30 LAND STABILIZATION, CONSERVATION, AND EROSION CONTROL poses of this section or to facilitate the practical administration the program authorized herein. (f) Notwithstanding any other provision of law, the Secretary Agriculture, to the extent he deems it desirable to carry out the pu poses of this section, may provide in any agreement hereunder f (1) preservation for a period not to exceed the period covered b the agreement and an equal period thereafter of the cropland, cro acreage and allotment history applicable to land covered by th agreement for the purpose of any Federal program under which suc history is used as a basis for an allotment or other limitation on th production of such crop; or (2) surrender of any such history an allotments. (g) The Secretary of Agriculture shall be authorized to issue suc rules and regulations as he determines are necessary to carry out the provisions of this section. (h) In carrying out the provisions of this section, the Secretary d Agriculture shall utilize the services of the Soil Conservation Ser ice, and the State and local committees provided for in section 8( of the Soil Conservation and Domestic Allotment Act (16 U.S.0 590(b)), and is authorized to utilize the facilities, services, an authorities of the Commodity Credit Corporation. The Corporatio shall not make any expenditures to carry out the provisions of thi subsection unless funds specifically appropriated for such purpos have been transferred to it. (i)2 Not to exceed $19,000,000 of the funds authorized in sectio 401 of this Act for the two-fiscal-year period ending June 30, 196 shall be available to carry out this section. (40 App. U.S.C. 203.) SEC. 401.3 In addition to the appropriations authorized in section 105 for administrative expenses, in section 201 for the Appalachia Development Highway System and Local Access Roads, and in se tion 208 for Appalachian Airport Safety Improvements, there hereby authorized to be appropriated to the President, to be availab until expended, to carry out this Act, $268,500,000 for the two-fiscal year period ending June 30, 1971; $282,000,000 for the two-fiscal year period ending June 30, 1973; and $294,000,000 for the two-fiscal year period ending June 30, 1975. In addition to the appropriations authorized in section 105 for administrative expenses, and in sec tion 201 (g) for the Appalachian development highway system and local access roads, there is authorized to be appropriated to the Pres ident, to be available until expended, to carry out this Act, $340 000,000 for the period beginning July 1, 1975, and ending September 30, 1977, and $300,000,000 for the two-fiscal year period ending Sep tember 30, 1979. (40 App. U.S.C. 401.) 2 Subsection (i) was amended by Sec. 108, P.L. 90-103, 81 Stat. 260, Oct. 11, 1967 3 Sec. 401 was amended by P.L. 92-65, 85 Stat. 172, August 5, 1971. The last sen tence of Sec. 401 was added by Sec. 121 of the Regional Development Act of 1975 P.L. 94-188, 89 Stat. 1086, Dec. 31, 1975. (B) "Carry-over" of cotton for any marketing year shall be the quantity of cotton on hand in the United States at the beginning of such marketing year, not including any part of the crop which was produced in the United States during the calendar year then current. [NOTE-AS originally enacted this term included domestically produced cotton hand within or without the United States. A new definition, excluding Amerin cotton on hand outside the United States, was enacted in Sec. 201(c) of the gricultural Act of 1948 (62 Stat. 1250). The definition was changed again by c. 2(a) of Pub. L. 272, 81st Cong., approved August 29, 1949 (63 Stat. 675), to clude all cotton on hand in the United States whether produced within or ithout the United States. Sec. 415 (e) of the Agricultural Act of 1949 (63 Stat. 56) repealed Sec. 201(c) of the Agricultural Act of 1948. Therefore, the prosion now in effect is the definition appearing herein which is the definition acted by Pub. L. 272, 81st Cong.] (C) "Carry-over" of tobacco for any marketing year shall be the quantity of such tobacco on hand in the United States at the beginning of such marketing year (or on January 1 of such marketing year in the case of Maryland tobacco), which was produced in the United States prior to the beginning of the calendar year in which such marketing year begins, except that in the case of cigar-filler and cigar-binder tobacco the quantity of type 46 on and theretofore produced in the United States during such calendar year shall also be included. (D) "Carry-over" of wheat, for any marketing year shall be the quantity of wheat on hand in the United States at the beginning of such marketing year, not including any wheat which was produced in the United States during the calendar year then current, and not including any wheat held by the Federal Crop Insurance Corporation under Title V [of the Agricultural Adjustment Act of 1938]. (4) (5) ***5 ***5 (6) (A) "Market", in