. 87–703, § 313(4), added subsec. (i). Former subsec. (i) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 87–703, § 313(4), added subsec. (i). Former subsec. (i) redesignated (h).

    Enacted provision · exact public law section
    (4) By adding at the end thereof the following new subsection: “(i) If, with respect to any crop of wheat, the Secretary finds that the acreage allotments of farms producing any type of wheat are inadequate to provide for the production of a sufficient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allotment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of 55 Stat. 204. Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(6)), and 52 Stat. 51. 7 USC 1326. section 326(b) of this Act, relating to the reduction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 339 shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be required to comply with such provisions as a condition of eligibility for price support.”

32. 1985

    Pub. L. 88–64 · 77 Stat. 79

    Changed · 7 U.S.C. § 1334(h)

    Pub. L. 88–64. See 1963 Amendments note set out under this section

    Source evidence

    Code amendment note
    Subsec. (h). There is no subsec. (h) for 1964 and subsequent crop years. Subsec. (h) was omitted pursuant to the 1963 amendment to this section by Pub. L. 88–64. See 1963 Amendments note set out under this section.

33. 1963

    Pub. L. 88–64 § 1(a) · 77 Stat. 79

    1. Redesignated · 7 U.S.C. § 1334(i)

       Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). Pub. L. 87–703, § 313(4)

    2. Added · 7 U.S.C. § 1334(i)

       Pub. L. 88–64, § 1(a), added subsec. (i) (effective with the 1964 Wheat Crop). See 1962 Amendment note hereunder

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 88–64, § 1(a), redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j). Pub. L. 87–703, § 313(4), added subsec. (i) (effective with the 1964 Wheat Crop). See 1962 Amendment note hereunder.

34. 1963

    Pub. L. 88–64 · 77 Stat. 79

    1. Redesignated · 7 U.S.C. § 1334(j)

       Pub. L. 88–64 redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j)

    2. Inserted · 7 U.S.C. § 1334(j)

       Pub. L. 88–64 inserted “privately owned” before “farms” in first and second sentences and increased from eight to twelve thousand acres the total acreage allotment for each crop

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 88–64 redesignated former subsec. (i) (so designated through the 1963 Wheat Crop) as (j), inserted “privately owned” before “farms” in first and second sentences and increased from eight to twelve thousand acres the total acreage allotment for each crop.

35. 1964

    Agricultural Act of 1964

    Pub. L. 88–297 § 202(1) · 78 Stat. 173

    Changed · 7 U.S.C. § 1334(a)

    Pub. L. 88–297, § 202(1), provided (1) for the apportionment among the States of the national acreage allotment for wheat less the special acreage reserve; (2) that in establishing State acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965; and (3) beginning with the 1965 crop, a special acreage reserve and uses of such reserve and apportionment to counties of such reserve

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–297, § 202(1), provided (1) for the apportionment among the States of the national acreage allotment for wheat less the special acreage reserve; (2) that in establishing State acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965; and (3) beginning with the 1965 crop, a special acreage reserve and uses of such reserve and apportionment to counties of such reserve.

    Enacted provision · exact public law section
    (1) Section 334(a) is amended by inserting “and less the special acreage reserve provided for in this subsection” in the first sentence after “in this subsection”; by changing the period at the end of the first sentence to a colon and adding the following: “Provided further, That in establishing State acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year.”; and by adding at the end of the section the following: “There shall also be made available, beginning with the 1965 crop, a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be. in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be used to make additional allotments to counties on the basis of the relative needs of counties, as determined by the Secretary, for additional allotment to make, adjustments in the alloments on old wheat farms (he., farms on which wheat, has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such adjustments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage reserve shall be made only to counties where wheat is a major income-producing crop, only to farms on which there is limited opportunity for the production of an alternative income-producing crop, and only if an efficient farming operation on the farm requires the allotment of additional acreage from the special acreage reserve. For the purposes of making adjustments hereunder the cropland on the farm shall not include any land developed as cropland subsequent to the 1963 crop year.”

36. 1964

    Agricultural Act of 1964

    Pub. L. 88–297 § 202(2) · 78 Stat. 173

    Changed · 7 U.S.C. § 1334(b)

    Pub. L. 88–297, § 202(2), provided that in establishing county acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 88–297, § 202(2), provided that in establishing county acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under regulations for determining farm wheat acreage allotments for 1965.

