§ 1379. Reconstitution of farms

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

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title VII § 707 · 79 Stat. 1187

   Enacted · 7 U.S.C. § 1379

   Feb. 16, 1938, ch. 30, title III, § 379, as added Pub. L. 89–321, title VII, § 707, Nov. 3, 1965, 79 Stat. 1211

   Source evidence

   Code source credit
   Feb. 16, 1938, ch. 30, title III, § 379, as added Pub. L. 89–321, title VII, § 707, Nov. 3, 1965, 79 Stat. 1211

   Enacted provision · exact public law section
   Sec. 707. The Agricultural Adjustment Act of 1938, as amended, 52 Stat. 31. 7 USC 1281. is amended by inserting after section 378 the following new section: “Sec. 379. “reconstitution or farms In any case in which the ownership of a tract of land is transferred from a parent farm, the acreage allotments, history acreages, and base acreages for the farm shall be divided between such tract and the parent farm in the same proportion that the cropland acreage in such tract bears to the cropland acreage in the parent farm, except that the Secretary shall provide by regulation the method to be used in determining the division, if any, of the acreage allotments, histories, and bases in any case in which— “(1) the tract of land transferred from the parent, farm has been or is being transferred to any agency having the right to acquire it by eminent domain; “(2) the tract of land transferred from the parent farm is to be used for nonagricultural purposes; “(3) the parent farm resulted from a combination of two or more tracts of land and records are available showing the contribution of each tract to the allotments, histories, and bases of the parent farm; “(4) the appropriate county committee determines that a division based on cropland proportions would result in allotments and bases not representative of the operations normally carried out on any transferred tract during the base period; or “(5) the parent farm is divided among heirs in settling an estate. “(6) neither the tract transferred from the parent farm nor the remaining portion of the parent farm receives allotments in excess of allotments for similar farms in the community having allotments of the commodity or commodities involved and such allotments are consistent with good land uses, but this clause (6) shall not be applicable in the case of barley tobacco.”

2. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title IV § 404(4) · 84 Stat. 1358

   Inserted · 7 U.S.C. § 1379

   Pub. L. 91–524 temporarily inserted provision that term “acreage allotments” include the farm base acreage allotments for upland cotton and the domestic allotment for wheat. See Effective and Termination Dates of 1970 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 91–524 temporarily inserted provision that term “acreage allotments” include the farm base acreage allotments for upland cotton and the domestic allotment for wheat. See Effective and Termination Dates of 1970 Amendment note below.

   Enacted provision · exact public law section
   (4) by adding at the end of section 379 the following sentence: “The term ‘acreage allotments’ as used in this section includes the domestic allotment for wheat.” and

3. 1983

   Tobacco Adjustment Act of 1983

   Pub. L. 98–180 title II § 212(b) · 97 Stat. 1128

   1. Amended · 7 U.S.C. § 1379

      Pub. L. 98–180 designated existing provisions as subsec. (a)

   2. Added · 7 U.S.C. § 1379

      Pub. L. 98–180 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 98–180 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Section 379 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379) is amended by— (1) inserting “(a)” immediately after the section designation; and (2) adding at the end thereof a new subsection as follows: “(b) In any case in which two or more tracts of land are located in contiguous counties in the same State and are owned by the same person, the Secretary shall permit such tracts to be combined as one farm if (1) a Burley tobacco poundage quota is established for one or more of such tracts, and (2) the relevant county committees deter mine that such tracts will be operated as a single farming unit.”.

4. 1990

   Farm Poundage Quota Revisions Act of 1990

   Pub. L. 101–577 § 2(c) · 104 Stat. 2856

   Added · 7 U.S.C. § 1379(a)(7)

   Pub. L. 101–577 added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 101–577 added par. (7).

