§ 1444. Cotton price support levels

Footnotes

1. 1 See References in Text note below.
2. 2 So in original.
3. 3 See References in Text note below.

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 1958

   Pub. L. 85–835 title I § 102 · 72 Stat. 988

   Enacted · 7 U.S.C. § 1444

   Oct. 31, 1949, ch. 792, title I, § 103, as added Pub. L. 85–835, title I, § 102, Aug. 28, 1958, 72 Stat. 989

   Source evidence

   Code source credit
   Oct. 31, 1949, ch. 792, title I, § 103, as added Pub. L. 85–835, title I, § 102, Aug. 28, 1958, 72 Stat. 989

   Enacted provision · exact public law section
   Sec. 102. price support for 1001 and subsequent years (a) The Agricultural Act of 1949, as amended, 7 USC 1421 note. is amended by adding a new section 103 as follows: “Sec. 103. Notwithstanding the provisions of section 101 of this Act, price support to cooperators for each crop of upland cotton, beginning with the 1961 crop, for which producers have not disapproved marketing quotas shall be at such level not more than 90 per centum of the parity price therefor nor less than the minimum level prescribed below as the Secretary determines appropriate after consideration of the factors specified in section 401 (b) of this Act. For the 1961 crop the minimum level shall be 70 per centum of the parity price therefor, and for each subsequent crop the minimum level shall be 65 per centum of the parity price therefor. Price support in the case of noncooperators and in case marketing quotas are disapproved shall be as provided in section 101 (d) (3) and (5).”

2. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 § 103(b)(1) · 78 Stat. 173

   Amended · 7 U.S.C. § 1444(a)

   Pub. L. 88–297, § 103(b)(1), (2), designated existing provisions as subsec. (a) and provided that the price support for the 1964 cotton crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–297, § 103(b)(1), (2), designated existing provisions as subsec. (a) and provided that the price support for the 1964 cotton crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton.

   Enacted provision · exact public law section
   (b) Section 103 of the Agricultural Act of 1949, as amended, is amended (1) by inserting “(a)” before the first sentence thereof; (2) by changing the period at the end of the second sentence thereof to a colon and adding the following: “Provided, That the price support for the 1964 crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton.”; and (3) by adding at the end of such section the following new subsections: “(b) If producers have not disapproved marketing quotas, the Secretary shall provide additional price support on the 1964 and 1965 crops of upland cotton to cooperators on whose farms the acreage planted to upland cotton for harvest does not exceed the farm domestic allotment established under section 350 of the Agricultural Adjustment Post, p. 175. Act of 1938, as amended. Such additional support shall be at a level up to 15 per centum in excess of the basic level of support established under subsection (a) and shall be provided on the normal yield of the acreage planted for harvest within the farm domestic allotment. “(c) In order to keep upland cotton to the maximum extent practicable in the normal channels of trade, any additional price support under subsection (b) of this section may be carried out through the simultaneous purchase of cotton at the support price therefor under subsection (b) and the sale of such cotton at the support, price therefor under subsection (a) or similar operations, including loans under which the cotton would be redeemable by payment of the amount for which the cotton would be redeemable if the loan thereon had been made at. the support price for such cotton under subsection (a), or payments-in-kind through the issuance of certificates which the Commodity Credit Corporation shall redeem for cotton under regulations issued by the Secretary. If such additional support is provided through the issuance of payment-in-kind certificates, such certificates shall have a value per pound of cotton equal to the difference between the level of support, established under subsection (a) and the level of support established under subsection (b). The corporation may, under regulations prescribed by the Secretary, assist the producers and persons receiving payment-in-kind certificates under this section and section 348 of the Agricultural Adjustment Act of 1938, as Ante, p. 173. amended, in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the program authorized by this section and such section 348. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges as determined by the Secretary for the period begin-ning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate.”

3. 1964

   Agricultural Act of 1964

   Pub. L. 88–297 § 103(b)(3) · 78 Stat. 173

   Added · 7 U.S.C. § 1444(b); 7 U.S.C. § 1444(c)

   Pub. L. 88–297, § 103(b)(3), added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 88–297, § 103(b)(3), added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (b) Section 103 of the Agricultural Act of 1949, as amended, is amended (1) by inserting “(a)” before the first sentence thereof; (2) by changing the period at the end of the second sentence thereof to a colon and adding the following: “Provided, That the price support for the 1964 crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton.”; and (3) by adding at the end of such section the following new subsections: “(b) If producers have not disapproved marketing quotas, the Secretary shall provide additional price support on the 1964 and 1965 crops of upland cotton to cooperators on whose farms the acreage planted to upland cotton for harvest does not exceed the farm domestic allotment established under section 350 of the Agricultural Adjustment Post, p. 175. Act of 1938, as amended. Such additional support shall be at a level up to 15 per centum in excess of the basic level of support established under subsection (a) and shall be provided on the normal yield of the acreage planted for harvest within the farm domestic allotment. “(c) In order to keep upland cotton to the maximum extent practicable in the normal channels of trade, any additional price support under subsection (b) of this section may be carried out through the simultaneous purchase of cotton at the support price therefor under subsection (b) and the sale of such cotton at the support, price therefor under subsection (a) or similar operations, including loans under which the cotton would be redeemable by payment of the amount for which the cotton would be redeemable if the loan thereon had been made at. the support price for such cotton under subsection (a), or payments-in-kind through the issuance of certificates which the Commodity Credit Corporation shall redeem for cotton under regulations issued by the Secretary. If such additional support is provided through the issuance of payment-in-kind certificates, such certificates shall have a value per pound of cotton equal to the difference between the level of support, established under subsection (a) and the level of support established under subsection (b). The corporation may, under regulations prescribed by the Secretary, assist the producers and persons receiving payment-in-kind certificates under this section and section 348 of the Agricultural Adjustment Act of 1938, as Ante, p. 173. amended, in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the program authorized by this section and such section 348. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges as determined by the Secretary for the period begin-ning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate.”

4. 1965

   Pub. L. 89–112 § 2 · 79 Stat. 446

   Changed · 7 U.S.C. § 1444(b)

   Pub. L. 89–112 provided that the Secretary shall deem an acreage on a farm which he finds was not planted to cotton in 1965 because of flood, drought, or other natural disaster to be an actual acreage of cotton planted on the farm for harvest when that acreage was not subsequently devoted to any price support crop in 1965

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–112 provided that the Secretary shall deem an acreage on a farm which he finds was not planted to cotton in 1965 because of flood, drought, or other natural disaster to be an actual acreage of cotton planted on the farm for harvest when that acreage was not subsequently devoted to any price support crop in 1965.

   Enacted provision · exact public law section
   Sec. 2. Section 103(b) of the Agricultural Act of 1949, as amended, 78 Stat. 174. 7 USC 1444. is amended by adding at the end thereof the following: “For purposes of this subsection, an acreage on the farm which the Secretary finds was not planted to cotton in 1965 because of flood, drought, or other natural disaster shall be deemed by the Secretary to be an actual acreage of cotton planted on the farm for harvest, provided such acreage is not subsequently devoted to any price supported crop for 1965”.

5. 1965

   Food and Agriculture Act of 1965

   Pub. L. 89–321 title IV § 402(a) · 79 Stat. 1187

   Added · 7 U.S.C. § 1444(d)

   Pub. L. 89–321 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–321 added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 103 of the Agricultural Act of 1949, as 72 Stat. 989; 78 Stat. 174. 7 USC 1444. amended, is amended by adding the following new subsection at the end thereof: “(d) (1) Notwithstanding any other provision of this Act, if producers have not disapproved marketing quotas, price support and diversion payments shall be made available for the 1966, 1967, 1968, and 1969 crops of upland cotton as provided in this subsection. “(2) Price support for each such crop of upland cotton shall be made available to cooperators through loans at such level, not exceeding a level which will reflect for Middling one-inch upland cotton at average location in the United States 90 per centum of the estimated average world market price for Middling one-inch upland cotton for the marketing year for such crop, as the Secretary determines will provide orderly marketing of cotton during the harvest, season and will retain an adequate share of the world market for cotton produced in the United States taking into consideration the factors specified in 63 Stat. 1054. 7 USC 1421. section 401(b) of this Act: Provided, That the national average loan rate for the 1966 crop shall reflect 21 cents per pound for Middling one-inch upland cotton. “(3) The Secretary also shall provide additional price support for each such crop through payments in cash or in kind to cooperators at a rate not less than 9 cents per pound: Provided, That the rate shall be such that the amount obtained by— (i) multiplying the rate by the farm domestic acreage allotment percentage, and (ii) dividing the product thus obtained by the cooperator percentage Post, p. 1197. established under section 408(b), and (iii) adding the result thus obtained to the national average loan rate shall not be less than 65 per centum or more than 90 per centum of the parity price for cotton as of the month in which the payment rate provided for by this paragraph is announced. Such payments shall be made on the quantity of cotton determined by multiplying the projected farm yield by the acreage planted to cotton within the farm domestic acreage allotment: Provided, That any such farm planting not less than 90 per centum of such domestic acreage allotment shall be deemed to have planted the entire amount of such allotment. An acreage on a farm in any such year which the Secretary finds was not planted to cotton because of drought, flood, or other natural disaster shall be. deemed to be planted to cotton for purposes of payments under this subsection if such acreage is not subsequently devoted to any other income-producing crop in such year. “(4) The Secretary shall make diversion payments in cash or in kind in addition to the price support payments authorized in paragraph (3) to cooperators who reduce their cotton acreage by diverting a portion of their cotton acreage allotment from the production of cotton to approved conservation practices to the extent prescribed by the Secretary: Provided, That no reduction below the domestic acreage allotments established under section 350 of the Agricultural Adjustment Act of 1938, as amended, shall be prescribed: Provided further, That Ante, p. 1193. payment under this paragraph shall be made available for diverting to conserving uses that part of the acreage allotment which must be diverted from cotton in order that the producer may qualify as a cooperator. The rate of payment for acreage required to be diverted in order to qualify as a cooperator shall not be less than 25 per centum of the parity price for upland cotton as of the month in which such rate is announced. The rate of payment for additional acreage diverted shall be such rate as the Secretary determines to be fair and reasonable, but shall not exceed 40 per centum of such parity price. Payment at each applicable rate shall be made on the quantity of cotton determined by multiplying the acreage diverted from the production of cotton at such rate by the projected farm yield. In addition to the foregoing payment, if any, payment at the rate applicable for acreage required to be diverted to qualify as a cooperator shall be made to producers on small farms as defined in section 408(b) who do not exceed their Post, p. 1197. farm acreage allotments on a quantity of cotton determined by multiplying an acreage equal to 35 per centum of such farm acreage allotment by the projected farm yield. “(5) The Secretary may make not to exceed 50 per centum of the payments under this subsection to producers in advance of determination of performance and the balance of such payments shall be made at such time as the Secretary may prescribe. “(6) Where the farm operator elects to participate in the diversion program authorized in this subsection and no acreage is planted to cotton on the farm, diversion payments shall be made at the rate established under paragraph (4) for acreage required to be diverted to qualify as a cooperator on the quantity of cotton determined by multiplying that part of the farm acreage allotment required to be diverted to qualify as a cooperator by the projected farm yield, and the remainder of such allotment may be released under the provisions of section 344 (m) (2) of the Agricultural Adjustment Act of 1938, as amended. The acreage on which payment is made under this paragraph 73 Stat. 394. 7 USC 1344. shall be regarded as planted to cotton for purposes of establishing future State, county, and farm acreage allotments, and farm bases. “(7) Payments in kind under this subsection shall be. made through the issuance of certificates which the Commodity Credit Corporation shall redeem for cotton under regulations issued by the Secretary at a value per pound equal to not less than the current loan rate therefor. The Corporation may, under regulations prescribed by the Secretary, assist the producers in the marketing of such certificates at such times and in such manner as the Secretary determines will best effectuate the purposes of the program authorized by this subsection. “(8) Payments under this subsection shall be conditioned on the farm having an acreage, of approved conservation uses equal to the sum of (i) the reduction in cotton acreage required to qualify for such payments (hereinafter called “diverted acreage”), and (ii) the average acreage of cropland on the farm devoted to designated soil-conserving crops or practices, including summer fallow and idle land, during a base period prescribed by the Secretary: Provided, That the Secretary may permit all or any part of such diverted acreage to be devoted to the. production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production is necessary to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely a fleet farm income, subject to the condition that payment under paragraph (4) or (6) with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted to conservation uses. “(9) The acreage regarded as planted to cotton on any farm which qualifies for payment under this subsection except under paragraph (6) shall, for purposes of establishing future State, county, and farm acreage allotments and farm bases, be the farm acreage allotment established under section 344 of the Agricultural Adjustment Act of 63 Stat. 570; 73 Stat. 394. 7 USC 1344. 1938, as amended, excluding adjustments under subsection (m) (2) thereof. “(10) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing diversion payments on a fair and equitable basis under this subsection. The Secretary shall provide for the sharing of price support payments among producers on the farm on the oasis of their respective shares in the cotton crop produced on the farm, or the proceeds therefrom, except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable. “(11) In any ease in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this Act preclude the making of payments under this section, the Secretary may, nevertheless, make such payments in such amounts as he determines to be equitable in relation to the seriousness of the default. “(12) Notwithstanding any other provision of this Act, if, as a result of limitations hereafter enacted with respect to price support under this subsection, the Secretary is unable to make available to nil cooperators the full amount of price support to which they would otherwise be entitled under paragraphs (2) and (3) of this subsection for any crop of upland cotton, (A) price support to cooperators shall be made available for such crop (if marketing quotas have not been disapproved) through loans or purchases at such level not less than 65 per centum nor more than 90 per centum of the purity price therefor as the Secretary determines appropriate; (B) in order to keep upland cotton to the maximum extent, practicable in the normal channels of trade, such price support may be carried out through the simultaneous purchase of cotton at the support price therefor and resale at a lower price or through loans under which the cotton would be redeemable by payment of a price therefor lower than the amount of the loan thereon: and (C) such resale or redemption price shall be such as the Secretary determines will provide orderly marketing of cotton during the harvest season and will retain an adequate share of the world market for cotton produced in the United States. “(13) The provisions of subsection Mg) of the Soil Conservation 52 Stat. 35. 16 USC 590h. and Domestic Allotment Act, as amended (relating to assignment of payments), shall also apply to payments under this subsection. “(14) 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 excuses necessary in carrying out this subsection.”

