n subsection (c).

notice and an opportunity for a hearing, the approcommittee determines that any person knowingly ly with subsection (a) or (b), then the allotment or in such subsection shall be forfeited and shall be he manner provided for in section 316(h)(3)(A) of this such determination shall be mailed, as soon as pracperson. If such person is dissatisfied with such deen such person, within fifteen days after notice of tion is so mailed, may request review of such detersection 363 of this Act.

RY SALE OF CERTAIN BURLEY TOBACCO ACREAGE
ALLOTMENTS AND MARKETING QUOTAS

) Any person (including, but not limited to, any gov-
y, public utility, educational institution, or religious
not including any individual) which, on the date of
f this section-

a farm for which a Burley tobacco acreage allotment ag quota is established under this Act; and

significantly involved in the management or use of ricultural purposes;

ater than December 1, 1983, such allotment or quota rley tobacco producer, as defined by the Secretary, for farm in the same county or shall forfeit such allotunder the procedure specified in subsection (b).

notice and an opportunity for a hearing, the county e county referred to in subsection (a) determines that wingly failed to comply with such subsection, then r quota specified in such subsection shall be forfeited eallocated by such county committee to other active producers, as defined by the Secretary, for use in

such determination shall be mailed, as soon as pracperson. If such person is dissatisfied with such deen such person may request, within fifteen days after letermination is so mailed, a review of such determil review committee under section 363 of this Act.

ACREAGE-POUNDAGE QUOTAS

For purposes of this section

1

(2) "National average yield goal" for any kind of to means the yield per acre which on a national average basi Secretary determines will improve or insure the usabili the tobacco and increase the net return per pound to the ers. In making this determination the Secretary shall give sideration to such Federal-State production research data deems relevant. Notwithstanding the preceding sentenc 1983, and at five-year intervals thereafter, the national av yield goal for Flue-cured tobacco shall be adjusted by the tary to the past five years' moving national average yield. (3) "National acreage allotment" means the acreage mined by dividing the national marketing quota by the na al average yield goal.

(4) "Farm acreage allotment" for a tobacco farm, other a new tobacco farm, means the acreage allotment detern by adjusting uniformly the acreage allotment establishe such farm for the immediately preceding year, prior to ar crease or decrease in such allotment due to undermarke or overmarketings and prior to any reduction under subse (f), so that the total of all allotments is equal to the nat acreage allotment less the reserve provided in subsection this section with a further downward or upward adjustme reflect any adjustment in the farm marketing quota for marketing or undermarketing and to reflect any reductio quired under susbsection (f) of this section, and including adjustment for errors or inequities from the reserve. In d mining farm acreage allotments for Flue-cured tobacc 1965, the 1965 farm allotment determined under section shall be adjusted in lieu of the acreage allotment for the i diately preceding year. Notwithstanding the preceding sions of this subsection, in 1983, and at five-year inte thereafter, farm acreage allotments for Flue-cured tobacc farms in each county shall be adjusted by the Secretary flect the increases or decreases in the past five years' m county average yield per acre, as determined by the Secreta the basis of actual yields of farms in the county, or, if suc formation is not available, on such other data on yields a Secretary may deem appropriate.

(5) The "community average yield" means for Flue-cure bacco the average yield per acre in the community design by the Secretary as a local administrative area under provisons of section 8(b) of the Soil Conservation and Dom Allotment Act, as amended, which is determined by avera

i per acre determined by averaging the yield per three highest years of the five consecutive crop ning with the 1959 crop year except that if that eeds 120 per centum of the community average eliminary farm yield shall be the sum of 50 per he average of the three highest years and 50 per e national average yield goal but not less than 120 of the community average yield, and if the average highest years is less than 80 per centum of the average yield the preliminary farm yield shall be um of the community average yield. In counties han five hundred acres of Flue-cured tobacco were 1964, the county may be considered as one commu-cured tobacco was not produced on the farm for at years of the five-year period the average of the e year in which tobacco was produced shall be used he three-year average. If no Flue-cured tobacco was the farm in the five-year period but the farm is an allotment because Flue-cured tobacco was conave been produced under applicable provisions of ninary farm yield for the farm shall be determined ations of the Secretary taking into account prelimiields of similar farms in the community. Notwithe preceding provisions of this subsection, in 1983 ear intervals thereafter, preliminary farm yields for obacco farms in each county shall be adjusted by y by the reciprocal of the factor computed in parathis subsection to adjust farm acreage allotments to ases or decreases in the past five years' moving ge yields.

