§ 1377. Preservation of unused acreage allotments

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

   Feb. 16, 1938, ch. 30, title III, § 377, as added May 28, 1956, ch. 327, title III, § 307, 70 Stat. 206 · 70 Stat. 206

   Enacted · 7 U.S.C. § 1377

   Feb. 16, 1938, ch. 30, title III, § 377, as added May 28, 1956, ch. 327, title III, § 307, 70 Stat. 206

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 377, as added May 28, 1956, ch. 327, title III, § 307, 70 Stat. 206

2. 1957

   Pub. L. 85–266 · 71 Stat. 592

   Struck · 7 U.S.C. § 1377

   Pub. L. 85–266 struck out, for 1957, 1958, and 1959, requirement of filing notice of intention not to plant full acreage allotment and provided that acreage history credits for released or reapportioned acreage shall be governed by the applicable provisions of this subchapter pertaining to the release and reapportionment of acreage allotments

   Source evidence

   Code amendment note
   Pub. L. 85–266 struck out, for 1957, 1958, and 1959, requirement of filing notice of intention not to plant full acreage allotment and provided that acreage history credits for released or reapportioned acreage shall be governed by the applicable provisions of this subchapter pertaining to the release and reapportionment of acreage allotments.

3. 1959

   Pub. L. 86–172 § 1 · 73 Stat. 393

   Changed · 7 U.S.C. § 1377

   Pub. L. 86–172 excluded any allotment provided for a farm under section 1344(f)(7)(A) of this title from the entire acreage allotment for the farm which is considered as planted in the year for the purpose of establishing future acreage allotments and provided for the preservation of the current farm acreage allotment as history acreage under prescribed conditions

   Source evidence

   Code amendment note
   Pub. L. 86–172 excluded any allotment provided for a farm under section 1344(f)(7)(A) of this title from the entire acreage allotment for the farm which is considered as planted in the year for the purpose of establishing future acreage allotments and provided for the preservation of the current farm acreage allotment as history acreage under prescribed conditions.

   Enacted provision · exact public law section
   (1) Subsection (f) is amended by changing paragraph (8) thereof to read as follows: “(8) Notwithstanding the foregoing provisions of paragraphs (2) and (6) of this subsection, the Secretary shall, if allotments were in effect the preceding year, provide for the county acreage allotment for the 1959 and succeeding crops of cotton, less the acreage reserved under paragraph (3) of this subsection, to be apportioned to farms on which cotton has been planted in any one of the three years immediately preceding the year for which such allotment is determined, on the basis of the farm acreage allotment for the year immediately preceding the year for which such apportionment is made, adjusted as may be necessary (i) for any change in the acreage of cropland available for the production of cotton, or (ii) to meet the requirements of any provision (other than those contained in paragraphs (2) and (6)) with respect to the counting of acreage for history purposes: Provided, That, beginning with allotments established for the 1961 crop of cotton, if the acreage actually planted 70 Stat. 188. 7 USC 1801 note. (or regarded as planted under the Soil Bank Act, the Great Plains program, and the release and reapportionment provisions of subsection (m) (2) of this section) to cotton on the farm in the preceding year was less than 75 per centum of the farm allotment for such year, in lieu of using such allotment as the farm base as provided in this paragraph, the base shall be the average of (1) the cotton acreage for the farm for the preceding year as determined for purposes of this proviso and (2) the allotment established for the farm pursuant to the provisions of this subsection (f) for such preceding year; and the 1958 allotment used for establishing the minimum farm allotment under paragraph (1) of this subsection (f) shall be adjusted to the average acreage so determined. The base for a farm shall not be adjusted as provided in this paragraph if the county committee determines that failure to plant at least 75 per centum of the farm allotment was due to conditions beyond the control of producers on the farm. The Secretary shall establish limitations to prevent allocations of allotment to farms not affected by the foregoing proviso, which would be excessive on the basis of the cropland, past cotton acreage, allotments for other commodities, and good soil conservation practices on such farms.”

4. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 title I § 106(4) · 78 Stat. 173

   Inserted · 7 U.S.C. § 1377

   Pub. L. 88–297 inserted “or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under section 1444(b) of this title, 75 per centum of the farm domestic allotment established under section 1350 of this title for any such year, whichever is smaller” in first proviso after “75 per centum or more of the farm acreage allotment for such year” to protect the farm base of any farm participating in the domestic allotment choice program if the acreage planted on the farm was at least 75 per centum of the farm domestic allotment

   Source evidence

   Code amendment note
   Pub. L. 88–297 inserted “or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under section 1444(b) of this title, 75 per centum of the farm domestic allotment established under section 1350 of this title for any such year, whichever is smaller” in first proviso after “75 per centum or more of the farm acreage allotment for such year” to protect the farm base of any farm participating in the domestic allotment choice program if the acreage planted on the farm was at least 75 per centum of the farm domestic allotment.

   Enacted provision · exact public law section
   (4) Section 377 of the Act is amended by inserting in the first 73 Stat. 393. 7 USC 1377. proviso after the language “75 per centum or more of the farm acreage allotment for such year” the following: “or, in the case of upland cotton on a farm which qualified for price support: on the crop produced in any such year under section 103(b) of the Agricultural Act of 1949, as amended, 75 per centum of the farm domestic allotment established under section 350 for any such year, whichever is smaller”.

5. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title VIII § 806 · 91 Stat. 913

   Inserted · 7 U.S.C. § 1377

   Pub. L. 95–113 temporarily inserted “or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota” after “of the farm acreage allotment for such year”. See Effective and Termination Dates of 1977 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 95–113 temporarily inserted “or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota” after “of the farm acreage allotment for such year”. See Effective and Termination Dates of 1977 Amendment note below.

   Enacted provision · exact public law section
   Sec. 806. preservation of unused allotments Effective for the 1978 through 1981 crops of peanuts, section 377 of the Agricultural Adjustment Act of 1938, as amended, 7 USC 1377. is amended by inserting after the words “farm acreage allotment for such year” the following: “or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota”.

   Effective date note
   Pub. L. 95–113, title VIII, § 806, Sept. 29, 1977, 91 Stat. 947, provided that the amendment made by that section is effective for the 1978 through 1981 crops of peanuts.

6. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title III § 336(b)(2)(A) · 110 Stat. 888

   Substituted · 7 U.S.C. § 1377

   Pub. L. 104–127 substituted “environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985” for “Great Plains program”

   Source evidence

   Code amendment note
   Pub. L. 104–127 substituted “environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985” for “Great Plains program”.

   Enacted provision · exact public law section
   (A) The Agricultural Adjustment Act of 1938 is amended by striking “Great Plains program” each place it appears in sections 344(f)(8) and 377 (7 U.S.C. 1344(f)(8) and 1377) and inserting “environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985”.

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 title II § 2301(d)(2)(B) · 132 Stat. 4490

   Inserted · 7 U.S.C. § 1377

   Pub. L. 115–334 inserted “subchapter A of” before “chapter 4”

   Source evidence

   Code amendment note
   Pub. L. 115–334 inserted “subchapter A of” before “chapter 4”.

   Enacted provision · exact public law section
   (B) Section 377 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1377) is amended by inserting “subchapter A of” before “chapter 4”.

5 of 7 references resolved to an enrolled provision · 2 partial