6. 1966

   Pub. L. 89–451 § 1 · 80 Stat. 202

   Substituted · 7 U.S.C. § 1444(d)(3)

   Pub. L. 89–451 substituted “crop for which there are marketing quotas or voluntary adjustment programs in effect” for “income producing crop in such year” in last sentence

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 89–451 substituted “crop for which there are marketing quotas or voluntary adjustment programs in effect” for “income producing crop in such year” in last sentence.

7. 1968

   Pub. L. 90–559 § 1(2) · 82 Stat. 996

   Substituted · 7 U.S.C. § 1444(d)(1)

   Pub. L. 90–559 provided for a one year extension, substituting “1966 through 1970” for “1966, 1967, 1968, and 1969”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 90–559 provided for a one year extension, substituting “1966 through 1970” for “1966, 1967, 1968, and 1969”.

   Enacted provision · exact public law section
   (1) by striking out “through 1969” wherever it appears and substituting “through 1970”;

8. 1970

   Agricultural Act of 1970

   Pub. L. 91–524 title VI § 602 · 84 Stat. 1358

   Added · 7 U.S.C. § 1444(e)

   Pub. L. 91–524 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 91–524 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 602. Effective beginning with the 1971 crop of upland cotton, 72 Stat. 989; 79 Stat. 1194. 7 USC 1444. section 103 of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new subsection (e) reading as follows: “(e) (1) The Secretary shall upon presentation of warehouse receipts Loans. reflecting accrued storage charges of not more than 60 days make available for the 1971, 1972, and 1973 crops of upland cotton to cooperators nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect for Middling one-inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States 90 per centum of the acreage world price for such cotton for the two-year period ending July 31 in the year in which the loan level is announced, except that to prevent the establishment of such a loan level as would adversely affect the competitive position of United States upland cotton, following one or more years of excessively high prices, the Secretary shall make such adjustments as are necessary to keep United States upland cotton competitive and to retain an adequate snare of the world market for such cotton. The average world price for such cotton for such preceding two-year period shall be determined by the Secretary annually pursuant to a published regulation which shall specify the procedures and the factors be to used by the Secretary in making the world price determination. The loan level for any crop of upland cotton shall be determined and announced not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective. Notwithstanding the foregoing, if the carryover of upland cotton as of the beginning of the marketing year for the 1972 or 1973 crop exceeds 7.2 million bales, producers on any farm harvesting cotton of such crop from an acreage in excess of the base acreage allotment for such farm shall be entitled to loans and purchases only on an amount of the cotton of such crop produced on such farm determined by multiplying the yield used in computing payments for such farm by the base acreage allotment for such farm. “(2) In addition, the Secretary shall make available to cooperators Payments. payments on the 1971, 1972, and 1973 crops of upland cotton. The payments shall be at such rate per pound as, together with the national average market price for Middling one-inch upland cotton (micronaire 3.5 through 4.9) in the designated spot markets during the first five months of the marketing year for the crop, the Secretary’ determines will be equal to the greater of (i) 35 cents, or (ii) 65 per centum of the parity price for upland cotton as of the beginning of the marketing year, except that the rate of payment so determined for the 1972 crop and the 1973 crop, respectively, shall be adjusted by multiplying the amount thereof by the ratio of (i) the national base acreage allotment for the 1971 crop to (ii) the national base acreage allotment for the crop for which the rate is being determined: Provided, That the Small farm, payment bonus. payment rate with respect, to any producer who (i) is on a small farm (that is, a farm on which the base acreage allotment is ten acres or less, or on which the yield used in making payments times the farm base acreage allotment is five thousand pounds or less, and for which the base acreage allotment has not been reduced under section 350 (f)), (ii) Ante, p. 1374. resides on such farm, and (iii) derives his principal income from cotton produced on such farm, shall be increased by 30 per centum; but, notwithstanding paragraph (3), such increase shall be made only with respect to his share of cotton actually harvested on such farm within the quantity specified in paragraph (3). The Secretary shall make a preliminary payment to producers, as soon as practicable after July 1 of the year in which the crop is harvested, at a rate equal to 15 cents per pound, and the payment so made shall not be reduced if the rate as finally determined is less than the rate of the preliminary payment. “(3) Such payments shall be made available for a farm on the quantity of upland cotton determined by multiplying the acreage planted within the farm base acreage allotment for the farm for the crop by the average yield established for the farm: Provided, That payments shall be made on any farm planting not less than 90 per cent um of the farm base acreage allotment on the basis of the entire amount of such allotment. For purposes of this paragraph, an acreage on the farm which the Secretary determines was not planted to cotton because of drought, flood, other natural disaster, or a condition beyond the control of the producer shall be considered to bean acreage planted to cotton. The average 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, except that the 1970 farm projected yield shall be substituted in lieu of the actual yields for the years 1968 and 1969: Provided, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, or other natural disaster: Provided further, That the average yield established for the farm for any year shall not be less than the yield used in making payments for the preceding year if the total cotton production on the farm in such preceding year is not less than the yield used in making payments for the farm for such preceding year times the farm base acreage allotment for such preceding year (for the 1970 crop, the farm domestic allotment). “(4) (A) The Secretary shall provide for a set aside of cropland if he determines that the total supply of agricultural commodities will, in the absence of such a 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. If a set-aside of cropland is in effect, under this paragraph (4), then as a condition of eligibility for loans and payments on upland cotton the producers on a farm must set aside and devote to approved conservation uses an acreage of cropland equal to (i) such percentage of the farm base acreage allotment for the farm as may be specified by the Secretary (not to exceed 28 per centum of the farm base acreage allotment), plus (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary. Production restriction, authority. If the Secretary determines prior to the planting season for such crop that the carryover of upland cotton as of the beginning of the marketing year for the 1972 or 1973 crop will exceed 7.2 million bales, the Secretary is authorized for such crop to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to such percentage of the farm base acreage allotment as he determines necessary to reduce the total supply to a reasonable level. Grazing shall not be permitted during any of the five principal months of the normal growing season as determined by the county committee established pursuant to section 8(b) of the Soil Conservation and 52 Stat. 31; 78 Stat. 743. 16 USC 590h. Domestic Allotment Act, as amended, and subject to this limitation (1) the Secretary shall permit producers to plant and graze on the set-aside acreage sweet sorghum, and (2) the Secretary may permit, subject to such terms and conditions as he may prescribe, all or any of the set-aside acreage to be devoted to grazing or the production of guar, sesame, safflower, sunflower, castor Leans, mustard seed, crambe, plantago ovato, flaxseed, or other commodity, if he determines that such production is needed to provide an adequate supply, 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 commodities to desirable goals, the Secretary may make land diversion payments, in addition Ante, p. 1375. to the payments authorized in subsection (e)(2), to producers 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 so devoted under subsection (e)(4)(A). 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 producers and the productivity of the acreage diverted. The Secretary shall limit the total acreage to Total diverted acreage, limitation. be diverted under agreements in any county or local community so as not to adversely affect the economy of the county or local community. “(5) The upland cotton program formulated under this section shall require the producer 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, anti rodents. Such 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 provide for an additional payment on Recreational use, additional payments. 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. “(6) If the operator of the farm desires to participate in the program formulated under this section, he shall file his agreement to do so no later than such date as the Secretary may prescribe. Loans and purchases on upland cotton and payments under this section shall be made available to the producers on such farm only if producers set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator 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 producer, terminate or modify any such agreement, entered into pursuant to this subsection (e)(6) if he determines such action necessary because of an emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of agricultural commodities. “(7) The Secretary shall provide adequate safeguards to protect Tenants, equitable share. the interests of tenants and sharecroppers, including provision for sharing on a fair and equitable basis, in payments under this section. “(8) In any case in which the failure of a producer to comply fully with the terms and conditions of the program formulated under this section 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. “(9) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this Title. “(10) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. “(11) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act, as amended (relating to assignment of 80 Stat. 1167. 16 USC 590h. payments), shall apply to payments under this subsection.”