minary farm yield" for kinds of tobacco, other than means a farm yield per acre determined in accordbparagraph (A) of this paragraph (6) except that in ive consecutive crop years beginning with 1959 the to 1964, inclusive, may be used, as determined by ry. In counties where less than five hundred acres of tobacco for which the determination is being allotted in the last year of the five-year period the be considered as one community. If tobacco of the ich the determination is being made was not prohe farm for at least three years of the five-year average of the yields for the years in which the acco was produced shall be used instead of the ■verage. If no tobacco of the kind for which the de

yield computed by multiplying the preliminary farm yie each farm by the acreage allotment determined pursua paragraph (4) for the farm prior to adjustments for ove keting, undermarketing, or reductions required under s tion (f) and dividing the sum of the products by the na acreage allotment.

(8) "Farm marketing quota" for any farm for any mar year shall be the number of pounds of tobacco obtain multiplying the farm yield by the acreage allotment pr any adjustment for undermarketing or overmarketin creased for undermarketing or decreased for overmarket the number of pounds by which marketings of tobacco the farm during the immediately preceding marketing y marketing quotas were in effect under the program estab by this section, is less than or exceeds the farm mar quota for such year: Provided, That the farm marketing for any marketing year shall not be increased for unde keting by an amount in access of the number of pounds mined by multiplying the acreage allotment for the far the immediately preceding year prior to any increase crease for undermarketing or overmarketing by the farm If on account of excess marketings in the preceding marl year the farm marketing quota for the marketing year duced to zero pounds without reflecting the entire red required, the additional reduction required shall be ma the subsequent marketing year or years. The farm marl quota will be increased or decreased for the second succe marketing year in the case of Maryland tobacco, and fo other kind of tobacco for which the Secretary determine impracticable because of the lack of adequate marketing to make the increases or decreases applicable to the im ately succeeding marketing year.

(b) Within thirty days after the enactment of this section th retary pursuant to the provisions of subsection (a) of this s shall determine and announce the amount of the national m ing quota for Flue-cured tobacco for the marketing year begi July 1, 1965, and the national acreage allotment and national age yield goal for the 1965 crop of Flue-cured tobacco, and thirty days after the announcement of the amount of such na marketing quota shall conduct a special referendum of the fa engaged in the production of Flue-cured tobacco of the 1964 c determine whether they favor or oppose the establishment of keting quotas on an acreage-poundage basis as provided in th

r any kind of tobacco, including Flue-cured tobacco, in his descretion, determines with respect to that > that acreage-poundage quotas under this section a more effective marketing quota program for that he shall at the time the next announcement of the national marketing quota under section 312(b) of ine and announce the amount of the national quota f tobacco under this section of the Act and at the ounce the national acreage allotment and national oal and within forty-five days thereafter conduct a dum of farmers engaged in the production of the of the most recent crop to determine whether they lishment of marketing quotas on an acreage-poundovided in this section for the next three marketing , however, That the Secretary shall not make any ation with respect to any kind of tobacco except acco unless prior thereto he shall conduct public areas where such tobacco is produced for the purining and taking into consideration the attitudes of other interested persons with respect to acreageas. If the Secretary determines that more than 66 the farmers voting in the special referendum apg quotas on an acreage-poundage basis as provided quotas on that basis shall be in effect for the next g years and the marketing quotas on an acreage e to be in effect at the beginning of such three-year eting quotas on an acreage-poundage basis are not ore than 66% per centum of the farmers voting in m, the marketing quotas on an acreage basis shall ect as theretofore proclaimed under section 312(a). cing quotas have been made effective for a kind of creage-poundage basis pursuant to subsections (b) or y shall, not later than December 1 of any marketing ect to Flue-cured tobacco, and February 1 with rekinds of tobacco, proclaim a national marketing kind of tobacco for the next three succeeding marthe marketing year is the last year of three consecuwhich marketing quotas previously proclaimed will he Secretary, in his discretion, may proclaim the reage-poundage basis as provided in this section or allotment basis, whichever he determines would e effective marketing quota for that kind of tobacco, uct a referendum in accordance with the provisions