TITLE I-PAYMENT LIMITATION FOR WHEAT, FEED PAYMENT LIMITATION [Sec. 101 is effective only for the 1978 through 1981 crops.] SEC. 101. Notwithstanding any other provision of law (1) The total amount of payments (excluding disaster payments)2 which a person shall be entitled to receive under (A) one or more of the annual programs established under the Agricultural Act of 1949, as amended, and the Agricultural Adjustment Act of 1938, as amended, for wheat, feed grains, and upland cotton shall not exceed $40,000 for the 1978 crop and $45,000 for the 1979 crop; (B) the annual rice program established under such Acts shall not exceed $52,250 for the 1978 crop and $50,000 for the 1979 crop; and (C) one or more of the annual programs established under such Acts for wheat, feed grains, upland cotton, and rice shall not exceed $50,000 for each of the 1980 and 1981 crops. (2)2 Beginning with the 1980 crop year, the total amount of disaster payments that a person shall be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949, as amended, and the Agricultural Adjustment Act of 1938, as amended, for wheat, feed grains, upland cotton, and rice for any crop year shall not exceed $100,000. (3) The term "payments" as used in this section shall not include loans or purchases, or any part of any payment which is determined by the Secretary of Agriculture to represent compensation for2 resource adjustment (excluding land diversion payments) or public access for recreation. (4) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such 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. (5) The Secretary shall issue regulations defining the term "person" and prescribing such rules as the Secretary determines necessary to assure a fair and reasonable application of such limitation: Provided. That the provisions of this section 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 1P.L. 95-113, 91 Stat. 917, Sept. 29, 1977. For Sec. 102, see p. 54-1; Sec. 606, p. 12-3; Sec. 1105, p. 42-10; Secs. 1209, 1210, p. 25-9. 2 Sec. 5 of the Agricultural Adjustment Act of 1980, P.L. 96-213, 94 Stat. 120, March 18, 1980, added "(excluding disaster payments)" in (1), added (2), redesignated the original subsections (2), (3), and (4) as (3), (4), and (5), and deleted a reference to disaster loss payments in the redesignated (3). may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970. (7 U.S.C. 1308.) TITLE X-MISCELLANEOUS NORMALLY PLANTED ACREAGE AND TARGET PRICES [Sec. 1001 is effective only for the 1980 and 1981 crops.] SEC. 1001.3(a) Notwithstanding any other provision of law, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments under the Agricultural Act of 1949, that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers. The acreage for any farm normally planted to crops designated by the Secretary shall be reduced by any set-aside or diverted acreage. (b) Notwithstanding any other provision of law (1) Whenever the Secretary, for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price for any such commodity by the amount the Secretary determines appropriate to compensate producers for not exceed ing the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. (2) In determining the amount of any increase in the established price for any commodity under this subsection, the Secretary shall take into account changes in the cost of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required setaside with respect to such commodity. (3) If the established price is increased for any commodity under this subsection, the Secretary may increase the established price for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. (4) The Secretary shall adjust any increase in the established price under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined. (c) Notwithstanding any other provision of this section, producers of the 1980 crop of any commodity who exceed the acreage on the farm normally planted to crops designated by the Secretary may receive loans and purchases and, in the case of commodities for which there is The original Sec. 1001, which related to reducing normally planted acreage by set-aside or diversion acreage, applied only to the 1978 through 1981 crops. The section was amended by the Act of May 15, 1978, P.L. 95-279, 92 Stat. 240, and the Act of Aug. 4, 1978, P.L. 95-334, 92 Stat. 420. The present provisions of Sec. 1001 were substituted by Sec. 6 of the Agricultural Adjustment Act of 1980, P.L. 96-213, 94 Stat. 120, March 18, 1980. an established price, payments based on the established price for the commodity as determined under the applicable provisions of the Agricultural Act of 1949 in effect on the date preceding the date of enactment of the Agricultural Adjustment Act of 1980. (7 U.S.C. 1309.) AMERICAN AGRICULTURE PROTECTION PROGRAM SEC. 1002. (a) Notwithstanding any other provision of law, whenever the President or any other member of the executive branch of the Federal Government causes to be suspended, based upon a determination of short supply, the commercial export sales of any commodity, as defined in subsection (c) of this section, to any country or area with which the United States otherwise continues commercial trade, the Secretary of Agriculture shall, on the day the suspension is initiated, set the loan level for such commodity under the Agricultural Act of 1949, as amended, if a loan program is in effect for the commodity, at 90 per centum of the parity price for the commodity, as such parity price is determined on the day the suspension is initiated. (b) Any loan level established pursuant to subsection (a) of this section shall remain in effect as long as the suspension of commercial export sales described in subsection (a) remains in effect. (c) For purposes of this section, the term "commodity" shall include any of the following: wheat, corn, grain sorghum, soybeans, oats, rye, barley, rice, flaxseed, and cotton. (7 U.S.C. 1310.) |