9. 1973

   Agriculture and Consumer Protection Act of 1973

   Pub. L. 93–86 § 1(20)(A) · 87 Stat. 221

   1. Substituted · 7 U.S.C. § 1444(e)(1)

      Pub. L. 93–86, § 1(20)(A), (B), substituted “1971 through 1977 crops of upland cotton” for “1971, 1972, and 1973 crops of upland cotton”

   2. Substituted · 7 U.S.C. § 1444(e)(1)

      Pub. L. 93–86, § 1(20)(A), (B), substituted “three-year period” for “two-year period”

   3. Substituted · 7 U.S.C. § 1444(e)(1)

      Pub. L. 93–86, § 1(20)(A), (B), substituted “except that if the loan rate so calculated is higher than the then current level of average world prices for American cotton of such quality, the Secretary is authorized to adjust the current calculated loan rate for cotton to 90 per centum of the then current average world price” for “except that to prevent the establishment of such a loan level as would adversely affect the competitive position of United States upland cotton, following one or more years of excessively high prices the Secretary shall make such adjustments as are necessary to keep United States upland cotton competitive and to retain an adequate share of the world market for such cotton”

   4. Substituted · 7 U.S.C. § 1444(e)(1)

      Pub. L. 93–86, § 1(20)(A), (B), substituted “average price of American cotton in world markets” for “acreage world price”

   5. Substituted · 7 U.S.C. § 1444(e)(1)

      Pub. L. 93–86, § 1(20)(A), (B), substituted “any of the 1972 through 1977 crops” for “the 1972 or 1973 crop”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 93–86, § 1(20)(A), (B), substituted “1971 through 1977 crops of upland cotton” for “1971, 1972, and 1973 crops of upland cotton”, “three-year period” for “two-year period” in two places, “except that if the loan rate so calculated is higher than the then current level of average world prices for American cotton of such quality, the Secretary is authorized to adjust the current calculated loan rate for cotton to 90 per centum of the then current average world price” for “except that to prevent the establishment of such a loan level as would adversely affect the competitive position of United States upland cotton, following one or more years of excessively high prices the Secretary shall make such adjustments as are necessary to keep United States upland cotton competitive and to retain an adequate share of the world market for such cotton”, “average price of American cotton in world markets” for “acreage world price”, and “any of the 1972 through 1977 crops” for “the 1972 or 1973 crop”.

   Enacted provision · exact public law section
   (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” 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 . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. 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 person 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 reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act 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 stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

10. 1973

    Agriculture and Consumer Protection Act of 1973

    Pub. L. 93–86 § 1(20)(C) · 87 Stat. 221

    1. Substituted · 7 U.S.C. § 1444(e)(2)

       Pub. L. 93–86, § 1(20)(C), substituted provisions setting out the formula for determining payments for each crop of cotton to the producers on each farm using, as elements of such formula, the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, the loan level determined under paragraph (1) for such crop, an established price of 38 cents per pound in the case of the 1974 and 1975 crops, adjusted prices in the case of the 1976 and 1977 crops, adjustment of increases to reflect changes in the national average yield per acre of cotton for the three calendar years preceding the year for which the determination is made over the national average yield per acre of cotton for the three calendar years preceding the year previous to the one for which the determination is made, and covering prevention of planting due to natural disasters and conditions for provisions authorizing payments by the Secretary to cooperators on the 1971, 1972, and 1973 crops of upland cotton

    2. Struck · 7 U.S.C. § 1444(e)(2)

       Pub. L. 93–86, § 1(20)(C), struck out provisions directing preliminary payments to producers as soon as practicable after July 1 of the year in which the crop is harvested at a rate equal to 15 cents per pound

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 93–86, § 1(20)(C), substituted provisions setting out the formula for determining payments for each crop of cotton to the producers on each farm using, as elements of such formula, the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, the loan level determined under paragraph (1) for such crop, an established price of 38 cents per pound in the case of the 1974 and 1975 crops, adjusted prices in the case of the 1976 and 1977 crops, adjustment of increases to reflect changes in the national average yield per acre of cotton for the three calendar years preceding the year for which the determination is made over the national average yield per acre of cotton for the three calendar years preceding the year previous to the one for which the determination is made, and covering prevention of planting due to natural disasters and conditions for provisions authorizing payments by the Secretary to cooperators on the 1971, 1972, and 1973 crops of upland cotton, and struck out provisions directing preliminary payments to producers as soon as practicable after July 1 of the year in which the crop is harvested at a rate equal to 15 cents per pound.

    Enacted provision · exact public law section
    (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” 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 . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. 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 person 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 reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act 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 stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

11. 1973

    Agriculture and Consumer Protection Act of 1973

    Pub. L. 93–86 § 1(20)(D) · 87 Stat. 221

    1. Inserted · 7 U.S.C. § 1444(e)(4)(A)

       Pub. L. 93–86, § 1(20)(D)–(F), inserted “, if required by the Secretary,” before “(ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary”

    2. Substituted · 7 U.S.C. § 1444(e)(4)(A)

       Pub. L. 93–86, § 1(20)(D)–(F), substituted “The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to a percentage of the farm base acreage allotment” for “If the Secretary determines prior to the planting season for such crop that the carryover of upland cotton as of the beginning of the marketing year for the 1972 or 1973 crop will exceed 7.2 million bales, the Secretary is authorized for such crop to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to such percentage of the farm base acreage allotment as he determines necessary to reduce the total supply to a reasonable level”, deleted provision prohibiting grazing during any of the five principal months of the normal growing season as determined by the county committee established pursuant to section 590h(b) of Title 16

    3. Inserted · 7 U.S.C. § 1444(e)(4)(A)

       Pub. L. 93–86, § 1(20)(D)–(F), inserted provisions authorizing the raising of hay on set-aside acreage and the production of triticale, oats, and rye

    Source evidence

    Code amendment note
    Subsec. (e)(4)(A). Pub. L. 93–86, § 1(20)(D)–(F), inserted “, if required by the Secretary,” before “(ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary”, substituted “The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to a percentage of the farm base acreage allotment” for “If the Secretary determines prior to the planting season for such crop that the carryover of upland cotton as of the beginning of the marketing year for the 1972 or 1973 crop will exceed 7.2 million bales, the Secretary is authorized for such crop to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to such percentage of the farm base acreage allotment as he determines necessary to reduce the total supply to a reasonable level”, deleted provision prohibiting grazing during any of the five principal months of the normal growing season as determined by the county committee established pursuant to section 590h(b) of Title 16, and inserted provisions authorizing the raising of hay on set-aside acreage and the production of triticale, oats, and rye.

    Enacted provision · exact public law section
    (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” 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 . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. 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 person 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 reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act 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 stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

12. 1973

    Agriculture and Consumer Protection Act of 1973

    Pub. L. 93–86 § 1(20)(G) · 87 Stat. 221

    Changed · 7 U.S.C. § 1444(e)(5)

    Pub. L. 93–86, § 1(20)(G), authorized Secretary in case of programs for 1974 through 1977 crops to pay an appropriate share of cost of practices designed to protect set-aside acreage from erosion, insects, weeds, and rodents and to provide wildlife food plots or wildlife habitat

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 93–86, § 1(20)(G), authorized Secretary in case of programs for 1974 through 1977 crops to pay an appropriate share of cost of practices designed to protect set-aside acreage from erosion, insects, weeds, and rodents and to provide wildlife food plots or wildlife habitat.

    Enacted provision · exact public law section
    (1) Title I is amended to read as follows: “TITLE I— PAYMENT LIMITATION “Sec. 101. Notwithstanding any other provision of law— “(1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,900. “(2) The term ‘payments’ as used in this section shall not include “Payments.” 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 . “(3) I f the Secretary determines that the total amount of payments Set-aside acreage, reduction. 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 person 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 reduction. “(4) The Secretary shall issue regulations defining the term ‘person’ Regulations. and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act 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 stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.”

13. 1973

    Pub. L. 93–125 § 1(b) · 87 Stat. 450

    Substituted · 7 U.S.C. § 1444(e)(2)

    Pub. L. 93–125 substituted “prevented from planting any portion” for “prevented from planting, any portion”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–125 substituted “prevented from planting any portion” for “prevented from planting, any portion”.

14. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 title VI § 602 · 91 Stat. 913

    Added · 7 U.S.C. § 1444(f)