   Enacted provision · exact public law section
   (c) Limitation on Division of Quotas by Sale or Lease.— (1) Section 379(a)(5) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379(a)(5)) is amended by deleting “or” after the semicolon. (2) Section 379(a)(6) is amended by deleting the period and inserting in lieu thereof or”. (3) Section 379(a) is amended by adding a new paragraph to read as follows: “(7) When a farm is divided through reconstitution, the burley tobacco poundage quota which transfers with the divided land shall not be less than 1,000 pounds (except when the reconstitution of the farm is among immediate family members or pursuant to probate proceedings).”.

5. 1991

   Pub. L. 102–237 title I § 116(3) · 105 Stat. 1818

   1. Struck · 7 U.S.C. § 1379(a)(4)(7)(c)

      Pub. L. 102–237 struck out “or” at end of par. (4)

   2. Substituted · 7 U.S.C. § 1379(a)(4)(7)(c)

      Pub. L. 102–237 substituted “; or” for period at end of par. (5)

   3. Substituted · 7 U.S.C. § 1379(a)(4)(7)(c)

      Pub. L. 102–237 substituted a period for “; or” at end of par. (6)

   4. Redesignated · 7 U.S.C. § 1379(a)(4)(7)(c)

      Pub. L. 102–237 redesignated par. (7) as subsec. (c) and moved subsec. (c) to follow subsec. (b)

   Source evidence

   Code amendment note
   Subsecs. (a)(4) to (7), (c). Pub. L. 102–237 struck out “or” at end of par. (4), substituted “; or” for period at end of par. (5), substituted a period for “; or” at end of par. (6), and redesignated par. (7) as subsec. (c) and moved subsec. (c) to follow subsec. (b).

   Enacted provision · exact public law section
   (3) in section 379(a) (7 U.S.C. 1379(a))— (A) by striking “or” at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting “; or”; (C) by striking “; or” at the end of paragraph (6) and inserting a period; and (D) by redesignating paragraph (7) as subsection (c), moving such subsection to appear after subsection (b), and conforming the left margin of such subsection to subsection (b).

6. 1999

   Pub. L. 106–78 title VIII § 803(c)(6)(C) · 113 Stat. 1135

   Inserted · 7 U.S.C. § 1379(b)

   Pub. L. 106–78 inserted “or flue-cured” after “Burley”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–78 inserted “or flue-cured” after “Burley”.

   Enacted provision · exact public law section
   (C) Same grower in contiguous counties.— Section 379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379(b)) is amended by inserting “or flue-cured” after “Burley”.

7. 2004

   Fair and Equitable Tobacco Reform Act of 2004

   Pub. L. 108–357 title VI § 611(m) · 118 Stat. 1418

   1. Struck · 7 U.S.C. § 1379

      Pub. L. 108–357 struck out “(a)” before “In any case”

   2. Struck · 7 U.S.C. § 1379

      Pub. L. 108–357 struck out “, but this clause (6) shall not be applicable in the case of burley tobacco” before period at end of par. (6)

   3. Struck · 7 U.S.C. § 1379

      Pub. L. 108–357 struck out subsecs. (b) and (c), which related to combination of tracts in contiguous counties, and to burley tobacco poundage quota when a farm is divided through reconstitution, respectively

   Source evidence

   Code amendment note
   Pub. L. 108–357 struck out “(a)” before “In any case”, struck out “, but this clause (6) shall not be applicable in the case of burley tobacco” before period at end of par. (6), and struck out subsecs. (b) and (c), which related to combination of tracts in contiguous counties, and to burley tobacco poundage quota when a farm is divided through reconstitution, respectively.

   Enacted provision · exact public law section
   (m) Burley Tobacco Farm Reconstitution.— Section 379 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379) is amended— (1) in subsection (a)— (A) by striking “(a)”; and (B) in paragraph (6), by striking “, but this clause (6) shall not be applicable in the case of burley tobacco”; and (2) by striking subsections (b) and (c).

   Effective date note
   Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.

13 of 13 references resolved to an enrolled provision