    Enacted provision · exact public law section
    (2) Section 334(b) is amended by changing the period at the end thereof to a colon and adding the following: “Provided further, That in establishing county acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year.”

37. 1964

    Agricultural Act of 1964

    Pub. L. 88–297 § 202(3) · 78 Stat. 173

    Inserted · 7 U.S.C. § 1334(c)(1)

    Pub. L. 88–297, § 202(3), inserted in third sentence, cls. (i) and (ii), “or 1965” after “1958” wherever appearing and in third sentence, cl. (iii), “except 1965” after “any subsequent year.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 88–297, § 202(3), inserted in third sentence, cls. (i) and (ii), “or 1965” after “1958” wherever appearing and in third sentence, cl. (iii), “except 1965” after “any subsequent year.”

    Enacted provision · exact public law section
    (3) Section 334(c)(1) is amended by inserting “or 1965” in the third sentence, clauses (i) and (ii), after “1958” wherever it appears, and by inserting “except 1965” in the third sentence, clause (iii), after the language “any subsequent year”.

38. 1964

    Agricultural Act of 1964

    Pub. L. 88–297 § 202(4) · 78 Stat. 173

    Inserted · 7 U.S.C. § 1334(g)

    Pub. L. 88–297, § 202(4), inserted in first sentence “except 1965” after “in 1958 or thereafter”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 88–297, § 202(4), inserted in first sentence “except 1965” after “in 1958 or thereafter”.

    Enacted provision · exact public law section
    (4) Section 334(g) is amended by inserting “except 1965” in the 70 Stat. 1117. first sentence after the language “in 1958 or thereafter”.

39. 1964

    Agricultural Act of 1964

    Pub. L. 88–297 § 202(5) · 78 Stat. 173

    Added · 7 U.S.C. § 1334(k)

    Pub. L. 88–297, § 202(5), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 88–297, § 202(5), added subsec. (k).

    Enacted provision · exact public law section
    (5) Section 334 is amended by adding at the end thereof the following new subsection: “(k) Notwithstanding any other provision of this Act, if the Secretary Natural disasters. Transfers. determines that because of a natural disaster a portion of the farm wheat acreage allotments in a county cannot be timely planted or replanted, he may authorize the transfer of all or a part of the wheat acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of wheat and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be planted on the farm from which it was transferred for the purposes of acreage history credits under this Act.”

40. 1965

    Food and Agriculture Act of 1965

    Pub. L. 89–321 § 501(3) · 79 Stat. 1187

    Substituted · 7 U.S.C. § 1334(a)

    Pub. L. 89–321, § 501(3), substituted the preceding year’s allotment for the acreage seeded for the production of wheat over the preceding ten-year period as the basis for determining the state’s apportioned share of the national acreage allotment and made provision for a special acreage reserve to be apportioned only to counties where wheat is a major income-producing crop

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–321, § 501(3), substituted the preceding year’s allotment for the acreage seeded for the production of wheat over the preceding ten-year period as the basis for determining the state’s apportioned share of the national acreage allotment and made provision for a special acreage reserve to be apportioned only to counties where wheat is a major income-producing crop.

    Enacted provision · exact public law section
    (3) Subsection (a) of section 334 is amended to read as follows: 52 Stat. 53. 7 USC 1334. National allotment. “(a) The national allotment for wheat, less a reserve of not to exceed 1 per centum thereof for apportionment as provided in this subsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year’s allotment for each such State, including all amounts allotted to the State and including for 1967 the increased 76 Stat. 621. 7 USC 1335. acreage in the State allotted for 1966 under section 335, adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used to make allotments to counties in addition to the county allotments made under subsection (b) of this section, on the basis of the relative needs of counties for additional allotments because of reclamation and other new areas coming into production of wheat. There also shall be made available a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be made available to the States to make additional allotments to counties on the basis of the relative needs of counties, as determined by the Secretary, for additional allotments to make adjustments in the allotments on old wheat farms (that is, farms on which wheat has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such adjustments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage reserve shall be made only to counties where wheat is a major income-producing crop, only to farms on which there is limited opportunity for the production of an alternative income-producing crop, and only if an efficient farming operation on the farm requires the allotment of additional acreage from the special acreage reserve. For the purposes of making adjustments hereunder the cropland on the farm shall not include any land developed as cropland subsequent to the 1963 crop year.”