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 602. cotton production incentives; loan rate and target price; set-aside program Effective only with respect to the 1978 through 1981 crops of upland cotton, except as otherwise provided herein, section 103 of 7 USC 1444. the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new subsection (f) as follows: “(f) (1) The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available for the 1978 through 1981 crops of upland cotton to cooperators nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States the smaller of (i) 85 per centum of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during the four-year period ending July 31 in the year in which the loan level is announced, or (ii) 90 per centum of the average, for the first two full weeks of October of the year in which the loan level is announced, of the five lowest priced growths of the growths quoted for Strict Middling one and one-six-teenth inch cotton C.I.F. Northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year in which the loan is announced between such average Northern Europe price quotation of such quality of cotton and the market quotations in the designated United States spot markets for Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9)). The loan level for any crop of cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective, and such level shall not thereafter be changed. Interest rate, quarterly establishment. Nonrecourse loans, extension. The rate of interest on loans to cooperators under the provisions of this paragraph shall be established quarterly by the Commodity Credit Corporation on the basis of the lowest current interest rate on ordinary obligations of the United States. Nonrecourse loans provided for in this subsection, shall, upon request of the cooperator during the tenth month of the loan period for the cotton, be made available for an additional term of eight months: Provided, That such request to extend the loan period shall not be approved in a month when the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for the preceding month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six month Import quota. Presidential establishment. Conditions. period: Provided further, That whenever the Secretary determines that the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for a month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six months, notwithstanding any other provision of law, the President shall immediately establish and proclaim a special limited global import quota for upland cotton subject to the following conditions: “(A) The amount of the special quota shall be equal to twenty-one days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent three months for which data are available; “(B) If a special quota has been established under this subsection during the preceding twelve months, the amount of the quota next established hereunder shall be the smaller of twenty-one days of domestic mill consumption calculated as set forth in clause (A) of this subsection or the amount required to increase the supply to 130 per centum of the demand; “(C) As used in clause (B) of this paragraph, the term ‘supply’ “Supply.” means, using the latest official data of the Bureau of the Census, the United States Department of Agriculture, and the United States Department of the Treasury, the carryover of upland cot-ton at the beginning of the marketing year (adjusted to four hundred and eighty-pound bales) in which the special quota is established, plus production of the current crop, plus imports to the latest date available during the marketing year, and the term “Demand.” ‘demand’ means the average seasonally adjusted annual rate of domestic mill consumption in the most recent three months for which data are available, plus the larger of average exports of upland cotton during the preceding six marketing years or cumulative exports of upland cotton, plus outstanding export sales for the marketing year in which the special quota is established; and “(D) When a special quota is established under the provisions of this subsection, a ninety-day period from the effective date of the proclamation shall be allowed for entering cotton under such quota. “(2) Notwithstanding the foregoing provisions of this subsection, a special quota period shall not be established that overlaps an existing special quota period. “(3) Notwithstanding any other provision of law, the foregoing provisions of this subsection with respect to extension of the loan period and to proclamation of the special quota shall become effective upon the effective date of the Food and Agriculture Act of 1977 even though the cotton may be of a crop prior to the 1978 crop. “(4) Payments shall be made for each crop of upland cotton to the Payments. producers on each farm at a rate equal to the amount by which the higher of— “(A) the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, or “(B) the loan level determined under paragraph (1) for such crop is less than the established price per pound times in each case (i) the farm program acreage for cotton, determined in accordance with paragraph (9) of this subsection (but in no event on a greater acreage than the acreage actually planted to cotton for harvest), multiplied by (ii) the farm program payment yield for cotton determined in accordance with paragraph (10) of this subsection. For the 1978 through 1981 Established price. crops, the established price 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. The adjusted cost of production for each of such years shall Adjusted cost of production. 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: Provided, That in no event shall the established price for the 1978 crop be less than 52 cents per pound and for each subse-quent crop be less than 51 cents per pound. The total quantity on which payments would otherwise be payable to a producer 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 (5) (B) of this subsection. “(5) (A) Effective only with respect to the 1978 and 1979 crops of upland cotton, if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for cotton to cotton 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 cotton for harvest (including any acre-age which the producers were prevented from planting to cotton or other nonconserving crop in lieu of cotton 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 farm program payment yield established by the Secretary times a payment rate equal to 33⅓ per centum of the established price for the crop. “(B) Effective only with respect to the 1978 and 1979 crops of upland cotton, 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 cotton which the producers are able to harvest on any farm is less than the result of multiplying 75 per centum of the farm program payment yield established by the Secretary for such crop by the acreage planted to harvest for such crop, the Secretary shall make a farm disaster payment to the producers at a rate equal to 33% per centum of the established price for the crop for the deficiency in production below 75 per centum for the crop. “(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 establish for each of the 1978 through 1981 crops of upland cotton a national program acreage. Such national program acreage shall be announced by the Secretary not later than December 15 of the calendar year preceding the year for which such Revision. acreage is established. The Secretary may revise the national program acreage first announced for any crop year for the purpose of determining the allocation factor under paragraph (8) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall announce such revised national program acreage as soon as it has been made. The national program acreage shall be the number of harvested acres the Secretary determines (on the basis of the estimated weighted national average of the farm program 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 Adjustment. crop. The national program acreage shall be subject to such adjustment. as the Secretary determines necessary, taking into consideration the estimated carryover supply, so as to provide for an adequate but not excessive total supply of cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than 10 million acres. “(8) The Secretary shall determine a program allocation factor for each crop of upland cotton. The allocation factor (not to exceed 100 per centum) shall be determined by dividing the national program acreage for the crop by the number of acres which the Secretary estimates will be harvested for such crop. “(9) The individual farm program acreage for each crop of upland cotton shall be determined by multiplying the allocation factor by the acreage of cotton planted for harvest on the farms for which individual farm program acreages are required to be determined: Provided, That the cotton acreage eligible for payment on a farm shall not be further reduced by application of the allocation factor if the producers reduce the acreage of cotton planted for harvest on the farm from the previous year by at least the percentage recommended by the Secretary in the announcement of the national program acreage made not later than December 15 of the calendar year preceding the year for which such acreage is established. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of cotton planted for harvest is less than for the preceding year, but the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor, the Secretary is authorized to 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. “(10) The farm program payment yield for each crop of upland Payment yields. cotton shall be determined on the basis of the actual yields per harvested acre on the farm for the preceding three years: Provided, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, or other natural disaster, or other condition beyond the control of the producers. In case farm yield data for one or more years are unavailable or there was no production, the Secretary shall provide for appraisals to be made on the basis of actual yields and program payment yields for similar farms in the area for which data are available. Notwithstanding the foregoing pro-visions of this paragraph, in the determination of yields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this paragraph. If the Secretary determines it necessary, the Secretary may establish national, State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such yields in the historical period, or, if such data are not available, on the Secretary’s estimate of actual yields for the crop year involved. In the event national, State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields. “(11) (A) The Secretary shall provide for a set-aside of cropland if Cropland set-aside. the Secretary determines that the total supply of upland cotton will, in the absence of such a 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. If a set- aside of cropland is in effect under this paragraph, then as a condition of eligibility for loans, purchases, and payments on upland cotton, the producers on a farm must set aside and devote to conservation uses an acreage of cropland equal to a specified percentage as determined by the Secretary (but not to exceed 28 per centum), of the acreage of upland cotton planted for harvest for the crop year for which a set-aside is in effect. The set-aside acreage shall be devoted to conservation Regulations. 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, is not likely to increase the cost of the price support program, and will not adversely Limitation. affect farm income. The Secretary may limit the acreage planted to upland cotton. Such limitation shall be applied on a uniform basis to all cotton-producing farms. Producers on a farm who knowingly plant cotton in excess of the permitted cotton acreage for the farm shall be ineligible for cotton loans or payments with respect to that farm. “(B) The Secretary may make land diversion payments to producers of upland cotton, whether or not a set-aside for upland cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of upland Contracts. cotton to desirable goals. Such land diversion payments shall be made to producers 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 entered into by the Secretary with such producers. The amounts payable to producers under land diversion contracts may be determined through the sub-mission 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 set-aside 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 Payment. 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. “(12) If the operator of the farm desires to participate in the pro-gram 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 the producers on such farm only if the producers set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator agrees to set aside and devote to approved soil conserving uses, and the agreement Termination or modification. shall so provide. The Secretary may, by mutual agreement with the producers, terminate or modify any such agreement entered into pursuant to this subsection if the Secretary determines such action necessary because of an emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of agricultural commodities. “(13) The Secretary shall provide adequate safeguards to protect Safeguards. the interests of tenants and sharecroppers. “(14) In any case in which 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 default, “(15) The Secretary is authorized to issue such regulations as the Regulations. Secretary determines necessary to carry out the provisions of this subsection. “(16) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(17) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act, as amended (relating to assignment of 16 USC 590h. payments), shall apply to payments under this subsection.”.

15. 1978

    Pub. L. 95–279 title I § 102 · 92 Stat. 240

    1. Substituted · 7 U.S.C. § 1444(f)(1)

       Pub. L. 95–279 temporarily substituted “during three years of the five-year period ending July 31” for “during the four-year period ending July 31”

    2. Inserted · 7 U.S.C. § 1444(f)(1)

       Pub. L. 95–279 temporarily inserted “excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period” in cl. (i)

    3. Substituted · 7 U.S.C. § 1444(f)(1)

       Pub. L. 95–279 temporarily substituted “for the fifteen-week period beginning July 1” for “for the first two full weeks of October” in cl. (ii)

    4. Inserted · 7 U.S.C. § 1444(f)(1)

       Pub. L. 95–279 temporarily inserted proviso relating to the minimum loan level and the power of the Secretary to raise the loan level as he may deem appropriate when the average Northern European price is less than the average United States spot market price. See Effective and Termination Dates of 1978 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–279 temporarily substituted “during three years of the five-year period ending July 31” for “during the four-year period ending July 31” and inserted “excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period” in cl. (i), substituted “for the fifteen-week period beginning July 1” for “for the first two full weeks of October” in cl. (ii), and inserted proviso relating to the minimum loan level and the power of the Secretary to raise the loan level as he may deem appropriate when the average Northern European price is less than the average United States spot market price. See Effective and Termination Dates of 1978 Amendment note below.

    Enacted provision · exact public law section
    Sec. 102. Effective only with respect to the 1978 through 1981 crops 7 USC 1444. of upland cotton, section 103(f) of the Agricultural Act of 1949 is amended by striking out the first sentence of paragraph (1) and inserting in lieu thereof the following: “The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available for the 1978 through 1981 crops of upland cotton to cooperators nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States the smaller of (i) 85 percent of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during three years of the five-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, or (ii) 90 percent of the average, for the fifteen-week period beginning July 1 of the year in which the loan level is announced, of the five lowest priced growths of the growths quoted for Strict Middling one and one-sixteenth inch cotton C.I.F. Northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the. year in which the loan is announced between such average Northern Europe price quotation of such quality of cotton and the market quotations in the designated United States spot markets for Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9)): Provided, That in no event shall such loan level be less than 48 cents per pound. If for any crop the average Northern Europe price determined under clause (ii) of the first sentence of this paragraph is less than the average United States spot market price determined under clause (i) of the first sentence of this paragraph, the Secretary may, notwithstanding the foregoing provisions of this paragraph, increase the loan level to such level as the Secretary may deem appropriate, not in excess of the average United States spot market price determined under clause (i) of the first sentence of this paragraph.”.

16. 1978

    Pub. L. 95–402 · 92 Stat. 862

    Struck · 7 U.S.C. § 1444(f)(1)

    Pub. L. 95–402 purported to strike out the fourth sentence of subsec. (f)(1). The enacting clause, however, stated that Pub. L. 95–402 was enacted to amend subsec. (f)(1) “… to ensure that the interest rates on price support loans for upland cotton are not less favorable to producers than the interest rates for such loans on other commodities”. Accordingly, the third sentence of subsec. (f)(1) was struck out as the probable intent of Congress because it related to interest rates while the fourth sentence related to extension of the loan period and establishment of a special limited global import quota

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 95–402 purported to strike out the fourth sentence of subsec. (f)(1). The enacting clause, however, stated that Pub. L. 95–402 was enacted to amend subsec. (f)(1) “… to ensure that the interest rates on price support loans for upland cotton are not less favorable to producers than the interest rates for such loans on other commodities”. Accordingly, the third sentence of subsec. (f)(1) was struck out as the probable intent of Congress because it related to interest rates while the fourth sentence related to extension of the loan period and establishment of a special limited global import quota.

17. 1980

    Agricultural Adjustment Act of 1980

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

    Substituted · 7 U.S.C. § 1444(f)(5)(A)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

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

18. 1980

    Agricultural Adjustment Act of 1980

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

    Substituted · 7 U.S.C. § 1444(f)(5)(B)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

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

19. 1980

    Federal Crop Insurance Act of 1980

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

    Substituted · 7 U.S.C. § 1444(f)(5)(A)

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

    Source evidence

    Code amendment note
    Subsec. (f)(5)(A). Pub. L. 96–365, § 201(b)(1), substituted “Except as otherwise provided in subparagraph (C) of this paragraph, effective with respect to the 1978 through 1981 crops of upland cotton” for “Effective only with respect to the 1978, 1979, and 1980 crops of upland cotton”.

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

20. 1980

    Federal Crop Insurance Act of 1980

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

    Substituted · 7 U.S.C. § 1444(f)(5)(B)

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

    Source evidence

    Code amendment note
    Subsec. (f)(5)(B). Pub. L. 96–365, § 201(b)(2), substituted “Except as otherwise provided in subparagraph (C) of this paragraph, effective with respect to the 1978 through 1981 crops of upland cotton” for “Effective only with respect to the 1978, 1979, and 1980 crops of upland cotton”.

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

21. 1980

    Federal Crop Insurance Act of 1980

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

    Added · 7 U.S.C. § 1444(f)(5)(C)

    Pub. L. 96–365, § 201(b)(3), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (f)(5)(C). Pub. L. 96–365, § 201(b)(3), added subpar. (C).

