wage rates, interest, and taxes for the calendar year 1959. (c) 19 If acreage poundage or poundage farm marketing quotas are in effect under section 317 or 319 of the Agricultural Adjustment Act of 1938, as amended, (1) price support shall not be made available on tobacco marketed in excess of 110 per centum of the marketing quota (after adjustments) for the farm on which such tobacco was produced, and (2) for the purpose of price-support eligibility, tobacco carried over from one marketing year to another shall, when marketed, be considered tobacco of the then current crop. (7 U.S.C. 1445.)

WHEAT PROGRAM

[Sec. 107 as set out below was applicable only to the 1974–76
crops of wheat.]

SEC. 107.20 Notwithstanding any other provision of law

19 Clause (c) was added by P.L. 89-12, 79 Stat. 72, April 16, 1965, and the current language was substituted for the original wording by P.L. 92-10, 85 Stat. 27, April 14, 1971.

Sec. 401 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1362, Nov. 30, 1970, completely amended Sec. 107, effective only with respect to the 1971, 1972, and 1973 crops of wheat. See p. 178 of Agriculture Handbook 444. Sec. 1(8) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 224, Aug. 10, 1973, made the amended version, with the additional changes noted below, applicable to the 1974 through 1977 crops. This is the version shown in the text. Sec. 410 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 928, Sept. 29, 1977, provides that, except as otherwise provided for in Sec. 401 of the 1977 Act, Sec. 107 of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended, shall not be applicable to the 1977 crop of wheat.

Sec. 409 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 928, Sept. 29, 1977, made the original version of Sec. 107 inapplicable to the 1977 through 1981 crops of wheat. Sec. 107 was originally added to the Act by P.L. 87-703, 76 Stat. 630, Sept. 27, 1962, and was completely revised by P.L. 88-297, 78 Stat. 182, April 11, 1964. It was suspended for the 1966 through 1970 crops by P.L. 89-321, 79 Stat. 1203, Nov. 3, 1965, and by P.L. 90-559, 82 Stat. 995, Oct. 11, 1968. This version has not been repealed, will once more take effect with the 1982 crop, and reads as follows:

"Sec. 107. Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop

(1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401 (b).

(2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity prices therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401(b). (3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains.

(4) Price support shall be made available only to cooperators; and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area.

(5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101.

(6) A 'cooperator' with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calender year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a 'cooperator' with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. No producer shall be deemed to have exceeded a farm acreage

(a) Loans and purchases on each crop of wheat shall be made available at such level as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains: Provided, That in no event shall such level be in excess of the parity price for wheat or less than $1.37 20a per bushel. (7 U.S.C. 1445a (a).)

(b) If a set-aside program is in effect for any crop of wheat under section 379 (c) of the Agricultural Adjustment Act of 1938, as amended, payments,20 loans and purchases shall be made available on such crop only to producers who comply with the provisions of such program. (7 U.S.C. 1445a (b).)

(c) 20a Payments shall be made for each crop of wheat to the producers on each farm in an amount determined by multiplying (i) the amount by which the higher of

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

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

is less than the established price of $2.05 per bushel in the case of the 1974 and 1975 crops, $2.05 per bushel adjusted to reflect any change during the calendar year 1975 in the index of prices paid by farmers for production items, interest, taxes, and wage rates in the case of the 1976 crop, and the established price for the 1976 crop adjusted to reflect any change during the calendar year 1976 in such index in the case of the 1977 crop, times in each case (ii) the allotment for the farm for such crop, times (iii) the projected yield established for the farm with such adjustments as the Secretary determines necessary to provide a fair and equitable yield: Provided, That any increase that would otherwise be made in the established price to reflect a change in the index of prices paid by farmers shall be adjusted to reflect any change in (i) the national average yield per acre of wheat for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of wheat for the three calendar years preceding the year previous to the one for which the determination is made. If the Secretary determines that the producers are prevented from planting any portion of the farm acreage allotment to wheat or other nonconserving crop, because of drought, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment on such portion shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. If the Secretary determines that,

allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c (b), but the producer shall not be eligible to receive support on the wheat so stored."

See p. 161 of Agriculture Handbook No. 361 for the text of Sec. 107 as it applied to the 1966 through 1970 crops.

20a Effective beginning with the 1974 crop, Sec. 1(8) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 225, Aug. 10, 1973, amended subsection (a) by increasing the minimum wheat price support loan level from $1.25 to $1.37 per bushel, amended subsection (b) by substituting "payments" for "certificates," and added a new subsection (c).

because of such a disaster or condition, the total quantity of wheat (or of cotton, corn, grain, sorghums, or barley planted in lieu of wheat) which the producers are able to harvest on any farm is less than 66% percent of the farm acreage allotment times the projected yield of wheat (or of cotton, corn, grain, sorghums, or barley planted in lieu of wheat) 20b for the farm, the rate of payment for the deficiency in production below 100 percent shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. 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 U.S.C. 1445a (c).)

