§ 1441. Price support levels

Footnotes

1. 1 So in original. The period probably should be a semicolon.
2. 2 So in original. Probably should not be capitalized.

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. 1949

   Agricultural Act of 1949

   Pub. L. 81–792 · 63 Stat. 1051

   Enacted · 7 U.S.C. § 1441

   Oct. 31, 1949, ch. 792, title I, §§ 101, 104(b)(3), 63 Stat. 1051

   Source evidence

   Code source credit
   Oct. 31, 1949, ch. 792, title I, §§ 101, 104(b)(3), 63 Stat. 1051

2. 1952

   Public Law not identified

   Added · 7 U.S.C. § 1441(d)(6)

   Subsec. (d)(6). Act July 17, 1952, § 2, added par. (6)

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

   Source evidence

   Code amendment note
   Subsec. (d)(6). Act July 17, 1952, § 2, added par. (6).

3. 1952

   Public Law not identified

   Added · 7 U.S.C. § 1441(f)

   Subsec. (f). Act July 17, 1952, § 3(1), added subsec. (f)

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

   Source evidence

   Code amendment note
   Subsec. (f). Act July 17, 1952, § 3(1), added subsec. (f).

4. 1954

   Public Law not identified

   Changed · 7 U.S.C. § 1441(d)(6)

   Subsec. (d)(6). Act Aug. 28, 1954, § 201(a), provided for flexible price supports

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

   Source evidence

   Code amendment note
   Subsec. (d)(6). Act Aug. 28, 1954, § 201(a), provided for flexible price supports.

5. 1954

   Public Law not identified

   Added · 7 U.S.C. § 1441(d)(7)

   Subsec. (d)(7). Act Aug. 28, 1954, § 201(b), added par. (7)

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

   Source evidence

   Code amendment note
   Subsec. (d)(7). Act Aug. 28, 1954, § 201(b), added par. (7).

6. 1954

   Public Law not identified

   Changed · 7 U.S.C. § 1441(f)

   Subsec. (f). Act Aug. 28, 1954, § 202, set the price support for long staple cotton at the minimum determined in accordance with the schedule in subsec. (b) of this section

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

   Source evidence

   Code amendment note
   Subsec. (f). Act Aug. 28, 1954, § 202, set the price support for long staple cotton at the minimum determined in accordance with the schedule in subsec. (b) of this section.

7. 1957

   Pub. L. 85–28 · 71 Stat. 27

   Changed · 7 U.S.C. § 1441(f)

   Pub. L. 85–28 set the price support for extra long staple cotton for 1957 and each subsequent crop at same per centum of parity price as for 1956 crop

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 85–28 set the price support for extra long staple cotton for 1957 and each subsequent crop at same per centum of parity price as for 1956 crop.

8. 1958

   Pub. L. 85–497 · 72 Stat. 296

   Changed · 7 U.S.C. § 1441(f)

   Pub. L. 85–497 provided that the level of support for crops of extra long staple cotton shall not exceed the same per centum of the parity price as for the 1956 crop, required such level to be determined after consideration of the factors specified in section 1421(b) of this title and the price levels for similar qualities of cotton produced outside the United States, and established a minimum of not less than 60 per centum of the parity price as the level for extra long staple cotton

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 85–497 provided that the level of support for crops of extra long staple cotton shall not exceed the same per centum of the parity price as for the 1956 crop, required such level to be determined after consideration of the factors specified in section 1421(b) of this title and the price levels for similar qualities of cotton produced outside the United States, and established a minimum of not less than 60 per centum of the parity price as the level for extra long staple cotton.

9. 1958

   Agricultural Act of 1958

   Pub. L. 85–835 § 302(a) · 72 Stat. 988

   1. Substituted · 7 U.S.C. § 1441(a)

      Pub. L. 85–835, § 302(a), substituted “and wheat” for “wheat, and rice”

   2. Added · 7 U.S.C. § 1441(a)

      Pub. L. 85–835, § 302(a), added par. requiring rice price support levels to be not less than 75, 70, and 65 per centum of parity for 1959 and 1960, 1961, and 1962 and subsequent crop years, respectively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–835, § 302(a), substituted “and wheat” for “wheat, and rice” and added par. requiring rice price support levels to be not less than 75, 70, and 65 per centum of parity for 1959 and 1960, 1961, and 1962 and subsequent crop years, respectively.

   Enacted provision · exact public law section
   (a) Section 101 (a) of the Agricultural Act of 1949, 7 USC 1441. as amended, is amended, effective beginning with the 1959 crop— (1) by striking out “wheat, and rice” and inserting “and wheat”; and (2) by adding at the end thereof the following new paragraph: “For rice of the 1959 and 1960 crops, the level of support shall be not less than 75 per centum of the parity price. For rice of the 1961 crop the level of support shall be not less than 70 per centum of the parity price. For the 1962 and subsequent crops of rice the level of support shall be not less than 65 per centum of the parity price.”

10. 1958

    Agricultural Act of 1958

    Pub. L. 85–835 § 201 · 72 Stat. 988

    Repealed · 7 U.S.C. § 1441(d)(4)

    Pub. L. 85–835, § 201, repealed par. (4) which provided for price support level for corn to cooperators outside the commercial corn-producing area at 75 per centum of the level of price support to cooperators in the commercial corn-producing area

    Source evidence

    Code amendment note
    Subsec. (d)(4). Act Oct. 31, 1949, § 104(b)(3), as added Pub. L. 85–835, § 201, repealed par. (4) which provided for price support level for corn to cooperators outside the commercial corn-producing area at 75 per centum of the level of price support to cooperators in the commercial corn-producing area.

    Enacted provision · exact public law section
    Sec. 201. referendum Title I of the Agricultural Act of 1949, as amended, is 7 USC 1441. further amended by adding at the end of such title the following: “Sec. 104. (a) Not later than December 15, 1958, the Secretary shall conduct a referendum of producers of corn in 1958 in the commercial corn-producing area for 1958 to determine whether such producers favor a price support program as provided in subsection (b) of this section for the 1959 and subsequent crops in lieu of acreage allotments as provided in the Agricultural Adjustment Act of 1938, as amended, 7 USC 1281. and price support as provided in section 101 of the Agricultural Act of 1949, as amended. 7 USC 1441. “(b) Notwithstanding any other provision of law, if less than a majority of the producers voting in the referendum conducted pursuant to subsection (a) hereof favor a price support program as provided in this subsection (b), the following provisions of law shall become inoperative: “(1) “discontinuance of acreage allotments on corn The Agricultural Adjustment Act of 1938, as amended, is 7 USC 1281. amended by adding the following new section: “‘Sec. 330. Notwithstanding any other provision of law, acreage allotments and a commercial corn-producing area shall not be established for the 1959 and subsequent crops of corn.’ “(2) “price support The Agricultural Act of 1949, as amended, is amended by 7 USC 1421 note. adding the following new section: “‘Sec. 105. (a) Notwithstanding the provisions of section 101 of this Act, beginning with the 1959 crop, price support shall be made available to producers for each crop of corn at 90 per centum of the average price received by farmers during the three calendar years immediately preceding the calendar year in which the marketing year for such crop begins, adjusted to offset the effect on such price of any abnormal quantities of low-grade corn marketed during any of such year: Provided, That the level of price support for any crop of corn shall not be less than 65 per centum of the parity price therefor. “‘(b) Beginning with the 1959 crop, price support shall be made available to producers for each crop of oats, rye, barley, and grain sorghums at such level of the parity price therefor as the Secretary of Agriculture determines is fair and reasonable in relation to the level at which price support is made available for corn, taking into consideration the feeding value of such commodity in relation to corn, and the other factors set forth in section 401 (b) hereof.’ “(3) Section 101 (d) (4) of the Agricultural Act of 1949, as 7 USC 1441. amended, is repealed effective with the 1959 crop.”

11. 1960

    Pub. L. 86–389 § 2 · 74 Stat. 6

    Repealed · 7 U.S.C. § 1441(e)

    Pub. L. 86–389 repealed subsec. (e) which provided that: “Notwithstanding any of the provisions of this Act, section 2 of the Act of July 28, 1945 (59 Stat. 506) shall continue in effect.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 86–389 repealed subsec. (e) which provided that: “Notwithstanding any of the provisions of this Act, section 2 of the Act of July 28, 1945 (59 Stat. 506) shall continue in effect.”

