Page images
PDF
EPUB

Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection. There are hereby authorized to be appropriated to the Commodity Credit Corporation such sums as the Congress may from time to time determine to be necessary to carry out the purposes of this subsection. (7 U.S.C. 1441 note.)

[AGRICULTURAL ACT OF 1970°

SEC. 610. The Commodity Credit Corporation, in furtherance of its powers and duties under subsections (e) and (f) of section 5 of the Commodity Credit Corporation Charter Act, shall through the Cotton Board established under the Cotton Research and Promotion Act, and upon approval of the Secretary, enter into agreements with the contracting organization specified pursuant to section 7(g) of that Act for the conduct, in domestic and foreign markets, of market development, research or sales promotion programs and programs to aid in the development of new and additional markets, marketing facilities and uses for cotton and cotton products, including programs to facilitate the utilization and commercial application of research findings. Each year the amount available for such agreements shall be 10 million dollars.15a The Secretary is authorized to deduct from funds available for payments to producers under section 103 of the Agricultural Act of 1959, as amended, on each of the 1972 through 1977 15a crops of upland cotton such additional sums for use as specified above (not exceeding $10,000,000 for each crop) as he determines desirable; and the final rate of payment provided in section 103 if higher than the rate of the preliminary payment provided in such section shall be reduced to the extent necessary to defray such costs. No funds made available under this section shall be used for the purpose of influencing legislative action or general farm policy with respect to cotton. (7 U.S.C. 2119.)]

FEED GRAIN PROGRAM

[Sec. 105 as set out below was originally applicable to the 1974 crops of feed grains. However, the Food and Agriculture Act of 1977 made Subsecs. 105 (a) and (b) (1) inapplicable to the 1977 crops of feed grains, except as otherwise provided by Sec. 501 of the Act.]

15 P.L. 91-524, 84 Stat. 1378, Nov. 30, 1970. Sec. 610 was repealed effective Oct. 1, 1977, by P.L. 94-366, 90 Stat. 991, July 14, 1976.

15a Sec. 1(23) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 235, Aug. 10, 1973, deleted the provision that the funds available each year should be from funds authorized to be made available to cooperators but not paid because of a statutory limitation on payments to any producer and substituted "through 1977" for "and 1973".

SEC. 105.16 Notwithstanding any other provision of law

16 Sec. 501 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1368, Nov. 30, 19 completely amended section 105, effective only with respect to the 1971, 1972, and 1 crops of feed grains. See p. 172 of Agricultural Handbook No. 444. Sec. 1(18) of t Agriculture and Consumer, Protection Act of 1973, P.L. 93-86, 87 Stat. 230, Aug. 1973, made the amended version, wih additional changes noted below, applicable a to the 1974 through 1977 crops. This is the version in the text. Sec. 504 of the F and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 933, Sept. 29, 1977, made Subs 105(a) and (b)(1), as added by the 1970 Act and amended by the 1973 Act, in plicable to the 1977 crop of feed grains except as otherwise provided in Sec. 501 the 1977 Act.

Sec. 503 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 933, Se 29, 1977, made the original version of Sec. 105 inapplicable for the 1977 through 1 crops of feed grains. Subsecs. 105 (a) and (b) were originally added to the 1949 by the Agricultural Act of 1958, P.L. 85-835, 72 Stat. 994, Aug. 28, 1958. This versi as amended, has not been repealed and will once more take effect with the 1982 c of feed grains. This suspended version reads as follows:

"Sec. 105. (a) Notwithstanding the provisions of section 101 of this Act, beginn with the 1964 crop, price support shall be made available to producers for each crop corn at such level, not less than 50 per centum or more than 90 per centum of parity price therefor, as the Secretary determines will not result in increasing C modity Credit Corporation stocks of corn: Provided, That in the case of any crop which an acreage diversion program is in effect for feed grains, the level of price s port for corn of such crop shall be at such level not less than 65 per centum or m than 90 per centum of the parity price therefor as the Secretary determines necess to achieve the acreage reduction goal establishd by him for the crop."

"(b) Beginning with the 1959 crop, price support shall be made available to I

section (c)(1). 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 be diverted under agreements in any county or local community so as not to adversely affect the economy of the county or local community.

(3) The feed grain 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, and 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, in the case of programs for the 1974 through 1977 crops, pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences.17 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.