the case of corn, cotton, rice, tobacco, and wheat, means to dispose of, in raw or processed form, by voluntary or involuntary sale, barter, or exchange, or by gift inter vivos, and, in the case of corn and wheat, by feeding (in any form) to poultry or livestock which, or the products of which, are sold, bartered, or exchanged, or to be so disposed of, but does not include disposing of any of such commodities as premium to the Federal Crop Insurance Corporation under Title V [of the Agricultural Adjustment Act of 1938]. (B) "Marketed", "marketing", and "for market" shall have corresponding meanings to the term "market" in the connection in which they are used. (C) "Market", in the case of peanuts, means to dispose of peanuts, including farmers' stock peanuts, shelled peanuts, cleaned peanuts, or peanuts in processed form, by voluntary or involuntary sale, barter, or exchange, or by gift inter vivos. The definitions in subsections (4) and (5) related to maketing quotas and acreage lotments for corn which are no longer applicable. (7) "Marketing year" means, in the case of the following com modities, the period beginning on the first and ending with the second date specified below: Corn, October 1-September 30; Cotton, August 1-July 31; Rice, August 1-July 31; Tobacco (flue-cured), July 1-June 30; Tobacco (other than flue-cured), October 1-September 30; [Peanuts, August 1-July 31 (see Sec. 359 (a)).] 6 (8) (A) "National average yield" as applied to cotton or wheat shall be the national average yield per acre of the commodity during the ten calendar years in the case of wheat, and during the five cal endar years in the case of cotton, preceding the year in which such national average yield is used in any computation authorized in this title, adjusted for abnormal weather conditions and, in the case of wheat, but not in the case of cotton, for trends in yields. (B) "Projected national yield" as applied to any crop of wheat shall be determined on the basis of the national yield per harvested acre of the commodity during each of the five calendar years immedi ately preceding the year in which such projected national yield is determined, adjusted for abnormal weather condtions affecting such yield, for trends in yields and for any significant changes in produc tion practices. 7 (9) "Normal production" as applied to any number of acres of corn or rice means the normal yield for the farm times such number of acres. "Normal production" as applied to any number of acres of cotton or wheat means the projected farm yield times such number of acres. (10) (A) "Normal supply" in the case of corn, rice, wheat, and peanuts for any marketing year shall be (i) the estimated domestic consumption of the commodity for the marketing year ending im mediately prior to the marketing year for which normal supply is being determined, plus (ii) the estimated exports of the commodity for the marketing year for which normal supply is being determined. plus (iii) an allowance for carry-over. The allowance for carry-over shall be the following percentage of the sum of the consumption and exports used in computing normal supply: 15 per centum in the case of corn; 10 per centum in the case of rice; 20 per centum in the case of wheat; and 15 per centum in the case of peanuts. In determin ing normal supply the Secretary shall make such adjustments for current trends in consumption and for unusual conditions as he may deem necessary. 5a P.L. 94-61, 89 Stat. 302, July 25, 1975, amended the marketing year for wheat by deleting "July 1-June 30" and inserting "June 1-May 31", effective June 1, 1975. Paragraph (8) was amended by P.L. 89-321, 79 Stat. 1204, Nov. 3, 1965, which in serted "(A)" after (8) and added a new subparagraph (B) thereto. Paragraph (9) was amended, effective with the crop planted for harvest in 1966 by P.L. 89-321, 79 Stat. 1205, Nov. 3, 1965, by striking out "cotton" and "wheat" and by adding the second sentence. As literally amended, part of the first sentence would have read "corn, rice, or means". he acreage planted on both the lessor and the lessee farms during the urrent marketing year was as much as 50 per centum of the farm creage allotment in effect for such year.35 If the normal yield estabished by the county committee for the farm to which the allotment is ransferred does not exceed the normal yield established by the county ommittee for the farm from which the allotment is transferred by nore than 10 per centum, the lease and transfer shall be approved acre for acre. If the normal yield for the farm to which the allotment is ransferred exceeds the normal yield for the farm from which the llotment is transferred by more than 10 per centum, the county comnittee shall make a downward adjustment in the amount of the acrege allotment transferred by multiplying the normal yield established for the farm from which the allotment is transferred by the acreage being transferred and dividing the result by the normal yield estab ished by the farm to which the allotment is transferred. [Pub. L. 89-321. Sec. 703.