the acreage allotment for such farm, the entire acreage allotment for such farm (excluding any allotment released from the farm or reapportioned to the farm and any allotment provided for the farm pursuant to subsection (f)(7)(A) of section 344) shall, except as provided herein, be considered for the purpose of establishing future State, county and farm acreage allotments to have been planted to such commodity in such year on such farm, but the 1956 acreage allotment of any commodity shall be regarded as planted under this section only if the owner or operator on such farm notified the county committee prior to the sixtieth day preceding the beginning of the marketing year for such commodity of his desire to preserve such allotment: Provided, That beginning with the 1960 crop, except for federally owned land, the current farm acreage allotment established for a commodity shall not be preserved as history acreage pursuant to the provisions of this section unless for the current year or either of the two preceding years an acreage equal to 75 per centum or more of the farm acreage allotment for such year or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under section 103(b) of the Agricultural Act of 1949, as amended, 75 per centum of the farm domestic allotment established under section 350 for any such year, whichever is smaller was actually planted or devoted to the commodity on the farm (or was regarded as planted under provisions of the Soil Bank Act or the Great Plains program): Provided further, That this section shall not be applicable in any case, within the period 1956 to 1959, in which the amount of the commodity required to be stored to postpone or avoid payment of penalty has been reduced because the allotment was not fully planted. Acreage history credits for released or reapportioned acreage shall be governed by the applicable provisions of this title pertaining to the release and reapportionment of acreage allotments. (7 U.S.C. 1377.)

TRANSFER OF ACREAGE ALLOTMENTS AND FEED GRAIN BASIS ON STATE

FARMS

[Food and Agriculture Act of 1965. Sec. 706.9 Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended, or section 16 of the Soil Conservation and Domestic Allotment Act, as amended, 10 from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base

Sec. 601 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 933, Sept. 29, 1977, and to the 1976 and 1977 crops of rice by Sec. 103 of the Rice Production Act of 1975, P.L. 94-214, 90 Stat. 187, Feb. 16, 1976, and the 1978-81 crops of rice by Sec. 703 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 943, Sept. 29, 1977. The provision as to peanuts was added by Sec. 806 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 947, Sept. 29, 1977, effective for the 1978-81 crops of peanuts.

P.L. 89-321, 79 Stat. 1210, Nov. 3, 1965.

10 The words "or the Agricultural Act of 1949, as amended" were added at this point by section 405 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1366, Nov. 30, 1970, effective with respect to the 1971, 1972, and 1973 crops of wheat. Section 1 (12) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 229, Aug. 10, 1973, made this change also applicable to the 1974 through 1977 crops.

an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfer are not fulfilled.11 (7 U.S.C. 1305.)]

EMINENT DOMAIN

SEC. 378.12 (a) Notwithstanding any other provision of this Act, the allotment determined for any commodity for any land from which the owner is displaced because of acquisition of the land for any purpose, other than for the continued production of allotted crops, by any Federal, State, or other agency having the right of eminent domain shall be placed in an allotment pool and shall be available only for use in providing allotments for other farms owned by the owners so displaced. Upon application to the county committee, within three years after the date of such displacement, any owner so displaced shall be entitled to have allotments established for other farms owned by him, taking into consideration the land, labor, and equipment available on such other farms for the production of the commodity, crop-rotation practices, and the soil and other physical factors affecting the production of the commodity:13 Provided, That the acreage used to establish or increase the allotments for such farms shall be transferred from the pool and shall not exceed the allotment most recently established for the farm acquired from the applicant and placed in the pool. During the period of eligibility for the making of allotments under this section for a displaced owner, acreage allotments for the farm from which the owner was so displaced shall be established in accordance with the procedure applicable to other farms, and such allotment shall be considered to have been fully planted. After such allotment is made under this section, the proportionate part, or all, as the case may be, of the past acreage used in establishing the allotment most recently placed in the pool for the farm from which the owner was so displaced shall be transferred to and considered for the purposes of future State, county, and farm acreage allotments to have been planted on the farm to which

"Provisions that the term "acreage allotments", as used in this section, included upland cotton farm base acreage allotments and wheat domestic allotments were added at the end of this section by sections 405 and 606 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1366, 1378, Nov. 30, 1970, effective with respect to the 1971, 1972, and 1973 crops. The Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 229, 235, Aug. 10, 1973, repealed the wheat provision and continued the cotton provision through the 1977 crop.

12 Sec. 378 was added by Sec. 501 of the Agriculture Act of 1958, P.L. 85-835, 72 Stat. 995, Aug. 28, 1958. Sec. 501 also repealed Sections 313(h), 334(d), 344(h), 353(f), and 358(h) of the Agricultural Adjustment Act of 1938, as amended, and provided that any transfer or reassignment of allotment heretofore made under the provisions of these sections shall remain in effect, and any displaced farm owner for whom an allotment has been established under such repealed sections shall not be eligible for additional allotment under section 378(a) because of such displacement.