(4) 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 feed grains included in the set-aside program and payments under this section shall be made available to 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 shall so provide. The Secretary may, by mutual agreement with the producer, terminate or modify any such agreement entered into pursuant to this subsection (c) (4) if he determines such action necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in

the supply of agricultural commodities.

(d) The Secretary shall provide for the sharing of payments under this section among producers on the farm on a fair and equitable

basis.

(c) (1) 17 * **

(2) The Secretary may make such adjustments in acreage under this section as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, and topography, and in

Act of 1973. P.L. 93-86, 87 Stat. 232, Aug. 10, 1973.

11 This sentence was added by Sec. 1(18) of the Agriculture and Consumer Protection 1 Sec 105 (e) (1) and (3) deleted by Sec. 1(18) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 232, Aug. 10, 1973.

addition, in the case of conserving use acreages to such other factors as he deems necessary in order to establish a fair and equitable conserving use acreage for the farm. The Secretary shall, upon the request of a majority of the State committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, adjust the feed grain allotments 17b for farms within any State or county in order to establish fair and equitable feed grain allotments 17b for farms within such State or county: Provided, That except for acreage provided for in subsection (b) (3), adjustments made pursuant to this sentence shall not increase the total State feed grain acreage. The Secretary is authorized to draw upon the acreage pool provided for in subsection (b) (3) in making such adjustments. Notwithstanding any other provision of this subsection, the feed grain base for the farm shall be adjusted downward to the extent required by subsection (b) (3).

(3)

17a ***

(f) 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.

(g)

***18

(h) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this section.

(i) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (7 U.S.C. 1444b.)

FEED GRAINS LOAN RATES AND TARGET PRICES FOR THE

1977 THROUGH 1981 CROPS

[Sec. 105A is effective only for the 1977 through 1981 crops of corn and feed grains.]

SEC. 105A.18 Notwithstanding any other provision of law

(a) (1) The Secretary shall make available to producers loans and purchases at such level, not less than $2.00 per bushel, for each of the 1977 through 1981 crops of corn, as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains in the United States: Provided, That if the Secretary determines that the average price of corn received by producers in any marketing year is not more than 105 per centum of the level of loans and purchases for corn for such marketing year, the Secretary may reduce the level of loans and purchases for corn for

17 Sec. 1(13) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 232, Aug. 10, 1973, amended Sec. 105 (e) (2) by changing "bases" to "allotments" wherever it appeared.

18 Sec. 105 (g) deleted by Sec. 1(18) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 232, Aug. 10, 1973.

18a Sec. 105A (a) through (c) were added by Sec. 501 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 928, Sept. 29, 1977, effective for the 1977 through 1981 crops.

the next marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain, except that the level of loans and purchases shall not be reduced by more than 10 per centum in any year nor below $1.75 per bushel.

(2) The Secretary shall make available to producers loans and purchases on each of the 1977 through 1981 crops of barley, oats, and rye, respectively, at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of such commodity in relation to corn and other factors specified in section 401(b) of this Act, and on each crop of grain sorghums at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value and average transportation costs to market of grain sorghums in relation to corn.

(b) 18a(1)(A) In addition, the Secretary shall make available to producers payments for each of the 1977 through 1981 crops of corn, grain sorghums, and, if designated by the Secretary, oats and barley, in an amount computed as provided in this subsection. Payments for the 1977 crop shall be computed by multiplying (i) the payment rate, by (ii) the allotment for the farm for such crop, by (iii) the yield established for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. Payments for each of the 1978 through 1981 crops shall be computed by multiplying (i) the payment rate, by (ii) the farm program acreage for the crop, by (iii) the farm program payment yield for the crop. In no event shall payments be made under this paragraph for any of the 1978 through 1981 crops on a greater acreage than the acreage actually planted to such feed grains.

(B) The payment rate for corn shall be the amount by which the higher of—

(1) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or

crop

(2) the loan level determined under subsection (a) for such

is less than the established price per bushel. The established price for corn shall be $2.00 per bushel in the case of the 1977 crop, except that the established price shall be $1.70 per bushel with respect to any acreage not planted to corn within the feed grain allotment. The established price for corn shall be $2.10 per bushel in the case of the 1978 crop, and for the 1979 through 1981 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 be determined by the Secretary on the basis of such information as the Secretary finds necessary and

« PreviousContinue »