    Enacted provision · exact public law section
    (3) adding at the end thereof a new subparagraph (C) as follows: “(C) With respect to the 1981 crop of upland cotton, producers on a farm shall not be eligible for disaster payments under this paragraph if the producers elect to cover the upland cotton acreage with crop insurance, part of the premium for which is paid by the Federal Crop Insurance Corporation under the provisions of 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 title V § 502 · 95 Stat. 1213

    Added · 7 U.S.C. § 1444(g)

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 502. loan rates and target prices, disaster payments, cotton acreage reduction program, and land diversion for the 1982 through 1985 crops of upland cotton Effective only for the 1982 through 1985 crops of upland 7 USC 1444. cotton, section 103 of the Agricultural Act of 1949 is amended by adding at the end thereof a new subsection as follows: “(g) (1) The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available for the 1982 through 1985 crops of upland cotton to producers nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect for Strict Low Middling one-and-one-sixteenth-inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States the smaller of (A) 85 per centum of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during three years of the five-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, or (B) 90 per centum of the average, for the fifteen-week period beginning July 1 of the year in which the loan level is announced, of the five lowest-priced growths of the growths quoted for Middling one-and-three-thirty-seconds-inch cotton C.I.F. northern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year in which the loan is announced between such average northern European price quotation of such quality of cotton and the market quotations in the designated United States spot markets for Strict Low Middling one-and-one-sixteenth-inch cotton (micronaire 3.5 through 4.9)). In no event shall such loan level be less than 55 cents per pound. If for any crop the average northern European price determined under clause (B) of the first sentence of this paragraph is less than the average United States spot market price determined under clause (A) of the first sentence of this paragraph, the Secretary may, notwithstanding the foregoing provisions of this paragraph, increase the loan level to such level as the Secretary may deem appropriate, not in excess of the average United States spot market price determined under clause (A) of the first sentence of this paragraph. The loan level for any crop of cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective, except that in the case of the 1982 crop such determination and announcement shall be made as soon as practicable after enactment of the Agriculture and Food Act of 1981, and such level shall not thereafter be changed. Nonrecourse loans provided for in this subsection shall, upon request of the producer during the tenth month of the loan period for the cotton, be made available for an additional term of eight months, except that such request to extend the loan period shall not be approved in a month when the average price of Strict Low Middling one-and-one-sixteenth-inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for the preceding month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six-month period. “(2) Whenever the Secretary determines that the average price of Strict Low Middling one-and-one-sixteenth-inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for a month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six months, notwithstanding any other provision of law, the President shall immediately establish and proclaim a special limited global import quota for upland cotton subject to the following conditions: “(A) The amount of the special quota shall be equal to twenty-one days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent three months for which data are available. “(B) If a special quota has been established under this paragraph during the preceding twelve months, the amount of the quota next established hereunder shall be the smaller of twenty-one days of domestic mill consumption calculated as set forth in subparagraph (A) of this paragraph or the amount required to increase the supply to 130 per centum of the demand. “(C) As used in subparagraph (B) of this paragraph, the term ‘supply’ means, using the latest official data of the Bureau of the Census, the United States Department of Agriculture, and the United States Department of the Treasury, the carryover of upland cotton at the beginning of the marketing year (adjusted to four-hundred-and-eighty-pound bales) in which the special quota is established, plus production of the current crop, plus imports to the latest date available during the marketing year, and the term ‘demand’ means the average seasonally adjusted annual rate of domestic mill consumption in the most recent three months for which data are available, plus the larger of average exports of upland cotton during the preceding six marketing years or cumulative exports of upland cotton, plus outstanding export sales for the marketing year in which the special quota is established. “(D) When a special quota is established under the provisions of this paragraph, a ninety-day period from the effective date of the proclamation shall be allowed for entering cotton under such quota. Notwithstanding the foregoing provisions of this paragraph, a special quota period shall not be established that overlaps an existing quota period. “(3) (A) In addition, payments shall be made for each of the 1982 through 1985 crops of upland cotton to the producers on each farm at a rate equal to the amount by which the higher of— “(i) the average market price received by farmers for upland cotton during the calendar year which includes 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) of this subsection for such crop, is less than the established price per pound times in each case the farm program acreage for cotton (determined in accordance with paragraph (7) paragraph (9)(A) of this subsection, but in no event on a greater acreage than the acreage actually planted to cotton for harvest), multiplied by the farm program payment yield for cotton (determined in accordance with paragraph (8) of this subsection). “(B) The established price for upland cotton shall not be less than the higher of (i) $0.71 per pound for the 1982 crop, $0.76 per pound for the 1983 crop, $0.81 per pound for the 1984 crop, and $0.86 per pound for the 1985 crop, plus any adjustment made for changes in production costs as provided in subparagraph (C) of this paragraph, or (ii) 120 per centum of the loan level determined for such crop under paragraph (1) of this subsection. “(C) The prices referred to in clause (i) of the preceding subparagraph 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 total quantity on which payments would otherwise be payable to a producer 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 (4) of this subsection. “(4) (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 cotton to cotton 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 cotton for harvest (including any acreage which the producers were prevented from planting to cotton or other nonconserving crop in lieu of cotton 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 farm program payment yield established by the Secretary 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 cotton which the producers are able to harvest on any farm is less than the result of multiplying 75 per centum of the farm program payment yield established by the Secretary for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the 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 them under the Federal Crop Insurance Act with respect to their cotton acreage. 7 USC 1501. “(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 cotton 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. “(5) The Secretary shall establish for each of the 1982 through 1985 crops of upland cotton a national program acreage. Such national program acreage shall be announced by the Secretary not later than November 1 of the calendar year preceding the year for which such acreage is established, except that in the case of the 1982 crop, such announcement shall be made as soon as practicable after enactment of the Agriculture and Food Act of 1981. The Secretary may revise the national program acreage first announced for any crop year for the purpose of determining the allocation factor under paragraph (6) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall announce such revised national program acreage as soon as it has been made. The national program acreage shall be the number of harvested acres the Secretary determines (on the basis of the estimated weighted national average of the farm program 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. The national program acreage shall be subject to such adjustment as the Secretary determines necessary, taking into consideration the estimated carryover supply, so as to provide for an adequate but not excessive total supply of cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than ten million acres. “(6) The Secretary shall determine a program allocation factor for each crop of upland cotton. The allocation factor (not to exceed 100 per centum) 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. “(7) The individual farm program acreage for each crop of upland cotton shall be determined by multiplying the allocation factor by the acreage of cotton 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 cotton planted for harvest on the farm from the acreage base established for the farm under paragraph (9)(A) of this subsection by at least the percentage recommended by the Secretary in the announcement of the national program acreage. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of cotton planted for harvest is less than the acreage base established for the farm under paragraph (9)(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 upland cotton, 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. “(8) The farm program payment yield for each crop of upland cotton shall be determined on the basis of the actual yields per harvested acre on the farm for the preceding three years, except that the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, or other natural disaster, or other condition beyond the control of the producers. In case farm yield data for one or more years are unavailable or there was no production, the Secretary shall provide for appraisals to be made on the basis of actual yields and program payment yields for similar farms in the area for which data are available. Notwithstanding the foregoing provisions of this paragraph, in the determination of yields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this paragraph. If the Secretary determines it necessary, the Secretary may establish national, State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such yields in the historical period, or, if such data are not available, on the Secretary’s estimate of actual yields for the crop year involved. If national, State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields. “(9) (A) Notwithstanding any other provision of this subsection, the Secretary may establish a limitation on the acreage planted to upland cotton if the Secretary determines that the total supply of upland cotton, 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. Such limitation shall be achieved by applying a uniform percentage reduction to the acreage base for each cotton-producing farm. Producers who knowingly produce cotton in excess of the permitted cotton acreage for the farm shall be ineligible for cotton loans 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 a result of a limitation under this subparagraph shall be the acreage planted on the farm to upland cotton 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 upland cotton 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 cotton for harvest shall include any acreage which the producers were prevented from planting to cotton or other nonconserving crop in lieu of cotton 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 upland cotton times the number of acres actually planted to such commodity, by (ii) the number of acres authorized to be planted to such commodity 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 upland cotton, paragraphs (5), (6), and (7) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraphs with respect to such crop. The individual farm program acreage shall be the acreage planted on the farm to upland cotton for harvest within the permitted upland cotton acreage for the farm as established under this paragraph. “(B) The Secretary may make land diversion payments to producers of upland cotton, whether or not an acreage limitation for upland cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of upland cotton 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 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. “(10) An operator of a farm desiring to participate in the program conducted under paragraph (9) of this subsection 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. “(11) 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. “(12) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. “(13) 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 and payments, the Secretary may, nevertheless, make such loans 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 16 USC 590h. Domestic Allotment Act to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. “(14) The Secretary may issue such regulations as the Secretary determines necessary to carry out the provisions of this subsection. “(15) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(16) 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. “(17) 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 or payments under this subsection. “(18) In order to encourage and assist producers in the orderly ginning and marketing of their cotton production, the Secretary shall make recourse loans available to such producers on seed cotton in accordance with authority vested in the Secretary under the Commodity 15 USC 714 note. Credit Corporation Charter Act.”.

23. 1983

    Pub. L. 97–446 title I § 155 · 96 Stat. 2329

    Substituted · 7 U.S.C. § 1444(f)(3)

    Pub. L. 97–446 temporarily substituted provision relating to the special quota status of Tariff Schedule items 955.01 and 955.03 before a special quota established under this subsection is filled and the cotton in question is duty free, for provision that, notwithstanding any other provision of law, the foregoing provisions of this subsection with respect to extension of the loan period and to proclamation of the special quota was to become effective Oct. 1, 1977, even though the cotton might have been of a crop prior to the 1978 crop. See Effective and Termination Dates of 1983 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 97–446 temporarily substituted provision relating to the special quota status of Tariff Schedule items 955.01 and 955.03 before a special quota established under this subsection is filled and the cotton in question is duty free, for provision that, notwithstanding any other provision of law, the foregoing provisions of this subsection with respect to extension of the loan period and to proclamation of the special quota was to become effective Oct. 1, 1977, even though the cotton might have been of a crop prior to the 1978 crop. See Effective and Termination Dates of 1983 Amendment note below.

    Enacted provision · exact public law section
    SEC. 155. UPLAND COTTON. Section 103(f)(3) of the Agricultural Act of 1949 (7 U.S.C. 1444(0(3)) shall be effective for the 1982 through 1985 crops of upland cotton amended to read as follows: “(3) Notwithstanding any other provision of law, any upland cotton described in items 955.01 through 955.03 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) imported into the United States during the period of time when a special quota established under this subsection is in effect shall be deemed to be an import under such special quota until the special quota is filled and any such cotton shall be free of duty.”.

24. 1983

    Extra Long Staple Cotton Act of 1983

    Pub. L. 98–88 § 4 · 97 Stat. 494

    Added · 7 U.S.C. § 1444(h)

    Pub. L. 98–88 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 98–88 added subsec. (h).