    Enacted provision · exact public law section
    Sec. 2. Section 101(e) of the Agricultural Adjustment Act of 1949 (63 Stat. 1051; 7 U.S.C. 1441(e)) and section 2 of the Act of July 28, 1945, as amended (59 Stat. 506; 7 U.S.C. 1312 note) are hereby deleted.

12. 1968

    Pub. L. 90–475 § 5 · 82 Stat. 701

    Substituted · 7 U.S.C. § 1441(f)

    Pub. L. 90–475 substituted provisions authorizing price support for extra long staple cotton for the 1968 crop and each subsequent crop based on the loan level established for Middling one-inch upland cotton and adjusted by the specified factors, provisions determining the computation of acreage allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-support payment factor, and provisions authorizing the manner and mode of payments authorized under this section, for provisions authorizing price support for extra long staple cotton for the 1957 crop and each subsequent crop based on the parity price for the 1956 crop and adjusted by certain specified factors, with a minimum price support level of not less than 60 percent of the parity price, and provisions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national marketing quota established pursuant to section 1347 of this title

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 90–475 substituted provisions authorizing price support for extra long staple cotton for the 1968 crop and each subsequent crop based on the loan level established for Middling one-inch upland cotton and adjusted by the specified factors, provisions determining the computation of acreage allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-support payment factor, and provisions authorizing the manner and mode of payments authorized under this section, for provisions authorizing price support for extra long staple cotton for the 1957 crop and each subsequent crop based on the parity price for the 1956 crop and adjusted by certain specified factors, with a minimum price support level of not less than 60 percent of the parity price, and provisions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national marketing quota established pursuant to section 1347 of this title.

    Enacted provision · exact public law section
    Sec. 5. Section 101(f) of the Agricultural Act of 1949, as amended, is amended by striking out all of the first sentence following the words “except that”, and substituting in lieu therefor the following: “notwithstanding any other provision of this Act, price support shall be made available to cooperators for the 1968 and each subsequent crop of extra long staple cotton, if producers have not disapproved marketing quotas therefor, through loans at a level which is not less than 50 per centum or more than 100 per centum in excess of the loan level established for Middling one-inch upland cotton of such crop at average location in the United States (except that such loan level for extra long staple cotton shall in no event be less than 35 cents per pound) and, in addition, through price-support payments at a rate which, together with the loan level established for such crop, shall be not less than 65 per centum or more than 90 per centum of the parity price for extra one staple cotton as of the month in which the payment rate provided for by this subsection is announced. Such payment with respect to any farm shall be made on the quantity of extra long staple cotton, determined in accordance with regulations prescribed by the Secretary, equal to either (1) for a farm on which the acreage planted to such cotton does not exceed an acreage determined by multiplying the farm acreage allotment by the price-support payment factor established by the Secretary for each crop, the actual production of such cotton on the farm, or (2) for a farm on which the acreage planted to such cotton exceeds an acreage determined by multiplying the farm acreage allotment by the price-support, payment, factor but does not exceed the farm acreage allotment, the actual production of such cotton on the farm attributable to the number of acres determined by multiplying the farm acreage allotment by such price-support payment factor. The Secretary shall establish the price-support payment factor for each such crop of extra long staple cotton by dividing the 1966 national acreage allotment for such cotton by the national acreage allotment proclaimed for such crop, except that such factor shall not be more than one. The Secretary shall provide for the sharing of price-support payments under this subsection among producers on a farm on the basis of their respective shares in the crop of extra long staple cotton produced on the farm, or the proceeds therefrom. The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act, 80 Stat. 1167. 16 USC 590h. as amended (relating to assignment of payments), shall also apply to payments under this subsection. The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized in this subsection and to pay administrative expenses necessary in carrying out this subsection.”

13. 1976

    Pub. L. 94–214 title I § 102 · 90 Stat. 181

    Added · 7 U.S.C. § 1441(g)

    Pub. L. 94–214 temporarily added subsec. (g). See Effective and Termination Dates of 1976 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 94–214 temporarily added subsec. (g). See Effective and Termination Dates of 1976 Amendment note below.

    Enacted provision · exact public law section
    Sec. 102. payments and loans Effective for the 1976 and 1977 crops of rice, section 101 7 USC 1441 note. 7 USC 1441. of the Agricultural Act of 1949 is amended by adding the following new subsection at the end thereof: “(g) Notwithstanding any other provision of law— “(1) The established price for the purpose of making payments on rice under this subsection shall be $8 per hundredweight in the case of the 1976 crop, adjusted to reflect any changes in the index of prices paid by farmers for production items, bitterest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975, and ending July 31, 1976; for the 1977 crop the established price shall be the established price for the 1976 crop adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the twelve-month period immediately preceding July 31, 1977; Provided, That any increase that would otherwise be made in the established price for the 1976 and 1977 crops to reflect a change in the index of prices paid by farmers may be further adjusted to reflect any change in (i) the national average yield per acre of rice for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre for the three calendar years preceding the year previous to the one for which the determination is made. “(2) The Secretary shall make available, to cooperators in the several States of the United States, loans and purchases on the 1976 crop of rice at a rate equal to $6 per hundredweight, adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975 and ending July 31, 1976: Provided, That any increase in the rate of loans and purchases for the 1976 crop to reflect a change in the index of prices paid by farmers may be further adjusted to reflect the change described in the proviso in paragraph (1) of this subsection. Loans and purchases for the 1977 crop shall be established at such rate as bears the same ratio to the loan rate for the 1976 crop as the established price for the 1977 crop bears to the established price for the 1976 crops. The loans and purchases for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm, as determined in the manner described in the second sentence of paragraph (4) of this subsection. “(3) The Secretary shall make available to cooperators payments for each of the 1976 and 1977 crops of rice grown in the several States of the United Stales at a rate equal to the amount by which the established price for the crop of rice exceeds the higher of— “(A) the national average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary; or “(B) the loan level determined under paragraph (2) for such crop. “(4) The payments for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm. The yield for the farm for any year shall be determined on the basis of the actual yields per harvested acre for the three preceding years: Provided, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, outlier natural disaster, or condition beyond the control of the cooperator. If the Secretary determines that the persons involved in producing rice on a farm are prevented from planting all or any portion of the acreage allotments of producers on the farm or farm acreage allotment to rice or other nonconserving crop, because of droughts, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment with regard to such acres so affected shall be the larger of (A) the foregoing rate, or (B) one-third of the established price, except that the Secretary shall make no payment pursuant to this sentence on a farm from which acres were transferred tender 7 USC 1352. section 352(d) of the Agricultural Adjustment Act of 1938 with respect to the transferred acreage. If the Secretary determines that, because of such disaster or condition, the total quantity of rice which the persons involved in producing rice are able to harvest on any farm is less than 66% per centum of the acreage allotments of producers on the farm or of the farm acreage allotment times the yield of rice established for the farm, the rate of payment for the deficiency in production below 100 per centum shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. Any payment made under the previous two sentences with regard to acres transferred under section 352(d) of the Agricultural Adjustment Act of 1938 shall be calculated with respect to the farm yield established on the farm to which such acres were transferred. “(5) (A) The Secretary may provide for a set-aside of cropland for a crop of rice if he estimates (without taking into consideration the effect of a set-aside), that the carryover of rice, for the marketing year beginning in the calendar year immediately following the calendar year in which such crop will be grown will exceed 15 per centum of the total supply of rice for the marketing year beginning in the calendar year in which such crop will be grown. The Secretary shall make a preliminary determination prior to the beginning of the calendar year in which such crop will be grown and a final determination not later than April 1 of the calendar year in which such crop is grown of whether a set-aside shall be in effect and, if so, the acreage of crop-land required to be set aside. The determinations and estimates on Publication in Federal Register. which they are based shall he published in the Federal Register at the time they are made. If a set-aside of cropland is in effect under this paragraph then, us a condition of eligibility for payments, loans and purchases under this subsection, the cooperators must set aside and devote to conservation uses an acreage of cropland equal to (i) such percentage of the farm acreage allotment as may be specified by the Secretary (not to exceed 30 per centum of the farm acreage allotment), plus, if required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary. The Secretary shall permit cooperators to plant and graze sweet sorghum on set-aside acreage. The Secretary may permit, subject to such trims and conditions as he may prescribe, all or any part of the set-aside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, cram be, plantago ovate, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely affect farm income. “(B) To assist in adjusting the acreage of rice to desirable goals, Land diversion payments. the Secretary may make land diversion payments, in addition to the payments authorized in paragraph (3) of this subsection, to cooperators on a farm who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in addition to that required to be devoted under subparagraph (A) of tills paragraph. The land diversion payments for a farm shall be at such rate, or rates as the Secretary determines to be fair and reasonable taking into consideration the diversion undertaken by the cooperator and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to adversely affect the economy of the county or local community. “(6) The rice program formulated under this subsection shall require the cooperators to take such measures as the Secretary may deem appropriate to protect the set-aside acreage and the additional diverted acreage from erosion, insects, weeds, and rodents. Such acre-age may be devoted to wildlife food plots or wildlife habitat, in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences. The Secretary may provide for an additional payment on such acreage in the amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the cooperator agrees to permit, without other compensation, access to all or such portion of the farm as the Secretary may prescribe by the general public, for hunting, trapping, fishing, and hiking, subject, to applicable State and Federal regulations. “(7) If the operator of the farm desires to participate in the program formulated under this subsection, he shall file his agreement to do so no later than such date as the Secretary may prescribe. Payments under this subsection shall be made available to cooperators on such farm only if such cooperators set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator of the farm agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary may, by mutual agreement with the cooperators on the farm, terminate or modify any such agreement entered into pursuant to this subsection if he determines such action necessary because of any emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of rice. “(8) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers including provision for sharing, on a fair and equitable basis, in payments under this subsection. “(9) In the case in which the failure of a cooperator to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default. “(10) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this subsection. “(11) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(12) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall apply to payments under this subsection. “(13) Notwithstanding any other provision of law— “(A) The total amount of payments which a person shall be entitled to receive during a crop year under the rice program shall not exceed $55,000. “(B) The term ‘payments’ as used in this paragraph shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation. “(C) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such persons will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount, of the payment redaction. “(D) The Secretary shall issue regulations defining the term ‘person’ and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this paragraph which limit, payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stock-holders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”.

14. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 607 · 91 Stat. 913

    Substituted · 7 U.S.C. § 1441(f)

    Pub. L. 95–113, § 607, substituted “Strict Low Middling one and one-sixteenth inch” for “Middling one-inch”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–113, § 607, substituted “Strict Low Middling one and one-sixteenth inch” for “Middling one-inch”.

    Enacted provision · exact public law section
    Sec. 607. extra long staple cotton Section 101(f) of the Agricultural Act of 1949, 7 USC 1441. as amended, is amended by striking out the words “Middling one-inch” appearing in the first sentence and inserting in lieu thereof “Strict Low Middling one and one-sixteenth inch”.

15. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 702 · 91 Stat. 913

    Added · 7 U.S.C. § 1441(h)

    Pub. L. 95–113, § 702, temporarily added subsec. (h). See Effective and Termination Dates of 1977 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 95–113, § 702, temporarily added subsec. (h). See Effective and Termination Dates of 1977 Amendment note below.

    Enacted provision · exact public law section
    Sec. 702. loan rates, target prices, and set-aside for the 1978 through 1981 crops Effective only for the 1978 through 1981 crops of rice, section 101 of the Agricultural Act of 1949, as amended, is amended by adding a new subsection (h) as follows: “(h) Notwithstanding any other provision of law— “(1) For the 1978 through 1981 crops of rice, the established price for the purpose of making payments under this subsection shall be the established price for the previous year’s crop adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the year for which the determination is made from (ii) the average adjusted cost of production for the two crop years immediately preceding the year previous to the one for which the determination is made. Adjusted cost of production. The adjusted cost of production for each of such years shall be determined by the Secretary on the basis of such information as the Secretary finds necessary and appropriate for the purpose and shall be limited to (i) variable costs, (ii) machinery ownership costs, and (iii) general farm overhead costs, allocated to the crops involved on the basis of the proportion of the value of the total production derived from each crop. “(2) The Secretary shall make available, to cooperators in the several States of the United States, loans and purchases for each of the 1978 through 1981 crops of rice at such level as bears the same ratio to the loan level for the preceding year’s crop as the established price for each such crop bears to the established price for the preceding year’s crop. If the Secretary determines that loans and purchases at the foregoing level for any of the 1978 through 1981 crops would substantially discourage the exportation of rice and result in excessive stocks of rice in the United States, the Secretary may, notwithstanding the foregoing provisions of this paragraph, establish loans and purchases for such crop or crops at such level, not less than $6.31 per hundredweight nor more than the parity price thereof, as the Secretary deter-mines necessary to avoid such consequences. The loans and purchases shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm, as determined in the manner described in the second sentence of paragraph (4) (A) of this subsection. “(3) The Secretary shall make available to cooperators payments Payments. for each of the 1978 through the 1981 crops of rice grown in the several States of the United States at a rate equal to the amount by which the established price for the crop of rice exceeds the higher of— “(A) the national average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or “(B) the loan level determined under paragraph (2) for such crop. “(4) (A) The payments for each such crop shall be made avail-able to cooperators on a farm with respect to a quantity of rice determined by multiplying that portion of the allotment planted to rice by the yield established for the farm: Provided, That an acreage on the farm which the Secretary determines was not planted to rice because of drought, flood, or other natural disaster, or other condition beyond the control of the cooperators shall be considered to be an acreage planted to rice. The yield for the farm for any year shall be determined on the basis or the actual yields per harvested acre for the three preceding years: Provided, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, other natural disaster, or other condition beyond the control of the cooperators. The total quantity on which payments would otherwise be payable to a cooperator for any crop under this subparagraph shall be reduced by the quantity on which any disaster payment is made to the cooperator on a farm for the crop under this paragraph. “(B) Effective only with respect to the 1978 and 1979 crops of Prevented planting disaster payments. rice, if the Secretary determines that the persons involved in producing rice on a farm are prevented from planting all or any portion of the acreage allotments of producers on the farm or the farm acreage allotment to rice or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to cooperators on a farm in an amount determined by multiplying (i) the number of such acres so affected, by (ii) the yield established for the farm, by (iii) 33⅓ per centum of the established price for rice, except that the Secretary shall make no payment pursuant to this sentence on a farm from which acres were transferred under section 352(d) of the Agricultural Adjustment Act of 1938, as amended, with respect to 7 USC 1352. the transferred acreage. “(C) Effective only with respect to the 1978 and 1979 crops of Farm disaster payments. rice, if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of rice which the persons involved in producing rice on a farm are able to harvest on the acreage allotments of producers on the farm or the farm acreage allotment is less than the result of multiplying 75 per centum of the yield established for the farm by the acreage within the allotment planted to rice for harvest for such crop, the Secretary shall make a farm disaster payment to the cooperators on the farm for the deficiency in production below 75 per centum of the crop at a rate equal to 33⅓ per centum of the established price for the crop. “(D) Any payment made under subparagraphs (B) and (C) of this paragraph with regard to acres transferred under section 7 USC 1352. 352(d) of the Agricultural Adjustment Act of 1938, as amended, shall be calculated with respect to the farm yield established on the farm to which such acres were transferred. “(5) The Secretary shall provide for a set-aside of cropland if the Secretary determines that the total supply of rice will, in the absence of such set-aside, likely be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency. Eligibility. If a set-aside of cropland is in effect under this paragraph, then as a condition of eligibility for loans, purchases, and payments under this subsection, the cooperators on a farm must set aside and devote to conservation uses an acreage of cropland equal to (i) such percentage of the farm acreage allotment as may be specified by the Secretary (not to exceed 30 per centum of the farm acreage allotment), plus, if required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary. The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary, which will assure protection of such acreage from weeds and wind and water erosion; however, the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the set- aside acreage to be devoted to sweet sorghum, hay, and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely affect farm income. “(6) The Secretary may make land diversion payments to cooperators, whether or not a set-aside for rice is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of rice to Contracts. desirable goals. Such land diversion payments shall be made to cooperators on a farm who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the, farm in accordance with land diversion contracts Bids, submittal. entered into by the Secretary with such cooperators. The amounts payable to cooperators under land diversion contracts may be determined through the submission of bids for such contracts by cooperators in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the cooperators and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. “(7) The set-aside acreage and the additional diverted acreage Consultation. may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate Payment. share of the cost of practices designed to carry out the purposes of the foregoing sentence. The Secretary may provide for an additional payment on such acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the cooperator agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. “(8) If the operator of the farm desires to participate in the Agreement, filing. program formulated under this subsection the operator shall file an agreement to do so no later than such date as the Secretary may prescribe. Loans, purchases, and payments under this subsection shall be made available to cooperators on such farm only if such cooperators set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator of the farm agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary Termination or modification. may, by mutual agreement with the cooperators on the farm, terminate or modify any such agreement entered into pursuant to this subsection if the Secretary determines such action necessary because of any emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of rice. “(9) The Secretary shall provide adequate safeguards to protect Safeguards. the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis in payments under this subsection. “(10) In any case in which the failure of a cooperator to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines to be equitable in relation to the seriousness of the default. “(11) The Secretary is authorized to issue such regulations Regulations. as the Secretary determines necessary to carry out the provisions of this subsection. “(12) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(13) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of 16 USC 590h. payments) shall apply to payments under this subsection.”.