WHEAT LOAN RATES AND TARGET PRICES FOR THE
1977 THROUGH 1981 CROPS

[SEC. 107A is effective only for the 1977 through 1981
crops of wheat.]

SEC. 107A.200 Notwithstanding any other provision of law(a) The Secretary shall make available to producers loans and purchases at such level, not less than $2.25 per bushel for the 1977 crop of wheat and $2.35 per bushel for each of the 1978 through 1981 crop of wheat, nor, in the case of each of the 1977 through 1981 crops, in excess of 100 per centum of parity, as the Secretary determines will maintain its competitive relationship to other grains in domestic and export markets: Provided, That if the Secretary determines that the average price of wheat received by producers in any marketing year is not more than 105 per centum of the level of loans and purchases for wheat for such marketing year, the Secretary may reduce the level of loans and purchases for wheat for 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 $2.00 per bushel.

(b) (1) (A) In addition, the Secretary shall make available to producers payments for each of the 1977 through 1981 crops of wheat 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 projected yield established for the farm for such 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 not 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 wheat.

20b This parenthetical phrase was substituted for "(or other nonconserving crop planted Instead of wheat)" by P.L. 93-228, 87 Stat. 228, Dec. 29, 1973.

20c Secs. 107A (a) through (c) were added by Sec. 401 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 921, Sept. 29, 1977, effective for the 1977 through 1981 crops of wheat.

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

(i) 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

(ii) the loan level determined under subsection (a) of this section for such crop

is less than the established price per bushel. The established price for wheat shall be $2.00 per bushel for the 1977 crop and $3.00 per bushel for the 1978 crop: Provided, That for the 1977 crop, the established price shall be $2.47 per bushel with respect to any acreage not planted to wheat within the wheat acreage allotment: Provided further, That for the 1978 crop, the established price shall be $3.05 per bushel if the 1978 crop of wheat is 1.8 billion bushels or less. For the 1979 crop, the established price shall be $3.00 per bushel adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the 1979 crop year from (ii) the average adjusted cost of production for the two crop years immediately preceding the 1978 crop year. For the 1980 and 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 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.

(C) Notwithstanding the foregoing provisions of this section, in the event the Secretary adjusts the level of loans and purchases for wheat in accordance with the proviso in subsection (a) of this section, the Secretary shall provide emergency compensation by increasing the established price payments for wheat by such amount as the Secretary determines necessary to provide the same total return to producers as if the adjustment in the level of loans and purchases had not been made: Provided, That any such increase in established price payments shall not be included in the payments subject to limitation under the provisions of section 101 of the Food and Agriculture Act of 1977.

(D) The total quantity on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2) of this subsection.

(2) (A) Effective only with respect to the 1978 and 1979 crops of wheat, if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for wheat to wheat 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 wheat for harvest (including any acreage which the producers were prevented from planting to wheat or other nonconserving crop in lieu of wheat 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 333 per centum of the established price per bushel for wheat.

(B) Effective only with respect to the 1978 and 1979 crops of wheat, 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 wheat which the producers are able to harvest on any farm is less than the result of multiplying 60 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 farm disaster payment to the producers at a rate equal to 50 per centum of the established price for the crop for the deficiency in production below 60 per centum for the crop. (C) In the case of the 1977 crop of wheat, disaster payments for prevented planting shall be computed as provided in section 107 of this Act, as amended for the 1974 through 1977 crops by the Agriculture and Consumer Protection Act of 1973, and disaster payments for low yield shall be computed in accordance with the formula provided in subparagraph (B) of this paragraph: Provided, That producers may elect to receive disaster payments for low yield computed as provided in section 107 of this Act, as amended for the 1974 through 1977 crops by the Agriculture and Consumer Protection Act of 1973: Provided further, That no disaster payments for low yield may be made under this paragraph prior to October 1, 1977.

(c) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis.

PROGRAM ACREAGES AND PAYMENT YIELDS; SET-ASIDE PROGRAM

(d) (1) 20d The Secretary shall proclaim a national program acreage for each of the 1978 through 1981 crops of wheat. The proclamation shall be made not later than August 15 of each calendar year for the crop harvested in the next suceeding calendar year, except that in the case of the 1978 crop the proclamation shall be made as soon as practicable after enactment of the Food and Agriculture Act of 1977. The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall proclaim such revised national program acreage as soon as it is made.

d Secs. 107A (d) through (1) were added by Sec. 402 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 924. Sept. 29, 1977. effective for the 1978 through 1981 crops of wheat.