    Enacted provision · exact public law section
    Sec. 4. Effective beginning with the 1984 crop of extra long staple 7 USC 1444. cotton, section 103 of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new subsection as follows: “(h) (1) For purposes of this subsection, extra long staple cotton means cotton which is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which American upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of such varieties or types and which is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. “(2) The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available to producers nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at a level which is not less than 50 per centum in excess of the loan level established for each crop of Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States. If authorized by the Secretary, nonrecourse loans provided for in this subsection may, upon request of the producer during the tenth month of the loan period for the cotton, be made available for an additional term of eight months. The loan level for any crop of extra long staple cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective and such level shall not thereafter be changed. “(3) (A) In addition, payments shall be made for each crop of extra long staple cotton to producers on each farm at a rate equal to the amount by which the higher of— “(i) the average market price received by farmers for extra long staple cotton during the first eight months of the marketing year for such crop, as determined by the Secretary, or “(ii) the loan level determined under paragraph (2) of this subsection for such crop, is less than the established price per pound times, in each case, the farm program acreage for extra long staple cotton (determined in accordance with paragraph (6) or paragraph (8)(A) of this subsection, but in no event on a greater acreage than the acreage actually planted to extra long staple cotton for harvest), multiplied by the farm program payment yield for extra long staple cotton (determined in accordance with paragraph (7) of this subsection). “(B) The established price for each crop of extra long staple cotton shall be 120 per centum of the loan level determined for such crop under paragraph (2) of this subsection. “(C) If the Secretary establishes an acreage limitation program for Acreage limitation program. a crop of extra long staple cotton in accordance with paragraph (8)(A) of this subsection and determines that deficiency payments will likely be made for such crop of extra long staple cotton under subparagraph (A) of this paragraph, the Secretary may make available advance deficiency payments for such crop to producers who agree to participate in the acreage limitation program. Such advance payments shall be made available to producers as soon as practicable after the producer files a notice of intention to participate in such acreage limitation program and in such amount as the Secretary determines appropriate to encourage adequate participation in such program, except that such amount shall not exceed an amount determined by multiplying (i) the estimated farm program acreage for the crop, by (ii) the farm program payment yield for the crop, by (iii) 50 per centum of the projected payment rate, as determined by the Secretary. In any case in which the deficiency payment payable to a producer for a crop, as finally determined by the Secretary under subparagraph (A) of this paragraph, is less than the amount paid to the producer as an advance deficiency payment under this paragraph, the producer shall refund an amount equal to the difference between the amount advanced and the amount finally determined by the Secretary to be payable to the producer. If the Secretary determines that no deficiency payments are due producers on a crop, the producer who received advanced payments on such crop shall refund such payments. If a producer fails to comply with the requirements under the acreage limitation program after obtaining an advance deficiency payment under this paragraph, the producer shall immediately repay the amount of the advance, plus interest thereon in such amount as the Secretary shall prescribe. “(4) The Secretary shall establish for each crop of extra long National program acreage. staple cotton a national program acreage. Such national program acreage shall be announced by the Secretary not later than November 1 of the calendar year preceding the year for which such acreage is established. The Secretary may revise the national program acreage first announced for any crop year for the purpose of determining the allocation factor under paragraph (5) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall announce such revised national program acreage as soon as it has been made. The national program acreage shall be the number of harvested acres the Secretary determines (on the basis of the estimated weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) of extra long staple cotton that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. The national program acreage shall be subject to such adjustment as the Secretary determines necessary, taking into consideration the estimated carryover supply and the stocks not accounted for by official domestic consumption and export data, so as to provide for an adequate but not excessive total supply of extra long staple cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than sixty thousand acres. “(5) The Secretary shall determine a program allocation factor for each crop of extra long staple cotton. The allocation factor (not to exceed 100 per centum) 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. “(6) The individual farm program acreage for each crop of extra long staple cotton shall be determined by multiplying the allocation factor by the acreage of extra long staple cotton planted for harvest on each farm 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 extra long staple cotton planted for harvest on the farm from the acreage base established for the farm under paragraph (8)(A) of this subsection by at least the percentage recommended by the Secretary in the announcement of the national program acreage. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of extra long staple cotton planted for harvest is less than the acreage base established for the farm under paragraph (8)(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 extra long staple cotton, 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. “(7) The farm program payment yield for each crop of extra long staple cotton shall be determined on the basis of the actual yields per harvested acre on the farm for the preceding three years, except that the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, or other natural disaster, or other condition beyond the control of the producers. In case farm yield data for one or more years are unavailable or there was no production, the Secretary shall provide for appraisals to be made on the basis of actual yields and program payment yields for similar farms in the area for which data are available. Notwithstanding the foregoing provisions of this paragraph in the determination of yields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this paragraph. If the Secretary determines it necessary, the Secretary may establish national, State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such yields in the historical period, or, if such data are not available, on the Secretary’s estimate of actual yields for the crop year involved. If national, State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields. “(8) (A) Notwithstanding any other provision of this subsection, the Acreage limitation. Secretary may establish a limitation on the acreage planted to extra long staple cotton if the Secretary determines that the total supply of extra long staple cotton, in the absence of such limitation, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable prices and to meet a national emergency. Such limitation shall be achieved by applying a uniform percentage reduction to the acreage base for each extra long staple cotton-producing farm. Producers who knowingly produce extra long staple cotton in excess of the permitted acreage for the farm shall be ineligible for extra long staple cotton loans 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 a result of a limitation under this subparagraph shall be the average acreage planted on the farm to extra long staple cotton for harvest in the three crop years immediately preceding the year prior to the year for which the determination is made. For the purpose of the preceding sentence, acreage planted to extra long staple cotton for harvest shall include any acreage which the producers were prevented from planting to extra long staple cotton or other nonconserving crops in lieu of extra long staple cotton 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. There is hereby established for the 1984, Acreage base reserve. 1985, and 1986 crops an acreage base reserve equal to 5 per centum of the total of the farm acreage bases established for the crop under the foregoing provisions of this subparagraph. Such reserve shall be in addition to the total of the farm acreage bases and shall be used by the county committees, in accordance with regulations of the Secretary, for making adjustments of farm acreage bases to correct inequities and prevent hardship, and for establishing bases for farms on which no extra long staple cotton was planted during the preceding four years. 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 extra long staple cotton times the number of acres actually planted to such commodity, by (ii) the number of acres authorized to be planted to such commodity 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 extra long staple cotton, paragraphs (4), (5), and (6) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraphs with respect to such crop. The individual farm program acreage shall be the actual acreage planted on the farm to extra long staple cotton for harvest within the permitted extra long staple cotton acreage for the farm as established under this paragraph. “(B) The Secretary may make land diversion payments to producers of extra long staple cotton, whether or not an acreage limitation program for extra long staple cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of extra long staple cotton 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 Contract bids. 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 Acreage limitation. 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 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 purpose 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. “(9) An operator of a farm desiring to participate in the program conducted under paragraph (8) of this subsection 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. “(10) 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. “(11) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. “(12) 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 and payments, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines to be equitable in relation to the seriousness of Program deadlines or other requirements. 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 16 USC 590h. program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. “(13) The Secretary may issue such regulations as the Secretary determines necessary to carry out the provisions of this subsection. “(14) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. “(15) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall 16 USC 590h. apply to payments made under this subsection. “(16) 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 or payments under this subsection. “(17) In order to encourage and assist producers in the orderly ginning and marketing of their extra long staple cotton production, the Secretary shall make recourse loans available to such producers on seed cotton in accordance with authority vested in the Secretary under the Commodity Credit Corporation Charter Act. “(18) References made in sections 402, 403, 406, 407, and 416 to the terms ‘support price’, ‘level of support’, and ‘level of price support’ shall be considered to apply as well to the level of loans for extra long staple cotton under this subsection; and references to the terms 'price support’, ‘price support operations’, and 'price support program’ in such sections and in section 401(a) shall be considered as 7 USC 1421. applying as well to the loan operations for extra long staple cotton under this subsection.”.

25. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 301 · 98 Stat. 130

    Substituted · 7 U.S.C. § 1444(g)(3)(B)

    Pub. L. 98–258, § 301, substituted “and $0.81 per pound for the 1984 and 1985 crops” for “$0.81 per pound for the 1984 crop, and $0.86 per pound for the 1985 crop”

    Source evidence

    Code amendment note
    Subsec. (g)(3)(B). Pub. L. 98–258, § 301, substituted “and $0.81 per pound for the 1984 and 1985 crops” for “$0.81 per pound for the 1984 crop, and $0.86 per pound for the 1985 crop”.

    Enacted provision · exact public law section
    Sec. 301. target prices Section 103(g)(3)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444(g)(3)(B)) is amended by striking out “$0.81 per pound for the 1984 crop, and $0.86 per pound for the 1985 crop” and inserting in lieu thereof “and $0.81 per pound for the 1984 and 1985 crops”.

26. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 302(1) · 98 Stat. 130

    Inserted · 7 U.S.C. § 1444(g)(9)(A)

    Pub. L. 98–258, § 302(1), inserted “except as provided in the second and third sentences of this subparagraph,” after “Notwithstanding any other provision of this subsection,”

    Source evidence

    Code amendment note
    Subsec. (g)(9)(A). Pub. L. 98–258, § 302(1), inserted “except as provided in the second and third sentences of this subparagraph,” after “Notwithstanding any other provision of this subsection,”.

    Enacted provision · exact public law section
    (1) in the first sentence of subparagraph (A), inserting “except as provided in the second and third sentences of this subparagraph,” immediately after the first comma;

27. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 302(2) · 98 Stat. 130

    Inserted · 7 U.S.C. § 1444(g)(9)(A)

    Pub. L. 98–258, § 302(2), inserted sentences providing that for the 1985 crop of upland cotton, if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed three million seven hundred thousand bales, the Secretary (i) shall provide for a land division [diversion] program as described under subparagraph (B) under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not less than 5 per centum and (ii) may provide for an acreage limitation program as described under this subparagraph under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not more than 20 per centum in addition to the reduction required under clause (i), that if the Secretary implements a combined acreage limitation program and land division [diversion] program, any reduction required by the Secretary in excess of 25 per centum of the acreage base for the farm shall be made under the land diversion program, and that, as a condition of eligibility for loans, purchases, and payments on the 1985 crop of upland cotton, if the Secretary implements a land diversion program or a combined acreage limitation and land diversion program, the producers on a farm must comply with the terms and conditions of such program

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–258, § 302(2), inserted sentences providing that for the 1985 crop of upland cotton, if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed three million seven hundred thousand bales, the Secretary (i) shall provide for a land division [diversion] program as described under subparagraph (B) under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not less than 5 per centum and (ii) may provide for an acreage limitation program as described under this subparagraph under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not more than 20 per centum in addition to the reduction required under clause (i), that if the Secretary implements a combined acreage limitation program and land division [diversion] program, any reduction required by the Secretary in excess of 25 per centum of the acreage base for the farm shall be made under the land diversion program, and that, as a condition of eligibility for loans, purchases, and payments on the 1985 crop of upland cotton, if the Secretary implements a land diversion program or a combined acreage limitation and land diversion program, the producers on a farm must comply with the terms and conditions of such program.