16. 1979

    Pub. L. 96–176 · 93 Stat. 1290

    1. Substituted · 7 U.S.C. § 1441(f)

       Pub. L. 96–176 substituted “1980” for “1968”

    2. Substituted · 7 U.S.C. § 1441(f)

       Pub. L. 96–176 substituted “85” for “50”

    3. Substituted · 7 U.S.C. § 1441(f)

       Pub. L. 96–176 substituted “135” for “100”

    4. Substituted · 7 U.S.C. § 1441(f)

       Pub. L. 96–176 substituted “55” for “65”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–176 substituted “1980” for “1968”, “85” for “50”, “135” for “100”, and “55” for “65”.

17. 1980

    Agricultural Adjustment Act of 1980

    Pub. L. 96–213 § 4(a)(1) · 94 Stat. 119

    Substituted · 7 U.S.C. § 1441(h)(4)(B)

    Pub. L. 96–213, § 4(a)(1), substituted “1978, 1979, and 1980 crops of rice” for “1978 and 1979 crops of rice”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–213, § 4(a)(1), substituted “1978, 1979, and 1980 crops of rice” for “1978 and 1979 crops of rice”.

    Enacted provision · exact public law section
    (1) in subparagraph (B), striking out “1978 and 1979 crops of rice” and inserting in lieu thereof “1978, 1979, and 1980 crops of rice”; and

18. 1980

    Agricultural Adjustment Act of 1980

    Pub. L. 96–213 § 4(a)(2) · 94 Stat. 119

    Substituted · 7 U.S.C. § 1441(h)(4)(C)

    Pub. L. 96–213, § 4(a)(2), substituted “1978, 1979, and 1980 crops of rice” for “1978 and 1979 crops of rice”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–213, § 4(a)(2), substituted “1978, 1979, and 1980 crops of rice” for “1978 and 1979 crops of rice”.

    Enacted provision · exact public law section
    (2) in subparagraph (C), striking out “1978 and 1979 crops of rice” and inserting in lieu thereof “1978, 1979, and 1980 crops of rice”.

19. 1980

    Federal Crop Insurance Act of 1980

    Pub. L. 96–365 § 201(a)(1) · 94 Stat. 1312

    Substituted · 7 U.S.C. § 1441(h)(4)(B)

    Pub. L. 96–365, § 201(a)(1), substituted “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice” for “Effective only with respect to the 1978, 1979, and 1980 crops of rice”

    Source evidence

    Code amendment note
    Subsec. (h)(4)(B). Pub. L. 96–365, § 201(a)(1), substituted “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice” for “Effective only with respect to the 1978, 1979, and 1980 crops of rice”.

    Enacted provision · exact public law section
    (1) in subparagraph (B), striking out “Effective only with respect to the 1978, 1979, and 1980 crops of rice,” and inserting in lieu thereof “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice,”;

20. 1980

    Federal Crop Insurance Act of 1980

    Pub. L. 96–365 § 201(a)(2) · 94 Stat. 1312

    Substituted · 7 U.S.C. § 1441(h)(4)(C)

    Pub. L. 96–365, § 201(a)(2), substituted “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice” for “Effective only with respect to the 1978, 1979, and 1980 crops of rice”

    Source evidence

    Code amendment note
    Subsec. (h)(4)(C). Pub. L. 96–365, § 201(a)(2), substituted “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice” for “Effective only with respect to the 1978, 1979, and 1980 crops of rice”.

    Enacted provision · exact public law section
    (2) in subparagraph (C), striking out “Effective only with respect to the 1978, 1979, and 1980 crops of rice,” and inserting in lieu thereof “Except as otherwise provided in subparagraph (D) of this paragraph, effective with respect to the 1978 through 1981 crops of rice,”; and

21. 1980

    Federal Crop Insurance Act of 1980

    Pub. L. 96–365 § 201(a)(3) · 94 Stat. 1312

    1. Added · 7 U.S.C. § 1441(h)(4)(D); 7 U.S.C. § 1441(h)(4)(E)

       Pub. L. 96–365, § 201(a)(3), added subpar. (D)

    2. Redesignated · 7 U.S.C. § 1441(h)(4)(D); 7 U.S.C. § 1441(h)(4)(E)

       Pub. L. 96–365, § 201(a)(3), redesignated former subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (h)(4)(D), (E). Pub. L. 96–365, § 201(a)(3), added subpar. (D) and redesignated former subpar. (D) as (E).

    Enacted provision · exact public law section
    (3) redesignating subparagraph (D) as subparagraph (E) and inserting immediately after subparagraph (C) a new subparagraph (D) as follows: “(D) With respect to the 1981 crop of rice, cooperators on a farm shall not be eligible for disaster payments under this paragraph if the cooperators elect to cover the rice acreage with crop insurance, part of the premium for which is paid by the Federal Crop Insurance Corporation under the provisions of Ante, p. 1315. 7 USC 1444. section 508(b)(3) or 508(e) of the Federal Crop Insurance Act.”.

22. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 § 508 · 95 Stat. 1213

    Substituted · 7 U.S.C. § 1441(f)

    Pub. L. 97–98, § 508, substituted provisions authorizing price support for extra long staple cotton for the 1982 crop and each subsequent crop through nonrecourse loans as provided in this subsection and prescribing the level of price support loans available to cooperators if producers have not, or have, disapproved marketing quotas for any crop of extra long staple cotton as specified percentages of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton, micronaire 3.5 through 4.9, of such crop at average location in the United States for provisions authorizing price support for extra long staple cotton to cooperators for the 1980 crop and each subsequent crop based on the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton and adjusted by the specified factors, provisions determining the computation of acreage allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-support payment factor, provisions authorizing the manner and mode of payments authorized under this section, and provisions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national marketing quota established pursuant to section 1347 of this title

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–98, § 508, substituted provisions authorizing price support for extra long staple cotton for the 1982 crop and each subsequent crop through nonrecourse loans as provided in this subsection and prescribing the level of price support loans available to cooperators if producers have not, or have, disapproved marketing quotas for any crop of extra long staple cotton as specified percentages of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton, micronaire 3.5 through 4.9, of such crop at average location in the United States for provisions authorizing price support for extra long staple cotton to cooperators for the 1980 crop and each subsequent crop based on the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton and adjusted by the specified factors, provisions determining the computation of acreage allotments of extra long staple cotton, provisions authorizing the Secretary to establish the price-support payment factor, provisions authorizing the manner and mode of payments authorized under this section, and provisions making operative subsec. (d)(3) of this section upon the disapproval by producers of the national marketing quota established pursuant to section 1347 of this title.

    Enacted provision · exact public law section
    Sec. 508. extra long staple cotton price support Effective beginning with the 1982 crop of extra long staple 7 USC 1441. cotton, section 101(f) of the Agricultural Act of 1949 is amended to read as follows: “(f) The provisions of this Act relating to price support for cotton shall apply severally to (1) American upland cotton and (2) extra long staple cotton described in subsection (a) and ginned as required by subsection (e) of section 347 of the Agricultural 7 USC 1347. Adjustment Act of 1938, as amended, except that, notwithstanding any other provision of this Act, price support shall be made available for the 1982 and each subsequent crop of extra long staple cotton through nonrecourse loans as provided in this subsection. If producers have not disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which is not less than 75 per centum or more than 125 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. If producers have disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which shall be 50 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. Nothing contained herein shall affect the authority of the Secretary to make price support available for extra long staple 7 USC 1422. cotton in accordance with section 402 of this Act.”.

23. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 § 602 · 95 Stat. 1213

    Added · 7 U.S.C. § 1441(i)

    Pub. L. 97–98, § 602, temporarily added subsec. (i). See Effective and Termination Dates of 1981 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 97–98, § 602, temporarily added subsec. (i). See Effective and Termination Dates of 1981 Amendment note below.

    Enacted provision · exact public law section
    Sec. 602. loan rates, target prices, disaster payments, rice acreage reduction program, and land diversion for the 1982 through 1985 crops of rice Effective only for the 1982 through 1985 crops of rice, 7 USC 1441. section 101 of the Agricultural Act of 1949 is amended by adding at the end thereof a new subsection as follows: “(i) Notwithstanding any other provision of law— “(1) The Secretary shall make available to producers in the several States of the United States loans and purchases for each of the 1982 through 1985 crops of rice at such level as bears the same ratio to the loan level for the preceding year’s crop as the established price for each such crop bears to the established price for the preceding year’s crop. If the Secretary determines that loans and purchases at the foregoing level for any of the 1982 through 1985 crops would substantially discourage the exportation of rice and result in excessive stocks of rice in the United States, the Secretary may, notwithstanding the foregoing provisions of this paragraph, establish loans and purchases for any such crop at such level, not less than $8 per hundredweight, as the Secretary determines necessary to avoid such consequences: Provided, That the loan and purchase level for the succeeding crop shall be established on the basis of the loan and purchase level established for the preceding crop year before the application of this sentence. The loan and purchase level and the established price for each of the 1982 through 1985 crops of rice shall be announced not later than March 1 of each calendar year for the crop harvested in that calendar year. “(2) (A) In addition, the Secretary shall make available to producers payments for each of the 1982 through 1985 crops of rice grown in the several States of the United States in an amount computed as provided in this paragraph. Payments for each such crop of rice shall be computed by multiplying (i) the payment rate, by (ii) the farm program acreage for the crop, by (iii) the yield established for the farm. In no event shall payments be made under this paragraph for any crop on a greater acreage than the acreage actually planted to rice. “(B) The payment rate for rice shall be the amount by which the established price for the crop of rice exceeds the higher of— “(i) the national average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or “(ii) the loan level determined under paragraph (1) for such crop. “(C) The established price for rice shall be not less than $10.85 per hundredweight for the 1982 crop, $11.40 per hundredweight for the 1983 crop, $11.90 per hundredweight for the 1984 crop, and $12.40 per hundredweight for the 1985 crop. Any such established price may be adjusted by the Secretary as the Secretary determines to be appropriate to reflect any change in (i) the average adjusted cost of production per acre for the two crop years immediately preceding the year for which the determination is made from (ii) the average adjusted cost of production per acre for the two crop years immediately preceding the year previous to the one for which the determination is made. The adjusted cost of production for each of such years may be determined by the Secretary on the basis of such information as the Secretary finds necessary and appropriate for the purpose and may include variable costs, machinery ownership costs, and general farm overhead costs, allocated to the crops involved on the basis of the proportion of the value of the total production derived from each crop. “(D) The yield established for the farm for any year shall be determined on the basis of the actual yields per harvested acre for the three preceding years. The actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, other natural disaster, or other condition beyond the control of the producers. If no rice was produced on the farm during such period, the yield shall be determined taking into consideration the yield of comparable farms in the surrounding area and such other factors as the Secretary determines will produce a fair and equitable yield. “(E) The total quantity on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (3) of this subsection. “(3) (A) Except as provided in subparagraph (C) of this paragraph, if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for rice to rice or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers on the number of acres so affected but not to exceed the acreage planted to rice for harvest (including any acreage which the producers were prevented from planting to rice or other nonconserving crop in lieu of rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year, multiplied by 75 per centum of the yield established for the farm times a payment rate equal to 33⅓ per centum of the established price for the crop. “(B) Except as provided in subparagraph (C) of this paragraph, if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of rice which the producers are able to harvest on any farm is less than the result of multiplying 75 per centum of the yield established for the farm for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to producers at a rate equal to 33⅓ per centum of the established price for the crop for the deficiency in production below 75 per centum for the crop. “(C) Producers on a farm shall not be eligible for disaster payments under this paragraph if crop insurance is available to 7 USC 1501. them under the Federal Crop Insurance Act with respect to their rice acreage. “(D) Notwithstanding the provisions of subparagraph (C) of this paragraph, the Secretary may make disaster payments to producers on a farm under this paragraph whenever the Secretary determines that— “(i) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, producers on a farm have suffered substantial losses of production either from being prevented from planting rice or other nonconserving crop or from reduced yields, and that such losses have created an economic emergency for the producers; “(ii) Federal crop insurance indemnity payments and other forms of assistance made available by the Federal Government to such producers for such losses are insufficient to alleviate such economic emergency, or no crop insurance covered the loss because of transitional problems attendant to the Federal crop insurance program; and “(iii) additional assistance must be made available to such producers to alleviate the economic emergency. The Secretary may make such adjustments in the amount of payments made available under this subparagraph with respect to individual farms so as to assure the equitable allotment of such payments among producers taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. “(4) (A) The Secretary shall proclaim a national program acreage for each of the 1982 through 1985 crops of rice. The proclamation shall be made not later than January 31 of each calendar year for the crop harvested in that calendar year. The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under subparagraph B) of this paragraph if the Secretary determines a revision necessary based upon the latest information, and the Secretary shall proclaim such revised national program acreage as soon as it is made. The national program acreage for rice shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm established yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary determines that carryover stocks of rice are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage by the amount the Secretary determines will accomplish the desired increase or decrease in carryover stocks. “(B) The Secretary shall determine a program allocation factor for each crop of rice. The allocation factor for rice shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. In no event may the allocation factor for any crop of rice be more than 100 per centum nor less than 80 per centum. “(C) The individual farm program acreage for each crop of rice shall be determined by multiplying the allocation factor by the acreage of rice planted for harvest on the farms for which individual farm program acreages are required to be determined. The farm program acreage shall not be further reduced by application of the allocation factor if the producers reduce the acreage of rice planted for harvest on the farm from the acreage base established for the farm under paragraph (5)(A) of this subsection by at least the percentage recommended by the Secretary in the proclamation of the national program acreage. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of rice planted for harvest is less than the acreage base established for the farm under paragraph (5)(A) of this subsection, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor for rice, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this paragraph. “(5) (A) Notwithstanding any other provision of this subsection, the Secretary may establish a limitation on the acreage planted to rice if the Secretary determines that the total supply of rice, in the absence of such limitation, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency. Any such limitation shall be announced by the Secretary not later than January 31 of the calendar year in which the crop for which the announcement is made is harvested. Such limitation shall be achieved by applying a uniform percentage reduction to the acreage base for each rice-producing farm. Producers who knowingly produce rice in excess of the permitted rice acreage for the farm shall be ineligible for rice loans, purchases, and payments with respect to that farm. The acreage base for any farm for the purpose of determining any reduction required to be made for any year as the result of a limitation under this subparagraph shall be the acreage planted on the farm to rice for harvest in the crop year immediately preceding the year for which the determination is made or, at the discretion of the Secretary, the average acreage planted to rice for harvest in the two crop years immediately preceding the year for which the determination is made. For the purpose of the preceding sentence, acreage planted to rice for harvest shall include any acreage which the producers were prevented from planting to rice or other nonconserving crop in lieu of rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers. The Secretary may make adjustments to reflect established crop-rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable base. A number of acres on the farm determined by dividing (i) the product obtained by multiplying the number of acres required to be withdrawn from the production of rice times the number of acres actually planted to rice, by (ii) the number of acres authorized to be planted to rice under the limitation established by the Secretary shall be devoted to conservation uses, in accordance with regulations issued by the Secretary, which will assure protection of such acreage from weeds and wind and water erosion. The number of acres so determined is hereafter in this subsection referred to as ‘reduced acreage’. The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the reduced acreage to be devoted to sweet sorghum, hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. If an acreage limitation program is announced under this paragraph for a crop of rice, paragraph (4) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraph with respect to such crop. The individual farm program acreage shall be the acreage planted on the farm to rice for harvest within the permitted rice acreage for the farm as established under this paragraph. “(B) The Secretary may make land diversion payments to producers of rice, whether or not an acreage limitation for rice is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of rice to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. The amounts payable to producers under land diversion contracts may be determined through the submission of bids for such contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. “(C) The reduced acreage and the additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentence. The Secretary may provide for an additional payment on such acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. “(D) An operator of a farm desiring to participate in the program conducted under this paragraph shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. The Secretary may, by mutual agreement with the producers on the farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. “(6) The Secretary shall provide for the sharing of payments made under this subsection for any farm among the producers on the farm on a fair and equitable basis. “(7) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. “(8) If the failure of a producer to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines to be equitable in relation to the seriousness of the failure. The Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act to waive or modify deadlines and other program 16 USC 590h. requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. “(9) The Secretary may issue such regulations as the Secretary determines necessary to carry out the provisions of this subsection. “(10) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(11) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall apply to payments under this subsection. “(12) Notwithstanding any other provision of law, compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans, purchases, or payments under this subsection.”.