41. 1965

    Food and Agriculture Act of 1965

    Pub. L. 89–321 § 501(4) · 79 Stat. 1187

    Substituted · 7 U.S.C. § 1334(b)

    Pub. L. 89–321, § 501(4), substituted the county’s allotment covering the preceding year for the acreage seeded for the production of wheat during the ten calendar years immediately preceding the calendar year in which the national acreage allotment is determined as the basis for determining the county’s allotment

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–321, § 501(4), substituted the county’s allotment covering the preceding year for the acreage seeded for the production of wheat during the ten calendar years immediately preceding the calendar year in which the national acreage allotment is determined as the basis for determining the county’s allotment.

    Enacted provision · exact public law section
    (4) Subsection (b) of section 334 is amended to read as follows: “(b) The State acreage allotment for wheat, less a reserve of not to exceed 3 per centum thereof for apportionment as provided in subsection (c) of this section, shall be apportioned by the Secretary among the counties in the State, on the basis of the preceding year’s wheat allotment in each such county, including for 1967 the increased acreage in the county allotted for 1966 pursuant to section 335, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors.”

42. 1965

    Food and Agriculture Act of 1965

    Pub. L. 89–321 § 501(5) · 79 Stat. 1187

    Added · 7 U.S.C. § 1334(c)(3); 7 U.S.C. § 1334(c)(4)

    Pub. L. 89–321, § 501(5), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 89–321, § 501(5), added pars. (3) and (4).

    Enacted provision · exact public law section
    (5) Subsection (c) of section 334 is amended by adding new paragraphs (3) and (4) to read as follows: “(3) Notwithstanding the provisions of paragraph (1) of this subsection, the past acreage of wheat for 1967 and any subsequent year shall be the acreage of wheat planted, plus the acreage regarded as planted, for harvest as grain on the farm which is not in excess of the farm acreage allotment. “(4) Notwithstanding any other provision of this subsection (c), the farm acreage allotment for the 1967 and any subsequent crop of wheat shall be’ established for each old farm by apportioning the county wheat acreage allotment among farms in the comity on which wheat has been planted, or is considered to have been planted, for harvest, as grain in any one of the three years immediately preceding the year for which allotments are determined on the basis of past acreage of wheat and the farm acreage allotment for the year immediately preceding the year for which the allotment is being established, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allotment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downward to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allotment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year immediately preceding the year for which such reduction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i), any farm on which the entire amount of farm marketing excess is delivered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allotment for the immediately preceding year by 7 per centum; and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equitable treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he determines to be necessary to provide fair and equitable treatment to such producers.”

43. 1965

    Food and Agriculture Act of 1965

    Pub. L. 89–321 § 501(6) · 79 Stat. 1187

    Repealed · 7 U.S.C. § 1334(d)

    Pub. L. 89–321, § 501(6), repealed subsec. (d) dealing with farms on which the entire amount of the farm marketing excess has been delivered to the Secretary or stored in accordance with applicable provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 89–321, § 501(6), repealed subsec. (d) dealing with farms on which the entire amount of the farm marketing excess has been delivered to the Secretary or stored in accordance with applicable provisions.

    Enacted provision · exact public law section
    (6) Subsection (d) of section 334 is repealed. Repeal. 74 Stat. 39. 7 USC 1334. 71 Stat. 477; 72 Stat. 80; 76 Stat. 620.

44. 1965

    Food and Agriculture Act of 1965

    Pub. L. 89–321 § 501(7) · 79 Stat. 1187

    Struck · 7 U.S.C. § 1334(g)

    Pub. L. 89–321, § 501(7), struck out “except as prescribed in the provisos to the first sentence of subsections (a) and (b) respectively of this section” after “county acreage allotments.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 89–321, § 501(7), struck out “except as prescribed in the provisos to the first sentence of subsections (a) and (b) respectively of this section” after “county acreage allotments.”

