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7 U.S.C. § 1347 — Sale, lease, or transfer of cotton acreage allotments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority for calendar years 1966 through 1970; transfer periods** Notwithstanding any other provision of law, the Secretary, if he determines that it will not impair the effective operation of the program involved, (1) may permit the owner and operator of any farm for which a cotton acreage allotment is established to sell or lease all or any part or the right to all or any part of such allotment (excluding that part of the allotment which the Secretary determines was apportioned to the farm from the national acreage reserve) to any other owner or operator of a farm for transfer to such farm; (2) may permit the owner of a farm to transfer all or any part of such allotment to any other farm owned or controlled by him; Provided, That the authority granted under this section may be exercised for the calendar years 1966 through 1970, but all transfers hereunder shall be for such period of years as the parties thereto may agree.
**(b) Requisite conditions for transfer of acreage allotments** Transfers under this section shall be subject to the following conditions: (i) no allotment shall be transferred to a farm in another State or to a person for use in another State; (ii) no farm allotment may be sold or leased for transfer to a farm in another county unless the producers of cotton in the county from which transfer is being made have voted in a referendum within three years of the date of such transfer, by a two-thirds majority of the producers participating in such referendum, to permit the transfer of allotments to farms outside the county, which referendum, insofar as practicable, shall be held in conjunction with the marketing quota referendum for the commodity; (iii) no transfer of an allotment from a farm subject to a mortgage or other lien shall be permitted
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Stable record: federal_law:legal_authorities:record_usc_34a854bedddcc33e283a3c38
Source file: Laws/federal/codes/united-states-code/title-7/section-1347-sale-lease-or-transfer-of-cotton-acreage-allotments--b0b064e803.md
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Passage SHA-256: 308df4e224e6be37cf21be07bada2a2e232f29d47967a999e5e2cfc21493c945
Source location: Title 7, Chapter 35, § 1347; chapter-035-agricultural-adjustment-act-of-1938.md
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**(a) Authority for calendar years 1966 through 1970; transfer periods** Notwithstanding any other provision of law, the Secretary, if he determines that it will not impair the effective operation of the program involved, (1) may permit the owner and operator of any farm for which a cotton acreage allotment is established to sell or lease all or any part or the right to all or any part of such allotment (excluding that part of the allotment which the Secretary determines was apportioned to the farm from the national acreage reserve) to any other owner or operator of a farm for transfer to such farm; (2) may permit the owner of a farm to transfer all or any part of such allotment to any other farm owned or controlled by him; Provided, That the authority granted under this section may be exercised for the calendar years 1966 through 1970, but all transfers hereunder shall be for such period of years as the parties thereto may agree.
**(b) Requisite conditions for transfer of acreage allotments** Transfers under this section shall be subject to the following conditions: (i) no allotment shall be transferred to a farm in another State or to a person for use in another State; (ii) no farm allotment may be sold or leased for transfer to a farm in another county unless the producers of cotton in the county from which transfer is being made have voted in a referendum within three years of the date of such transfer, by a two-thirds majority of the producers participating in such referendum, to permit the transfer of allotments to farms outside the county, which referendum, insofar as practicable, shall be held in conjunction with the marketing quota referendum for the commodity; (iii) no transfer of an allotment from a farm subject to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholder; (iv) no sale of a farm allotment shall be permitted if any sale of cotton allotment to the same farm has been made within the three immediately preceding crop years; (v) the total cotton allotment for any farm to which allotment is transferred by sale or lease shall not exceed the farm acreage allotment (excluding reapportioned acreage) established for such farm for 1965 by more than one hundred acres; (vi) no cotton in excess of the remaining acreage allotment on the farm shall be planted on any farm from which the allotment (or part of an allotment) is sold for a period of five years following such sale, nor shall any cotton in excess of the remaining acreage allotment on the farm be planted on any farm from which the allotment (or part of an allotment) is leased during the period of such lease, and the producer on such farm shall so agree as a condition precedent to the Secretary’s approval of any such sale or lease; and (vii) no transfer of allotment shall be effective until a record thereof is filed with the county committee of the county to which such transfer is made and such committee determines that the transfer complies with the provisions of this section. Such record may be filed with such committee only during the period beginning June 1 and ending December 31.