24. 1982

    Pub. L. 97–253 § 125(1) · 96 Stat. 771

    1. Substituted · 7 U.S.C. § 1441(i)(5)(A)

       Pub. L. 97–253, § 125(1)–(3), substituted “Notwithstanding any other provision of law, except as provided in the third and fourth sentences of this paragraph, the” for “Notwithstanding any other provision of this subsection, the”, following second sentence

    2. Inserted · 7 U.S.C. § 1441(i)(5)(A)

       Pub. L. 97–253, § 125(1)–(3), inserted provision that for the 1983 crop of rice, the Secretary shall provide for a combination of (i) an acreage limitation program as described under this subparagraph and (ii) a diversion program as described under subpar. (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of 20 per centum, consisting of a reduction of 15 per centum under the acreage limitation program and a reduction of 5 per centum under the diversion program, and that as a condition of eligibility for loans, purchases, and payments on the 1983 crop of rice, the producers on a farm must comply with the terms and conditions of the combined acreage limitation and diversion program, and, following ninth sentence

    3. Inserted · 7 U.S.C. § 1441(i)(5)(A)

       Pub. L. 97–253, § 125(1)–(3), inserted provision that notwithstanding the other provisions of this subparagraph, the acreage base to be used for the farm under the program for the 1983 crop of rice shall be the same as the acreage base applicable to the farm under the acreage limitation program for the 1982 crop, adjusted to reflect established crop-rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable base

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i)(5)(A). Pub. L. 97–253, § 125(1)–(3), substituted “Notwithstanding any other provision of law, except as provided in the third and fourth sentences of this paragraph, the” for “Notwithstanding any other provision of this subsection, the”, following second sentence, inserted provision that for the 1983 crop of rice, the Secretary shall provide for a combination of (i) an acreage limitation program as described under this subparagraph and (ii) a diversion program as described under subpar. (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of 20 per centum, consisting of a reduction of 15 per centum under the acreage limitation program and a reduction of 5 per centum under the diversion program, and that as a condition of eligibility for loans, purchases, and payments on the 1983 crop of rice, the producers on a farm must comply with the terms and conditions of the combined acreage limitation and diversion program, and, following ninth sentence, inserted provision that notwithstanding the other provisions of this subparagraph, the acreage base to be used for the farm under the program for the 1983 crop of rice shall be the same as the acreage base applicable to the farm under the acreage limitation program for the 1982 crop, adjusted to reflect established crop-rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable base.

25. 1982

    Pub. L. 97–253 § 125(4) · 96 Stat. 771

    Inserted · 7 U.S.C. § 1441(i)(5)(B)

    Pub. L. 97–253, § 125(4), inserted provision requiring the Secretary to implement a land diversion program for the 1983 crop of rice under which the Secretary shall make crop retirement and conservation payments to producers making a reduction additional to that required under subpar. (A) and devoting an equivalent acreage of cropland to conservation purposes, and provisions for the computation of payments, and establishment of payment rates by the Secretary, as well as payment by the Secretary of not less than 50 per centum of any payments under this subparagraph to 1983 crop producers as soon as practicable after any such producer enters into a land diversion contract with the Secretary and in advance of any determination of performance, but in no case prior to Oct. 1, 1982, and repayment of advances, with interest, in the event of noncompliance by such producer with such contract

    Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i)(5)(B). Pub. L. 97–253, § 125(4), inserted provision requiring the Secretary to implement a land diversion program for the 1983 crop of rice under which the Secretary shall make crop retirement and conservation payments to producers making a reduction additional to that required under subpar. (A) and devoting an equivalent acreage of cropland to conservation purposes, and provisions for the computation of payments, and establishment of payment rates by the Secretary, as well as payment by the Secretary of not less than 50 per centum of any payments under this subparagraph to 1983 crop producers as soon as practicable after any such producer enters into a land diversion contract with the Secretary and in advance of any determination of performance, but in no case prior to Oct. 1, 1982, and repayment of advances, with interest, in the event of noncompliance by such producer with such contract.

26. 1983

    Extra Long Staple Cotton Act of 1983

    Pub. L. 98–88 § 2 · 97 Stat. 494

    Struck · 7 U.S.C. § 1441(f)

    Pub. L. 98–88 struck out subsec. (f) which read as follows: “The provisions of this Act relating to price support for cotton shall apply severally to (1) American upland cotton and (2) extra long staple cotton described in subsection (a) of this section and ginned as required by subsection (e) of section 1347 of this title, except that, notwithstanding any other provision of this Act, price support shall be made available for the 1982 and each subsequent crop of extra long staple cotton through nonrecourse loans as provided in this subsection. If producers have not disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which is not less than 75 per centum or more than 125 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. If producers have disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which shall be 50 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. Nothing contained herein shall affect the authority of the Secretary to make price support available for extra long staple cotton in accordance with section 1422 of this title.” See section 1444(h) of this title

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–88 struck out subsec. (f) which read as follows: “The provisions of this Act relating to price support for cotton shall apply severally to (1) American upland cotton and (2) extra long staple cotton described in subsection (a) of this section and ginned as required by subsection (e) of section 1347 of this title, except that, notwithstanding any other provision of this Act, price support shall be made available for the 1982 and each subsequent crop of extra long staple cotton through nonrecourse loans as provided in this subsection. If producers have not disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which is not less than 75 per centum or more than 125 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. If producers have disapproved marketing quotas for any crop of extra long staple cotton, price support loans shall be made available to cooperators for such crop at a level which shall be 50 per centum in excess of the loan level established for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of such crop at average location in the United States. Nothing contained herein shall affect the authority of the Secretary to make price support available for extra long staple cotton in accordance with section 1422 of this title.” See section 1444(h) of this title.

    Enacted provision · exact public law section
    Sec. 2. Section 347 of the Agricultural Adjustment Act of 1938, as amended, and section 101(f) of the Agricultural Act of 1949, as amended, are repealed effective beginning with the 1984 crop of extra long staple cotton.

27. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 401 · 98 Stat. 130

    Substituted · 7 U.S.C. § 1441(i)(2)(C)

    Pub. L. 98–258, § 401, substituted “and $11.90 per hundredweight for the 1984 and 1985 crops” for “$11.90 per hundredweight for the 1984 crop, and $12.40 per hundredweight for the 1985 crop”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(C). Pub. L. 98–258, § 401, substituted “and $11.90 per hundredweight for the 1984 and 1985 crops” for “$11.90 per hundredweight for the 1984 crop, and $12.40 per hundredweight for the 1985 crop”.

    Enacted provision · exact public law section
    Sec. 401. target prices Section 101(i)(2)(C) of the Agricultural Act of 1949 (7 U.S.C. 1441(i)(2)(C)) is amended by striking out “$11.90 per hundredweight for the 1984 crop, and $12.40 per hundredweight for the 1985 crop” and inserting in lieu thereof “and $11.90 per hundredweight for the 1984 and 1985 crops”.

28. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(1) · 98 Stat. 130

    Substituted · 7 U.S.C. § 1441(i)(5)(A)

    Pub. L. 98–258, § 402(1), substituted “third, fourth, and fifth” for “third and fourth” after “Notwithstanding any other provision of law, except as provided in the”

    Source evidence

    Code amendment note
    Subsec. (i)(5)(A). Pub. L. 98–258, § 402(1), substituted “third, fourth, and fifth” for “third and fourth” after “Notwithstanding any other provision of law, except as provided in the”.

    Enacted provision · exact public law section
    (1) striking out in the first sentence of subparagraph (A) “third and fourth” and inserting in lieu thereof “third, fourth, and fifth”;

29. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(2) · 98 Stat. 130

    Inserted · 7 U.S.C. § 1441(i)(5)(A)

    Pub. L. 98–258, § 402(2), inserted sentence providing: “For the 1985 crop of rice, if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed twenty-five million hundredweight, the Secretary shall provide for a combination of an acreage limitation program as described under this subparagraph and a land diversion program as described under subparagraph (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of not less than 25 per centum, consisting of a reduction of 20 per centum under the acreage limitation program and a reduction under the land diversion program equal to the difference between the total reduction for the farm and the 20 per centum reduction under the acreage limitation program.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 402(2), inserted sentence providing: “For the 1985 crop of rice, if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed twenty-five million hundredweight, the Secretary shall provide for a combination of an acreage limitation program as described under this subparagraph and a land diversion program as described under subparagraph (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of not less than 25 per centum, consisting of a reduction of 20 per centum under the acreage limitation program and a reduction under the land diversion program equal to the difference between the total reduction for the farm and the 20 per centum reduction under the acreage limitation program.”

    Enacted provision · exact public law section
    (2) inserting immediately after the third sentence of subparagraph (A) the following new sentence: “For the 1985 crop of rice, if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed twenty-five million hundredweight, the Secretary shall provide for a combination of an acreage limitation program as described under this subparagraph and a land diversion program as described under subparagraph (B) under which the acreage planted to rice for harvest on the farm would be limited to the acreage base for the farm reduced by a total of not less than 25 per centum, consisting of a reduction of 20 per centum under the acreage limitation program and a reduction under the land diversion program equal to the difference between the total reduction for the farm and the 20 per centum reduction under the acreage limitation program.”;

30. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(3) · 98 Stat. 130

    Substituted · 7 U.S.C. § 1441(i)(5)(A)

    Pub. L. 98–258, § 402(3), substituted “1983 and 1985 crops of rice” for “1983 crop of rice” after “As a condition of eligibility for loans, purchases, and payments on the”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 402(3), substituted “1983 and 1985 crops of rice” for “1983 crop of rice” after “As a condition of eligibility for loans, purchases, and payments on the”.

    Enacted provision · exact public law section
    (3) striking out “1983 crop” in the fifth sentence of subparagraph (A) (as redesignated under paragraph (2) of this section) and inserting in lieu thereof “1983 and 1985 crops”;

31. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(4) · 98 Stat. 130

    Inserted · 7 U.S.C. § 1441(i)(5)(B)

    Pub. L. 98–258, § 402(4), inserted sentence providing that if the Secretary implements a land diversion program for the 1985 crop of rice under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of rice whose acreage planted to rice for harvest on the farm is reduced so that it does not exceed the rice acreage base for the farm less an amount equivalent to the percentage of the acreage base specified by the Secretary, but not less than 5 per centum, in addition to the reduction required under the acreage limitation program under subparagraph (A), and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the rice acreage base under this subparagraph

    Source evidence

    Code amendment note
    Subsec. (i)(5)(B). Pub. L. 98–258, § 402(4), inserted sentence providing that if the Secretary implements a land diversion program for the 1985 crop of rice under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of rice whose acreage planted to rice for harvest on the farm is reduced so that it does not exceed the rice acreage base for the farm less an amount equivalent to the percentage of the acreage base specified by the Secretary, but not less than 5 per centum, in addition to the reduction required under the acreage limitation program under subparagraph (A), and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the rice acreage base under this subparagraph.

    Enacted provision · exact public law section
    (4) inserting immediately after the sixth sentence of subparagraph Conservation. (B) the following new sentence: “Notwithstanding the foregoing provisions of this subparagraph, if the Secretary implements a land diversion program for the 1985 crop of rice under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of rice whose acreage planted to rice for harvest on the farm is reduced so that it does not exceed the rice acreage base for the farm less an amount equivalent to the percentage of the acreage base specified by the Secretary, but not less than 5 per centum, in addition to the reduction required under the acreage limitation program under subparagraph (A), and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the rice acreage base under this subparagraph.”;

32. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(5) · 98 Stat. 130

    Substituted · 7 U.S.C. § 1441(i)(5)(B)

    Pub. L. 98–258, § 402(5), substituted “Diversion payments made to producers under this subparagraph shall be made in an amount computed by multiplying” for “Such payments shall be made in an amount computed by multiplying”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 402(5), substituted “Diversion payments made to producers under this subparagraph shall be made in an amount computed by multiplying” for “Such payments shall be made in an amount computed by multiplying”.

    Enacted provision · exact public law section
    (5) striking out “Such payments” in the eighth sentence of subparagraph (B) (as redesignated under paragraph (4) of this section) and inserting in lieu thereof “Diversion payments made to producers under this subparagraph”;

33. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(6) · 98 Stat. 130

    1. Substituted · 7 U.S.C. § 1441(i)(5)(B)

       Pub. L. 98–258, § 402(6), substituted “$3.00 per hundredweight for the 1983 crop of rice, except that the rate may be reduced up to 10 per centum if the Secretary determines that the same program objective could be achieved with the lower rate, and at not less than $2.70 per hundredweight for the 1985 crop of rice” for “$3.00 per hundredweight, except that the rate may be reduced up to 10 per centum if the Secretary determines that the same program objective could be achieved with the lower rate” after “The diversion payment rate shall be established by the Secretary at not less than”

    2. Inserted · 7 U.S.C. § 1441(i)(5)(B)

       Pub. L. 98–258, § 402(6), inserted a proviso that if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed (I) thirty-five million hundredweight, such rate shall be established by the Secretary at not less than $3.25 per hundredweight, and (II) forty-two million five hundred thousand hundredweight, such rate shall be established by the Secretary at not less than $3.50 per hundredweight

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 402(6), substituted “$3.00 per hundredweight for the 1983 crop of rice, except that the rate may be reduced up to 10 per centum if the Secretary determines that the same program objective could be achieved with the lower rate, and at not less than $2.70 per hundredweight for the 1985 crop of rice” for “$3.00 per hundredweight, except that the rate may be reduced up to 10 per centum if the Secretary determines that the same program objective could be achieved with the lower rate” after “The diversion payment rate shall be established by the Secretary at not less than” and inserted a proviso that if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed (I) thirty-five million hundredweight, such rate shall be established by the Secretary at not less than $3.25 per hundredweight, and (II) forty-two million five hundred thousand hundredweight, such rate shall be established by the Secretary at not less than $3.50 per hundredweight.

    Enacted provision · exact public law section
    (6) in the ninth sentence of subparagraph (B) (as redesignated under paragraph (4) of this section)— (A) striking out “$3.00 per hundredweight,” and inserting in lieu thereof “$3.00 per hundredweight for the 1983 crop of rice,”; and (B) inserting immediately before the period at the end thereof “, and at not less than $2.70 per hundredweight for the 1985 crop of rice: Provided, That if the Secretary estimates that the quantity of rice on hand in the United States on July 31, 1985 (not including any quantity of rice produced in the United States during calendar year 1985), will exceed (I) thirty-five million hundredweight, such rate shall be established by the Secretary at not less than $3.25 per hundredweight, and (II) forty-two million five hundred thousand hundredweight, such rate shall be established by the Secretary at not less than $3.50 per hundredweight”; and

34. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 402(7) · 98 Stat. 130

    Substituted · 7 U.S.C. § 1441(i)(5)(B)

    Pub. L. 98–258, § 402(7), substituted “1983 and 1985 crops” for “1983 crop” after “The Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 402(7), substituted “1983 and 1985 crops” for “1983 crop” after “The Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the”.

    Enacted provision · exact public law section
    (7) striking out “1983 crop” in the tenth sentence of subparagraph (B) (as redesignated under paragraph (4) of this section) and inserting in lieu thereof “1983 and 1985 crops”.

35. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title VI § 602 · 99 Stat. 1354

    1. Redesignated · 7 U.S.C. § 1441(i)(1)

       Pub. L. 99–198 temporarily redesignated existing provisions as subpar. (A)

    2. Added · 7 U.S.C. § 1441(i)(1)

       Pub. L. 99–198 temporarily added subpars. (B) to (D). See Effective and Termination Dates of 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 99–198 temporarily redesignated existing provisions as subpar. (A) and added subpars. (B) to (D). See Effective and Termination Dates of 1985 Amendment note below.

    Enacted provision · exact public law section
    Sec. 602. marketing loan for the 1985 crop of rice Effective for the 1985 crop of rice, section lOl(i)(1) of the Agricultural Act of 1949 (7 U.S.C. 1441(i)(1)) is amended— (1) by inserting “(A)” after the paragraph designation; and (2) by adding at the end thereof the following new subparagraphs: “(B) (i) Beginning April 15, 1986, the Secretary shall permit an eligible producer to repay a loan made under subparagraph (A) with respect to the 1985 crop at a level that is the lesser of— “(I) the loan level determined for such crop; or “(II) the prevailing world market price for rice, as determined by the Secretary. “(ii) The Secretary shall prescribe by regulation— “(I) a formula to define the prevailing world market price for rice; and “(II) a mechanism by which the Secretary shall announce periodically the prevailing world market price for rice. “(iii) To be eligible to repay a loan in accordance with clause (i), a producer must have a loan made under subparagraph (A) outstanding on April 15, 1986. “(iv) A loan made under this subsection shall have a term of not more than 9 months beginning after the month in which the application for the loan is made. The Secretary may extend the maturity date of loans made for the 1985 crop of rice as necessary to permit the orderly marketing of such rice. “(v) As a condition to permitting a producer to repay a loan as provided in this subparagraph, the Secretary may require a producer to purchase negotiable marketing certificates equal in value to an amount that does not exceed the difference, as determined by the Secretary, between the amount of the loan obtained by the producer and the amount of the loan repayment. Such certificates shall be negotiable. “(vi) Such certificates shall be redeemable for rice owned by the Commodity Credit Corporation valued at the prevailing market price, as determined by the Secretary. If such rice is not available in the State in which the rice pledged as collateral for the loan was produced or at such other location outside of such State as may be approved by the owner of such certificate, such certificate shall be redeemable in cash. “(vii) The Commodity Credit Corporation, under regulations prescribed by the Secretary, shall assist any person receiving marketing certificates under this subparagraph in the redemption or marketing of such certificates. Insofar as practicable, the Secretary shall permit an owner of a certificate to designate the storage facility at which such owner would prefer to receive rice in ex change for such certificate. “(viii) If any such certificate is not presented for redemption or marketing within a reasonable number of days after issuance, as determined by the Secretary, reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. “(C) (i) Beginning April 15, 1986, the Secretary shall, for the 1985 crop of rice, make payments available to— “(I) producers who have produced rice, and although eligible to obtain a loan or purchase agreement under this subsection did not obtain such loan or agreement, and have not sold or delivered such rice under a sales contract; and “(II) producers who have produced rice that is not eligible to Contracts. be placed under loan and have not sold or delivered such rice under a sales contract. “(ii) A payment under this subparagraph shall be computed by multiplying— “(I) the loan payment rate; by “(II) the quantity of rice the producer has not sold or delivered Contracts. under a sales contract. “(iii) For purposes of this subparagraph, the loan payment rate shall be the amount by which— “(I) the loan level determined for the 1985 crop; exceeds “(II) the level at which a loan may be repaid under subparagraph (B). “(iv) The Secretary may make all or part of a payment under this subparagraph in the form of negotiable marketing certificates, subject to the terms and conditions provided in subparagraph (B). “(D) The payment limitation provided in section 1101 of the Prohibition. Agriculture and Food Act of 1981 (7 U.S.C. 1308) shall not apply to— “(i) any gain realized by a producer from repaying a loan for the 1985 crop of rice at the rate permitted under subparagraph (B); or “(ii) any payment received for a crop of rice under subparagraph (C).”.

36. 1996

    Agricultural Market Transition Act

    Pub. L. 104–127 title I § 171(b)(3) · 110 Stat. 888

    Added · 7 U.S.C. § 1441(e)

    Pub. L. 104–127 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–127 added subsec. (e).

    Enacted provision · exact public law section
    (3) Potential price support for rice.— Section 101 of the Agricultural Act of 1949 (7 U.S.C. 1441), as suspended by paragraph (1), is amended by adding after subsection (d) the following: “(e) Rice.— The Secretary shall make available to producers of each crop of rice on a farm price support at a level that is not less than 50 percent, or more than 90 percent of the parity price for rice as the Secretary determines will not result in increasing stocks of rice to the Commodity Credit Corporation.”.

37. 2002

    Pub. L. 107–171 title I § 1310(a)(2)(A) · 116 Stat. 134

    Struck · 7 U.S.C. § 1441(b)

    Pub. L. 107–171 struck out “and peanuts” after “cotton”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–171 struck out “and peanuts” after “cotton”.

    Enacted provision · exact public law section
    (A) in section 101(b) (7 U.S.C. 1441(b)), by striking “and peanuts”; and

38. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(1) · 118 Stat. 1418

    Substituted · 7 U.S.C. § 1441(a)

    Pub. L. 108–357, § 612(b)(1), substituted “corn” for “tobacco (except as otherwise provided herein), corn,” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–357, § 612(b)(1), substituted “corn” for “tobacco (except as otherwise provided herein), corn,” in first sentence.

    Enacted provision · exact public law section
    (1) in the first sentence of subsection (a), by striking “tobacco (except as otherwise provided herein), corn,” and inserting “corn”;

    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.

39. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(2) · 118 Stat. 1418

    1. Redesignated · 7 U.S.C. § 1441(c)

       Pub. L. 108–357, § 612(b)(2), (4), redesignated subsec. (d) as (c)

    2. Struck · 7 U.S.C. § 1441(c)

       Pub. L. 108–357, § 612(b)(2), (4), struck out former subsec. (c), which related to level of support for tobacco if marketing quotas are in effect

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–357, § 612(b)(2), (4), redesignated subsec. (d) as (c) and struck out former subsec. (c), which related to level of support for tobacco if marketing quotas are in effect.

    Enacted provision · exact public law section
    (2) by striking subsections (c), (g), (h), and (i);

    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.

40. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(4) · 118 Stat. 1418

    Redesignated · 7 U.S.C. § 1441(d)

    Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

    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.

41. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(3) · 118 Stat. 1418

    Struck · 7 U.S.C. § 1441(d)(3)

    Pub. L. 108–357, § 612(b)(3), struck out “, except tobacco,” after “agricultural commodity” and “and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers;” at end

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 108–357, § 612(b)(3), struck out “, except tobacco,” after “agricultural commodity” and “and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers;” at end.

    Enacted provision · exact public law section
    (3) in subsection (d)(3)— (A) by striking “, except tobacco,”; and (B) by striking “and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers;”; and

    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.

42. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(4) · 118 Stat. 1418

    Redesignated · 7 U.S.C. § 1441(e)

    Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–357, § 612(b)(4), redesignated subsec. (e) as (d).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

    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.

43. 2004

    Fair and Equitable Tobacco Reform Act of 2004

    Pub. L. 108–357 § 612(b)(2) · 118 Stat. 1418

    Repealed · 7 U.S.C. § 1441(g)(i)

    Pub. L. 108–357, § 612(b)(2), directed the repeal of subsecs. (g) to (i), which related to temporary programs for 1976 and 1977 crops of rice, 1978 through 1981 crops of rice, and 1982 through 1985 crops of rice, respectively. See 1976, 1977, and 1981 Amendment notes below

    Source evidence

    Code amendment note
    Subsecs. (g) to (i). Pub. L. 108–357, § 612(b)(2), directed the repeal of subsecs. (g) to (i), which related to temporary programs for 1976 and 1977 crops of rice, 1978 through 1981 crops of rice, and 1982 through 1985 crops of rice, respectively. See 1976, 1977, and 1981 Amendment notes below.

    Enacted provision · exact public law section
    (2) by striking subsections (c), (g), (h), and (i);

    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.

37 of 53 references resolved to an enrolled provision · 7 partial · 9 unresolved