13 The second sentence of Section 378(a) was amended to substitute new language for previous language by Pub. L. 92-354, 86 Stat. 499, approved July 26, 1972.

allotment is made under this section. Except where paragraph (c) requires the transfer of allotment to another portion of the same farm, for the purpose of this section (1) that part of any farm from which the owner is so displaced and that part from which he is not so displaced shall be considered as separate farms; and (2) an owner who voluntarily relinquishes possession of the land subsequent to its acquisition by an agency having the right of eminent domain shall be considered as having been displaced because of such acquisition. The former owner of land acquired as described in this subsection shall not be considered for the purposes hereof to have been displaced from such land during any period for which such land is leased to such former owner: Provided, That the occupancy of the former owner under the lease follows immediately after his occupancy as owner: And provided further, That if a former owner has been displaced prior to the effective date of this amendment and no allotment from the land owned by such former owner has been transferred from the allotment pool and such former owner leases the land formerly owned by him prior to two years from the effective date of this amendment such allotment shall be retransferred from the pool to such land and the occupancy of such former owner under the lease for the purposes of this subsection shall be deemed to have begun immediately after his displacement as owner. During any year of the 3-year period the allotment from a farm may remain in the allotment pool, the displaced owner may, in accordance with regulations of the Secretary, release for one year at a time any part or all of such farm allotment to the county committee for reapportionment to other farms in the county having allotments for such commodity on the basis of the past acreage of the commodity, land, labor, equipment available for the production of the commodity, crop rotation practices, and soil and other physical facilities affecting the production of the commodity; and the allotment reapportioned shall, for purposes of establishing future farm allotments, not be regarded as planted on the farm to which the allotment was transferred. (7 U.S.C. 1378(a).)

(b) The provisions of this section shall not be applicable if (1) there is any marketing quota penalty due with respect to the marketing of the commodity from the farm acquired by the Federal, State, or other agency or by the owner of the farm; (2) any of the commodity produced on such farm has not been accounted for as required by the Secretary; or (3) the allotment next established for the farm acquired by the Federal, State, or other agency would have been reduced because of false or improper identification of the commodity produced on or marketed from such farm or due to a false acreage report. (7 U.S.C. 1378(b).)

(c) This section shall not be applicable, in the case of cotton, tobacco, and peanuts, to any farm from which the owner was displaced prior to 1950, in the case of wheat and corn, to any farm from which the owner was displaced prior to 1954, and in the case of rice, to any farm from which the owner was displaced prior to 1955. In any case where the cropland acquired for nonfarming purposes from an owner by an agency having the right of eminent domain represents less than 15 per centum of the total cropland on the farm, the allotment attributable to that portion of the farm so acquired shall be transferred to that portion of the farm not so acquired. (7 U.S.C. 1378(c).)

(d)14 The term "allotment" as used in this section includes the farm base acreage allotment for upland cotton. (7 U.S.C. 1378(d).)

(e)15 The term "allotment" as used in this section includes the domestic allotment for wheat. (7 U.S.C. 1378(e).)

(f)16 In applying the provisions of this section to a farm for which a tobacco marketing quota has been determined under section 319 of this Act, the words "allotment" and "acreage", wherever they appear, shall be construed to mean "marketing quota" and "poundage", respectively, as required. (7 U.S.C. 1378(f).)

RECONSTITUTION OF FARMS

SEC. 37917 In any case in which the ownership of a tract of land is transferred from a parent farm, the acreage allotments, history acreages, and base acreages for the farm shall be divided between such tract and the parent farm in the same proportion that the cropland acreage in such tract bears to the cropland acreage in the parent farm, except that the Secretary shall provide by regulation the method to be used in determining the division, if any, of the acreage allotments, histories, and bases in any case in which

(1) the tract of land transferred from the parent farm has been or is being transferred to any agency having the right to acquire it by eminent domain;

(2) the tract of land transferred from the parent farm is to be used for nonagricultural purposes;

(3) the parent farm resulted from a combination of two or more tracts of land and records are available showing the contribution of each tract to the allotments, histories, and bases of the parent farm;

(4) the appropriate county committee determines that a division based on cropland proportions would result in allotments and bases not representative of the operations normally carried out on any transferred tract during the base period;

or

(5) the parent farm is divided among heirs in settling an estate;

(6) neither the tract transferred from the parent farm nor the remaining portion of the parent farm receives allotments in excess of allotments for similar farms in the community having allotments of the commodity or commodities involved and such allotments are consistent with good land uses, but this clause (6) shall not be applicable in the case of burley tobacco. 18 (7 U.S.C. 1379.)

14 Sec. 605 of the Agriculture Act of 1970, P.L. 91-524, 84 Stat. 1378, Nov. 30, 1970, added subsection (d), effective only with respect to the 1971 through 1973 crops. Sec. 1(22) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 235, Aug. 10, 1973, extended this subsection through the 1977 crop.

15 Sec. 404 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1378, Nov. 30, 1970 added subsection (e), effective only with respect to the 1971 through 1973 crops. Sec. 1(11) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 229, Aug. 10, 1973 extended this subsection through the 1977 crop.

16 Subsection 378(f) was added by P. L. 92-10, 85 Stat. 26, April 14, 1971.

17 Sec. 379 was added by Sec. 707 of the Food and Agriculture Act of 1965, P. L. 89-321, 79 Stat. 1211, Nov. 3, 1965. 18 The provisions "The term "acreage allotments" as used in this section includes the farm base acreage allotments for upland cotton. The term "acreage allotments" as used in this section includes the domestic allotment for wheat." were added at the end of this section by Secs. 404 and 605 of the Agricultural Act of 1970, P. L. 91-524, 84 Stat. 1378, Nov. 30, 1970, effective only with respect to the 1971, 1972, and 1973 crops. Sec. 1(11) and Sec. 1(22) of the Agriculture and Consumer Protection Act of 1973, P. L. 93-86, 87 Stat. 235, Aug. 10, 1973, made them also applicable through the 1977 crop.

[AGRICULTURAL ACT OF 197019

VOLUNTARY RELINQUISHMENT OF ALLOTMENTS

SEC. 803. Notwithstanding any other provision of law, the Secretary may provide for the reduction or cancellation of any allotment or base when the owner of the farm states in writing that he has no further use of such allotment or base. (16 U.S.C. 590q-2.)]

19 P. L. 91-524, 84 Stat. 1381, Nov. 30, 1970.