    Enacted provision · exact public law section
    (2) inserting immediately after the first sentence of subparagraph (A) the following new sentences: “For the 1985 crop of upland cotton, if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed three million seven hundred thousand bales, the Secretary (i) shall provide for a land division program as described under subparagraph (B) under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not less than 5 per centum and (ii) may provide for an acreage limitation program as described under this subparagraph under which the acreage planted to upland cotton for harvest on the farm would be limited to the acreage base for the farm reduced by not more than 20 per centum in addition to the reduction required under clause (i). If the Secretary implements a combined acreage limitation program and land division program, any reduction required by the Secretary in excess of 25 per centum of the acreage base for the farm shall be made Loans. under the land diversion program. As a condition of eligibility for loans, purchases, and payments on the 1985 crop of upland cotton, if the Secretary implements a land diversion program or a combined acreage limitation and land diversion program, the producers on a farm must comply with the terms and conditions of such program.”; and

28. 1984

    Agricultural Programs Adjustment Act of 1984

    Pub. L. 98–258 § 302(3) · 98 Stat. 130

    Inserted · 7 U.S.C. § 1444(g)(9)(B)

    Pub. L. 98–258, § 302(3), inserted sentences providing that if the Secretary implements a land diversion program for the 1985 crop of upland cotton under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of upland cotton whose acreage planted to upland cotton for harvest on the farm is reduced so that it does not exceed the upland cotton 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), if any, and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the upland cotton acreage base under this subparagraph, that such payments shall be made in an amount computed by multiplying (i) the diversion payment rate, by (ii) the farm program payment yield for the crop, by (iii) the acreage diverted under this subparagraph, that the diversion payment rate shall be established by the Secretary at not less than $0.275 per pound: Provided, That if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed (I) four million one hundred thousand bales, such rate shall be established by the Secretary at not less than $0.30 per pound, and (II) four million seven hundred thousand bales such rate shall be established by the Secretary at not less than $0.35 per pound, that the Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the 1985 crop as soon as practicable after a producer enters into a land diversion contract with the Secretary and in advance of any determination of performance, and that if a producer fails to comply with a land diversion contract after obtaining an advance payment under this subparagraph, the producer shall repay the advance immediately and, in accordance with regulations issued by the Secretary, pay interest on the advance

    Source evidence

    Code amendment note
    Subsec. (g)(9)(B). Pub. L. 98–258, § 302(3), inserted sentences providing that if the Secretary implements a land diversion program for the 1985 crop of upland cotton under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of upland cotton whose acreage planted to upland cotton for harvest on the farm is reduced so that it does not exceed the upland cotton 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), if any, and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the upland cotton acreage base under this subparagraph, that such payments shall be made in an amount computed by multiplying (i) the diversion payment rate, by (ii) the farm program payment yield for the crop, by (iii) the acreage diverted under this subparagraph, that the diversion payment rate shall be established by the Secretary at not less than $0.275 per pound: Provided, That if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed (I) four million one hundred thousand bales, such rate shall be established by the Secretary at not less than $0.30 per pound, and (II) four million seven hundred thousand bales such rate shall be established by the Secretary at not less than $0.35 per pound, that the Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the 1985 crop as soon as practicable after a producer enters into a land diversion contract with the Secretary and in advance of any determination of performance, and that if a producer fails to comply with a land diversion contract after obtaining an advance payment under this subparagraph, the producer shall repay the advance immediately and, in accordance with regulations issued by the Secretary, pay interest on the advance.

    Enacted provision · exact public law section
    (3) adding at the end of subparagraph (B) the following new sentences: “Notwithstanding the foregoing provisions of this subparagraph, if the Secretary implements a land diversion program for the 1985 crop of upland cotton under the provisions of subparagraph (A), the Secretary shall make crop retirement and conservation payments to any producer of the 1985 crop of upland cotton whose acreage planted to upland cotton for harvest on the farm is reduced so that it does not exceed the upland cotton 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), if any, and who devotes to approved conservation uses an acreage of cropland equivalent to the reduction required from the upland cotton acreage base under this subparagraph. Such payments shall be made in an amount computed by multiplying (i) the diversion payment rate, by (ii) the farm program payment yield for the crop, by (iii) the acreage diverted under this subparagraph. The diversion payment rate shall be established by the Secretary at not less than $0,275 per pound: Provided, That if the Secretary estimates that the quantity of upland cotton on hand in the United States on July 31, 1985 (not including any quantity of upland cotton produced in the United States during calendar year 1985), will exceed (I) four million one hundred thousand bales, such rate shall be established by the Secretary at not less than $0.30 per pound, and (II) four million seven hundred thousand bales such rate shall be established Contracts with U.S. by the Secretary at not less than $0.35 per pound. The Secretary shall make not less than 50 per centum of any payments under this subparagraph to producers of the 1985 crop as soon as practicable after a producer enters into a land diversion contract with the Secretary and in advance of any Compliance, failure. determination of performance. If a producer fails to comply with a land diversion contract after obtaining an advance payment under this subparagraph, the producer shall repay the advance immediately and, in accordance with regulations issued by the Secretary, pay interest on the advance.”.

29. 1985

    Pub. L. 99–114 § 3(1) · 99 Stat. 488

    Inserted · 7 U.S.C. § 1444(h)(2)

    Pub. L. 99–114, § 3(1), inserted “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–114, § 3(1), inserted “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,”.

    Enacted provision · exact public law section
    (1) inserting “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,” after “effective” in the last sentence of paragraph (2); and

30. 1985

    Pub. L. 99–114 § 3(2) · 99 Stat. 488

    1. Inserted · 7 U.S.C. § 1444(h)(4)

       Pub. L. 99–114, § 3(2), inserted “and announce” after “The Secretary shall establish”

    2. Struck · 7 U.S.C. § 1444(h)(4)

       Pub. L. 99–114, § 3(2), struck out sentence which had provided that national program acreage for extra long staple cotton had to be announced by the Secretary not later than November 1 of the calendar year preceding the year for which such acreage was established

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 99–114, § 3(2), inserted “and announce” after “The Secretary shall establish” and struck out sentence which had provided that national program acreage for extra long staple cotton had to be announced by the Secretary not later than November 1 of the calendar year preceding the year for which such acreage was established.

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) inserting “and announce” after “establish” in the first sentence; and (B) striking out the second sentence.

31. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 507(1) · 99 Stat. 1354

    1. Substituted · 7 U.S.C. § 1444(h)(2)

       Pub. L. 99–198, § 507(1), in first sentence substituted “85 percent or the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.” for “50 per centum in excess of the loan level established for each crop of Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States”

    2. Substituted · 7 U.S.C. § 1444(h)(2)

       Pub. L. 99–198, § 507(1), in first sentence substituted “December 1” for “November 1”

    3. Struck · 7 U.S.C. § 1444(h)(2)

       Pub. L. 99–198, § 507(1), in first sentence struck out “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 99–198, § 507(1), in first sentence substituted “85 percent or the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.” for “50 per centum in excess of the loan level established for each crop of Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States”, and, in last sentence substituted “December 1” for “November 1” and struck out “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,”.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) in the first sentence, by striking out “50 per centum in excess of the loan level established for each crop of Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States” and inserting in lieu thereof “85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.”; (B) by striking out “November” in the last sentence and inserting in lieu thereof “December”; and (C) by striking out in the last sentence “, or within 10 days after the loan level for the related crop of upland cotton is announced, whichever is later,”; and

32. 1985

    Food Security Act of 1985

    Pub. L. 99–198 § 507(2) · 99 Stat. 1354

    Added · 7 U.S.C. § 1444(h)(19)

    Pub. L. 99–198, § 507(2), added par. (19)

    Source evidence

    Code amendment note
    Subsec. (h)(19). Pub. L. 99–198, § 507(2), added par. (19).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new paragraph: “(19) Notwithstanding any other provision of law, this subsection Prohibition. shall not be applicable to the 1991 and subsequent crops of extra long staple cotton.”.

33. 1986

    Pub. L. 99–500 § 101(a)(tVI)(s644) · 100 Stat. 1783

    1. Changed · 7 U.S.C. § 1444(h)(16)

       Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641, in generally amending par. (16) identically

    2. Amended · 7 U.S.C. § 1444(h)(16)

       Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641, in generally designated existing provisions as subpar. (A)

    3. Inserted · 7 U.S.C. § 1444(h)(16)

       Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641, in generally inserted “except as provided in subparagraph (B),”

    4. Added · 7 U.S.C. § 1444(h)(16)

       Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641, in generally added subpars. (B) and (C)

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (h)(16). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–641, in generally amending par. (16) identically, designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B),” and added subpars. (B) and (C).

34. 1987

    Pub. L. 100–203 title I § 1101(d) · 101 Stat. 1330

    1. Substituted · 7 U.S.C. § 1444(h)(3)(B)

       Pub. L. 100–203 temporarily (see Effective and Termination Dates of 1987 Amendment note below) substituted “Except as provided in clause (ii), the” for “The”

    2. Added · 7 U.S.C. § 1444(h)(3)(B)

       Pub. L. 100–203 temporarily (see Effective and Termination Dates of 1987 Amendment note below) added cl. (ii) which read as follows: “In the case of each of the 1988 and 1989 crops of extra long staple cotton, the established price for each such crop shall be 118.3 percent of the loan level determined for such crop under paragraph (2).”

    Source evidence

    Code amendment note
    Subsec. (h)(3)(B). Pub. L. 100–203 temporarily (see Effective and Termination Dates of 1987 Amendment note below) substituted “Except as provided in clause (ii), the” for “The” and added cl. (ii) which read as follows: “In the case of each of the 1988 and 1989 crops of extra long staple cotton, the established price for each such crop shall be 118.3 percent of the loan level determined for such crop under paragraph (2).”

    Enacted provision · exact public law section
    (d) Extra Long Staple Cotton.— Effective only for the 1988 and 1989 crops of extra long staple cotton, section 103(h)(8)(B) of such Act (7 U.S.C. 1444(h)(3)(B)) is amended— (1) by striking out “The” and inserting in lieu thereof “Except as provided in clause (ii), the”; and (2) by adding at the end thereof the following new clause: “(ii) In the case of each of the 1988 and 1989 crops of extra long staple cotton, the established price for each such crop shall be 118.3 percent of the loan level determined for such crop under paragraph (2).”.

35. 1988

    Pub. L. 100–331 § 2 · 102 Stat. 602

    1. Amended · 7 U.S.C. § 1444(h)(8)(A)

       Pub. L. 100–331, § 2, designated existing provisions as cl. (i)

    2. Added · 7 U.S.C. § 1444(h)(8)(A)

       Pub. L. 100–331, § 2, added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (h)(8)(A). Pub. L. 100–331, § 2, designated existing provisions as cl. (i) and added cl. (ii).

    Enacted provision · exact public law section
    SEC. 2. PROHIBITION ON INCREASES IN CROP ACREAGE BASES, Section 103(h)(8)(A) of such Act is amended by— (1) designating the existing subparagraph as subparagraph “(A)(i)”; and (2) adding at the end thereof the following new clause: “(ii) Notwithstanding any other provision of this Act, the Secretary shall ensure, under such terms and conditions as may be prescribed by the Secretary, that the total of the crop acreage bases established on a farm which is enrolled in a production adjustment program for any commodity shall not be increased as a result of the application of the provisions set forth in paragraph (16)(C), as extended for the 1989 and 1990 crop.”.

36. 1988

    Pub. L. 100–331 § 1 · 102 Stat. 602

    Substituted · 7 U.S.C. § 1444(h)(16)(C)

    Pub. L. 100–331, § 1, substituted “through 1990” for “and 1988”

    Source evidence

    Code amendment note
    Subsec. (h)(16)(C). Pub. L. 100–331, § 1, substituted “through 1990” for “and 1988”.