    Enacted provision · exact public law section
    (7) Subsection (g) of section 334 is amended by striking out the language “except as prescribed in the provisos to the first sentence of subsections (a) and (b), respectively, of this section” in the first sentence.

45. 1968

    Pub. L. 90–243 · 81 Stat. 781

    Inserted · 7 U.S.C. § 1334(a)

    Pub. L. 90–243 inserted provisions allowing the Secretary to make additional use, with specified limitations, of the 1 percent national wheat acreage allotment reserve in counties which have wheat as the principal grain crop, an average ratio of wheat acreage allotment to cropland on old wheat farms at least 20 percent below that in an adjoining county or alternative ratio, a low ratio caused by a shift prior to 1951 from wheat to an alternative crop or crops which have become unprofitable because of plant disease or sustained loss of markets, and no alternative income-producing crop

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–243 inserted provisions allowing the Secretary to make additional use, with specified limitations, of the 1 percent national wheat acreage allotment reserve in counties which have wheat as the principal grain crop, an average ratio of wheat acreage allotment to cropland on old wheat farms at least 20 percent below that in an adjoining county or alternative ratio, a low ratio caused by a shift prior to 1951 from wheat to an alternative crop or crops which have become unprofitable because of plant disease or sustained loss of markets, and no alternative income-producing crop.

46. 1970

    Pub. L. 91–220 · 84 Stat. 86

    Struck · 7 U.S.C. § 1334(j)

    Pub. L. 91–220 removed the 1963 deadline on the Secretary’s power to increase acreage allotments, empowering him to do so for the 1970 and subsequent wheat crops, made the area increase for each crop determinable, among other factors, by the extent to which applications are received therefor, removed requirement that acreage planted to wheat pursuant to increased allotments be considered in establishing future state, county and farm acreage allotments except where such consideration may be desirable in providing increased allotments for production of Durum wheat in subsequent years, conditioned wheat acreage allotments upon the production of Durum wheat on the original and increased acreage allotment, prohibited consideration of the increased acreage allotment in computing the farm wheat marketing allocation under section 1379b of this title, made producers on farms receiving increased allotments ineligible for diversion payments under section 1339 of this title, and struck out provisions prohibiting such producers from receiving price support, provisions making land use rules of section 1339 of this title inapplicable to farms receiving additional allotments, and provisions relating to 1962 and 1963 wheat crops

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 91–220 removed the 1963 deadline on the Secretary’s power to increase acreage allotments, empowering him to do so for the 1970 and subsequent wheat crops, made the area increase for each crop determinable, among other factors, by the extent to which applications are received therefor, removed requirement that acreage planted to wheat pursuant to increased allotments be considered in establishing future state, county and farm acreage allotments except where such consideration may be desirable in providing increased allotments for production of Durum wheat in subsequent years, conditioned wheat acreage allotments upon the production of Durum wheat on the original and increased acreage allotment, prohibited consideration of the increased acreage allotment in computing the farm wheat marketing allocation under section 1379b of this title, made producers on farms receiving increased allotments ineligible for diversion payments under section 1339 of this title, and struck out provisions prohibiting such producers from receiving price support, provisions making land use rules of section 1339 of this title inapplicable to farms receiving additional allotments, and provisions relating to 1962 and 1963 wheat crops.

47. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(e)

    Subsec. (e) related to increase in acreage allotments and marketing quotas for class II durum wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e) related to increase in acreage allotments and marketing quotas for class II durum wheat.

48. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(f)

    Subsec. (f) related to voluntary surrender of acreage allotments for 1955, 1956, and 1957 crops of wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (f) related to voluntary surrender of acreage allotments for 1955, 1956, and 1957 crops of wheat.

49. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(g)

    Subsec. (g) related to plantings in excess of allotments or where no allotment was established, in the case of 1958 and subsequent crops of wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (g) related to plantings in excess of allotments or where no allotment was established, in the case of 1958 and subsequent crops of wheat.

50. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(i)

    Subsec. (i) related to an increase in acreage allotments for any kind of wheat in short supply, and enumerated provisions of law inapplicable to such wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (i) related to an increase in acreage allotments for any kind of wheat in short supply, and enumerated provisions of law inapplicable to such wheat.

51. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(j)

    Subsec. (j) related to increased durum wheat acreage allotments to the Tulelake area in California for 1970 and subsequent crops of wheat

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (j) related to increased durum wheat acreage allotments to the Tulelake area in California for 1970 and subsequent crops of wheat.

52. 1985

    Public Law not identified

    Changed · 7 U.S.C. § 1334(k)

    Subsec. (k) related to transfer of farm wheat acreage allotments in case of natural disasters

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (k) related to transfer of farm wheat acreage allotments in case of natural disasters.

    See Effective and Termination Dates of 1985 Amendment note below.

53. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1334

    Pub. L. 99–198, in amending section generally, temporarily substituted “Farm marketing quotas” for “Apportionment of national acreage allotment” in section catchline. See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 99–198, in amending section generally, temporarily substituted “Farm marketing quotas” for “Apportionment of national acreage allotment” in section catchline. See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

54. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1334(a)

    Pub. L. 99–198 amended subsec. (a) generally, temporarily substituting provisions requiring the Secretary to establish, for each crop of wheat for which a national marketing quota under section 1332 of this title has been proclaimed, a farm marketing quota for each farm on which wheat was planted, or considered planted, for harvest during the base period for provisions which required the Secretary to apportion the national acreage allotment for wheat, less a national acreage reserve and a special reserve which were provided for herein, among the States on the basis of each State’s allotment for the preceding year, adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State. See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–198 amended subsec. (a) generally, temporarily substituting provisions requiring the Secretary to establish, for each crop of wheat for which a national marketing quota under section 1332 of this title has been proclaimed, a farm marketing quota for each farm on which wheat was planted, or considered planted, for harvest during the base period for provisions which required the Secretary to apportion the national acreage allotment for wheat, less a national acreage reserve and a special reserve which were provided for herein, among the States on the basis of each State’s allotment for the preceding year, adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State. See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

55. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1334(b)

    Pub. L. 99–198 amended subsec. (b) generally, temporarily substituting provisions establishing a formula for determination of the farm marketing quota for provisions which required the Secretary to apportion each State’s acreage allotment for wheat among the counties of the State, less a reserve not to exceed 3 per centum thereof, on the basis of the preceding year’s wheat allotment in each such county, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county. See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–198 amended subsec. (b) generally, temporarily substituting provisions establishing a formula for determination of the farm marketing quota for provisions which required the Secretary to apportion each State’s acreage allotment for wheat among the counties of the State, less a reserve not to exceed 3 per centum thereof, on the basis of the preceding year’s wheat allotment in each such county, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county. See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

56. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Substituted · 7 U.S.C. § 1334(c)

    Pub. L. 99–198 amended subsec. (c) generally, temporarily substituting provisions defining the circumstances under which wheat shall be considered to have been planted for harvest on the farm in any crop year for provisions relating to the apportionment among farms of each county’s allotment under this section. See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–198 amended subsec. (c) generally, temporarily substituting provisions defining the circumstances under which wheat shall be considered to have been planted for harvest on the farm in any crop year for provisions relating to the apportionment among farms of each county’s allotment under this section. See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

57. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Added · 7 U.S.C. § 1334(d)

    Pub. L. 99–198, in amending section generally, temporarily added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–198, in amending section generally, temporarily added subsec. (d).

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

58. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title III § 304 · 99 Stat. 1354

    Struck · 7 U.S.C. § 1334(e)(k)

    Pub. L. 99–198, in amending section generally, temporarily struck out subsecs. (e) to (k) as follows:

    Source evidence

    Code amendment note
    Subsecs. (e) to (k). Pub. L. 99–198, in amending section generally, temporarily struck out subsecs. (e) to (k) as follows:

    Enacted provision · exact public law section
    Sec. 304. farm marketing quotas Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: “Sec. 334. “farm marketing quotas (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period. “(b) The farm marketing quota shall be equal to the product obtained by multiplying— “(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by “(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by “(3) the marketing quota apportionment factor. “(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— “(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or “(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. “(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been Ante, p. 1378. proclaimed under section 332.”.

    Effective date note
    Pub. L. 99–198, title III, § 304, 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.

32 of 68 references resolved to an enrolled provision · 18 partial · 18 unresolved