-Notwithstanding the provisions of subSection 316(c) and subsection 317 (f) relating to lease and transfer of allotments for years subsequent to 1965, of the Agricultural Adjustment Act of 1938, as amended, whenever acreage poundage quotas are in effect for any kind of tobacco 36 as provided in section 317 of the Act, the lease and transfer shall be on a pound for pound basis and the creage allotment for the lessee farm shall be increased by an amount letermined by dividing the number of pounds leased by the farm yield for the lessee farm, and the acreage allotment for the lessor farm shall be reduced by an amount determined by dividing the number of pounds leased by the farm yield for the lessor farm. (79 Stat. 1210, November 3, 1965, 7 U.S.C. 1316.)] (d) The lease and transfer of any part of a tobacco acreage allotment determined for a farm shall not affect the allotment for the farm from which such acreage allotment is transferred or the farm to which it is transferred, except with respect to the crop year specified in the lease. The amount of acreage allotment which is leased from a farm shall be considered for purpose of determining future allotments to have been planted to tobacco on the farm from which such allotment is transferred and the production pursuant to the lease and transfer shall not be taken into account in establishing allotments for subsequent years for the farm to which such allotment is transferred. The lessor shall be considered to have been engaged in the production of tobacco for the purpose of eligibility to vote in the referendum. (e) 37 The total acreage allotted to any farm after the transfer by lease of tobacco acreage allotment to the farm under the provisions of this section shall not exceed 50 per centum of the acreage of cropland in the farm: Provided, That in the case of cigar-filler tobacco types 42, 43, or 44, not more than 10 acres of allotment may be leased and transferred to any farm. 25 The second sentence of subsection (c) was amended by Pub. L. 92-311, 86 Stat. 215, approved June 6, 1972. For previous language and accompanying footnote, see p. 59 of Agriculture Handbook No. 408. 38 The exception formerly made for Burley tobacco was eliminated by Pub. L. 91-284, 84 Stat. 314, approved June 19, 1970. 37 Subsection (e) was amended by Pub. L. 90-52, 81 Stat. 121, approved July 7, 1967. The proviso was added by Pub. I.. 91-284, 84 Stat. 314, approved June 19, 1970. (f) The Secretary shall prescribe such regulations as he considers necessary for carrying out the provisions of this section. (g) Notwithstanding any provision of this section, when as a result of flood, hail, wind, tornado, or other natural disaster the Secretary determines (1) that one of the counties hereinafter listed has suffered a loss of 10 per centum or more in the number of acres of tobacco planted and (2) that a lease of such tobacco allotment o quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within Atkinson, Bacon, Berrien, Clinch Cook, Lanier, Lowndes, or Ware Counties, Georgia, or Clarendon Lee, Sumter, or Williamsburg Counties, South Carolina, which has suffered a loss of 30 per centum or more in the number of acres of tobacco planted of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county or nearby counties within the same State, for use in such counties for the year 1973 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another country pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of this subsection.38 (h) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind. tornado, or other natural disaster, the Secretary determines (1) that one of the counties hereinafter listed has suffered a loss of 10 per centum or more in the number of acres of tobacco planted, and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within Craven, Carteret and Jones Counties, North Carolina, which has suf fered a loss of 10 per centum or more in the number of acres of tobacco planted of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county, or nearby counties within the same State, for use in such counties for the year 1974 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another county pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of this subsection. (i) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind tornado, or other natural disaster, the Secretary determines (1) that one of the counties in South Carolina or Georgia has suffered a loss of 10 per centum or more in the number of acres of tobacco planted 38 Subsection (g) was added by P.L. 93-80, 87 Stat. 178, August 1, 1973. The original text was repealed by P.L. 91-284, 84 Stat. 314, June 19, 1970. 39 Subsection (h) was added by P.L. 93-464, 88 Stat. 1416, Oct. 24, 1974. Former subsection (h) was repealed by P.L. 88-469, 78 Stat. 581, August 30, 1964. |