    Enacted provision · exact public law section
    SECTION 1. EXTENSION OF RELEASE FROM CROSS-COMPLIANCE REQUIREMENTS. 7 USC 1444. Section 103(h)(16)(C) of the Agricultural Act of 1949 is amended by striking out “and 1988” and inserting in lieu thereof “through 1990”.

37. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1214(w) · 102 Stat. 1107

    Substituted · 7 U.S.C. § 1444(f)(3)

    Pub. L. 100–418 substituted “subheadings 9904.30.10 through 9904.30.30 of chapter 99 of the Harmonized Tariff Schedule of the United States” for “items 955.01 through 955.03 of the Appendix to the Tariff Schedules of the United States”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 100–418 substituted “subheadings 9904.30.10 through 9904.30.30 of chapter 99 of the Harmonized Tariff Schedule of the United States” for “items 955.01 through 955.03 of the Appendix to the Tariff Schedules of the United States”.

    Enacted provision · exact public law section
    (w) Agricultural Act of 1949.— Section 103(f)(3) of the Agricultural Act of 1949 (7 U.S.C. 1444(f)(3)) is amended by striking out “items 955.01 through 955.03 of the Appendix to the Tariff Schedules of the United States” and inserting “subheadings 9904.30.10 through 9904.30.30 of chapter 99 of the Harmonized Tariff Schedule of the United States”.

38. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(b)(1) · 104 Stat. 3359

    1. Substituted · 7 U.S.C. § 1444(h)(3)(A)

       Pub. L. 101–624, § 506(b)(1), substituted “paragraph (5)(A)” for “paragraph (6) or paragraph (8)(A) of this subsection”

    2. Substituted · 7 U.S.C. § 1444(h)(3)(A)

       Pub. L. 101–624, § 506(b)(1), substituted “paragraph (4)” for “paragraph (7) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (h)(3)(A). Pub. L. 101–624, § 506(b)(1), substituted “paragraph (5)(A)” for “paragraph (6) or paragraph (8)(A) of this subsection” and “paragraph (4)” for “paragraph (7) of this subsection”.

    Enacted provision · exact public law section
    (1) in paragraph (3)(A)— (A) by striking “paragraph (6) or paragraph (8)(A) of this subsection” and inserting “paragraph (5)(A)”; and (B) by striking “paragraph (7) of this subsection” and inserting “paragraph (4)”;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

39. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(b)(2) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 1444(h)(3)(C)

    Pub. L. 101–624, § 506(b)(2), substituted “paragraph (5)(A)” for “paragraph (8)(A) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (h)(3)(C). Pub. L. 101–624, § 506(b)(2), substituted “paragraph (5)(A)” for “paragraph (8)(A) of this subsection”.

    Enacted provision · exact public law section
    (2) in paragraph (3)(C), by striking “paragraph (8)(A) of this subsection” and inserting “paragraph (5)(A)”;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

40. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(1) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1444(h)(4)

       Pub. L. 101–624, § 506(a)(1), (2), redesignated par. (7) as (4)

    2. Struck · 7 U.S.C. § 1444(h)(4)

       Pub. L. 101–624, § 506(a)(1), (2), struck out former par. (4) which related to establishment of a national program acreage for extra long staple cotton by Secretary

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 101–624, § 506(a)(1), (2), redesignated par. (7) as (4) and struck out former par. (4) which related to establishment of a national program acreage for extra long staple cotton by Secretary.

    Enacted provision · exact public law section
    (1) by striking paragraphs (4) through (6);

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

41. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(1) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1444(h)(5)

       Pub. L. 101–624, § 506(a)(1)–(3), redesignated par. (8) as (5)

    2. Inserted · 7 U.S.C. § 1444(h)(5)

       Pub. L. 101–624, § 506(a)(1)–(3), inserted “(including a zero percentage reduction)” after “reduction” in subpar. (A)(i)

    3. Struck · 7 U.S.C. § 1444(h)(5)

       Pub. L. 101–624, § 506(a)(1)–(3), struck out former par. (5) which required Secretary to determine a program allocation factor, not to exceed 100 per centum for each crop of extra long staple cotton

    Source evidence

    Code amendment note
    Subsec. (h)(5). Pub. L. 101–624, § 506(a)(1)–(3), redesignated par. (8) as (5), inserted “(including a zero percentage reduction)” after “reduction” in subpar. (A)(i), and struck out former par. (5) which required Secretary to determine a program allocation factor, not to exceed 100 per centum for each crop of extra long staple cotton.

    Enacted provision · exact public law section
    (1) by striking paragraphs (4) through (6);

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

42. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(b)(3) · 104 Stat. 3359

    Struck · 7 U.S.C. § 1444(h)(5)

    Pub. L. 101–624, § 506(b)(3), struck out before last sentence in subpar. (A)(i) the following: “If an acreage limitation program is announced under this paragraph for a crop of extra long staple cotton, paragraphs (4), (5), and (6) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraphs with respect to such crop.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–624, § 506(b)(3), struck out before last sentence in subpar. (A)(i) the following: “If an acreage limitation program is announced under this paragraph for a crop of extra long staple cotton, paragraphs (4), (5), and (6) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraphs with respect to such crop.”

    Enacted provision · exact public law section
    (3) in paragraph (5)(A)(i) (as redesignated by subsection (a)(2)), by striking the next to last sentence;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

43. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(b)(4) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 1444(h)(5)

    Pub. L. 101–624, § 506(b)(4), substituted “paragraph (13)(C)” for “paragraph (16)(C)” in subpar. (A)(ii)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–624, § 506(b)(4), substituted “paragraph (13)(C)” for “paragraph (16)(C)” in subpar. (A)(ii).

    Enacted provision · exact public law section
    (4) in paragraph (5)(A)(ii) (as redesignated by subsection (a)(2)), by striking “paragraph (16)(C)” and inserting “paragraph (13)(C)”; and

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

44. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(b)(5) · 104 Stat. 3359

    Substituted · 7 U.S.C. § 1444(h)(6)

    Pub. L. 101–624, § 506(b)(5), substituted “paragraph (5)” for “paragraph (8) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (h)(6). Pub. L. 101–624, § 506(b)(5), substituted “paragraph (5)” for “paragraph (8) of this subsection”.

    Enacted provision · exact public law section
    (5) in paragraph (6) (as redesignated by subsection (a)(2)), by striking “paragraph (8) of this subsection” and inserting “paragraph (5)”.

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

45. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(1) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1444(h)(6)

       Pub. L. 101–624, § 506(a)(1), (2), redesignated par. (9) as (6)

    2. Struck · 7 U.S.C. § 1444(h)(6)

       Pub. L. 101–624, § 506(a)(1), (2), struck out former par. (6) which provided a formula for determining individual farm program acreage for each crop of extra long staple cotton by multiplying allocation factor by acreage of extra long staple cotton planted for harvest on each farm for which individual farm program acreages are required to be determined

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–624, § 506(a)(1), (2), redesignated par. (9) as (6) and struck out former par. (6) which provided a formula for determining individual farm program acreage for each crop of extra long staple cotton by multiplying allocation factor by acreage of extra long staple cotton planted for harvest on each farm for which individual farm program acreages are required to be determined.

    Enacted provision · exact public law section
    (1) by striking paragraphs (4) through (6);

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

46. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(2) · 104 Stat. 3359

    Redesignated · 7 U.S.C. § 1444(h)(7)(12)

    Pub. L. 101–624, § 506(a)(2), redesignated pars. (10) to (15) as (7) to (12), respectively. Former pars. (7) to (9) redesignated (4) to (6), respectively

    Source evidence

    Code amendment note
    Subsec. (h)(7) to (12). Pub. L. 101–624, § 506(a)(2), redesignated pars. (10) to (15) as (7) to (12), respectively. Former pars. (7) to (9) redesignated (4) to (6), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) through (19) as paragraphs (4) through (16), respectively;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

47. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(2) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1444(h)(13)

       Pub. L. 101–624, § 506(a)(2), (4), redesignated par. (16) as (13)

    2. Redesignated · 7 U.S.C. § 1444(h)(13)

       Pub. L. 101–624, § 506(a)(2), (4), struck out par. (13) as so redesignated

    3. Redesignated · 7 U.S.C. § 1444(h)(13)

       Pub. L. 101–624, § 506(a)(2), (4), added new par. (13). Former par. (13) redesignated (10). Prior to being struck out, par. (13) read as follows:

    Source evidence

    Code amendment note
    Subsec. (h)(13). Pub. L. 101–624, § 506(a)(2), (4), redesignated par. (16) as (13), struck out par. (13) as so redesignated, and added new par. (13). Former par. (13) redesignated (10). Prior to being struck out, par. (13) read as follows:

    “(A) Notwithstanding any other provision of law, except as provided in subparagraph (B), 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 or payments under this subsection. “(B) In the case of each of the 1989 and 1990 crops of extra long staple cotton, the Secretary may require that, as a condition of eligibility of producers for loans or payments under this subsection, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base established for the farm for that commodity. “(C) Notwithstanding any other provision of law, in the case of each of the 1987 through 1990 crops of extra long staple cotton, compliance with the terms and conditions of the program authorized by this subsection may not be required as a condition of eligibility for loans, purchases, or payments under any other commodity program.”

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) through (19) as paragraphs (4) through (16), respectively;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

48. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(2) · 104 Stat. 3359

    Redesignated · 7 U.S.C. § 1444(h)(14); 7 U.S.C. § 1444(h)(15)

    Pub. L. 101–624, § 506(a)(2), redesignated pars. (17) and (18) as (14) and (15), respectively. Former pars. (14) and (15) redesignated (11) and (12), respectively

    Source evidence

    Code amendment note
    Subsec. (h)(14), (15). Pub. L. 101–624, § 506(a)(2), redesignated pars. (17) and (18) as (14) and (15), respectively. Former pars. (14) and (15) redesignated (11) and (12), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) through (19) as paragraphs (4) through (16), respectively;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

49. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(2) · 104 Stat. 3359

    1. Redesignated · 7 U.S.C. § 1444(h)(16)

       Pub. L. 101–624, § 506(a)(2), (5), redesignated par. (19) as (16)

    2. Redesignated · 7 U.S.C. § 1444(h)(16)

       Pub. L. 101–624, § 506(a)(2), (5), substituted “1996” for “1991”. Former par. (16) redesignated (13)

    Source evidence

    Code amendment note
    Subsec. (h)(16). Pub. L. 101–624, § 506(a)(2), (5), redesignated par. (19) as (16) and substituted “1996” for “1991”. Former par. (16) redesignated (13).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) through (19) as paragraphs (4) through (16), respectively;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

50. 1990

    Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 § 506(a)(2) · 104 Stat. 3359

    Redesignated · 7 U.S.C. § 1444(h)(17)(19)

    Pub. L. 101–624, § 506(a)(2), redesignated pars. (17) to (19) as (14) to (16), respectively

    Source evidence

    Code amendment note
    Subsec. (h)(17) to (19). Pub. L. 101–624, § 506(a)(2), redesignated pars. (17) to (19) as (14) to (16), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) through (19) as paragraphs (4) through (16), respectively;

    Effective date note
    Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.

69 of 76 references resolved to an enrolled provision · 3 partial · 4 unresolved