**(c) Extent of estate transferred** The transfer of an allotment shall have the effect of transferring also the acreage history, farm base, and marketing quota attributable to such allotment and if the transfer is made prior to the determination of the allotment for any year the transfer shall include the right of the owner or operator to have an allotment determined for the farm for such year: Provided, That in the case of a transfer by lease, the amount of the allotment shall be considered for purposes of determining allotments after the expiration of the lease to have been planted on the farm from which such allotment is transferred.
**(d) Period of ineligibility of land for new allotment** The land in the farm from which the entire cotton allotment and acreage history have been transferred shall not be eligible for a new farm cotton allotment during the five years following the year in which such transfer is made.
**(e) Transfer of allotments established under minimum allotment provisions** The transfer of a portion of a farm allotment which was established under minimum farm allotment provisions for cotton or which operates to bring the farm within the minimum farm allotment provision for cotton shall cause the minimum farm allotment or base to be reduced to an amount equal to the allotment remaining on the farm after such transfer.
**(f) Rules and regulations** The Secretary shall prescribe regulations for the administration of this section, which shall include provisions for adjusting the size of the allotment transferred if the farm to which the allotment is transferred has a substantially higher yield per acre and such other terms and conditions as he deems necessary.
**(g) Adjustment upon transfer of land covered by conservation reserve contract** If the sale or lease occurs during a period in which the farm is covered by a conservation reserve contract, cropland conversion agreement, cropland adjustment agreement, or other similar land utilization agreement, the rates of payment provided for in the contract or agreement of the farm from which the transfer is made shall be subject to an appropriate adjustment, but no adjustment shall be made in the contract or agreement of the farm to which the allotment is transferred.
**(h) Exchange of cotton acreage allotments for rice acreage allotments** The Secretary shall by regulations authorize the exchange between farms in the same county, or between farms in adjoining counties within a State, of cotton acreage allotment for rice acreage allotment. Any such exchange shall be made on the basis of application filed with the county committee by the owners and operators of the farms, and the transfer of allotment between the farms shall include transfer of the related acreage history for the commodity. The exchange shall be acre for acre or on such other basis as the Secretary determines is fair and reasonable, taking into consideration the comparative productivity of the soil for the farms involved and other relevant factors. No farm from which the entire cotton or rice allotment has been transferred shall be eligible for an allotment of cotton or rice as a new farm within a period of five crop years after the date of such exchange.
**(i) Applicability to cotton restricted to upland cotton** The provisions of this section relating to cotton shall apply only to upland cotton.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, the Secretary shall permit any producer who is participating in the wheat program under title IV of this Act, in the feed grain program under title V of this Act, or in the cotton program under title VI of this Act, in any year in which an acreage diversion or set-aside program is in effect, under any such program in which such producer is participating, subject to the conditions prescribed in subsection (b) of this section, to plant and harvest hay from 25 per centum of the acreage on the farm diverted from production under such programs or twenty-five acres, whichever is greater.
**(b)** Any producer who elects to plant and harvest hay on diverted or set aside acreage pursuant to this section shall first agree not to use any such hay harvested from such acreage unless authorized to do so by the Secretary.
**(c)** When any diverted or set aside acreage has been planted and harvested under authority of this section, the hay harvested therefrom shall be baled and stored in sealed storage on the farm in accordance with such regulations as the Secretary may prescribe and shall be available only for use during periods of emergency declared by the Secretary. In order to avoid deterioration of such hay stored on the farm for emergency purposes pursuant to this section, the Secretary may permit such hay to be removed and used or sold from time to time so long as an amount of hay equal to the amount removed is previously placed in storage and sealed.
**(d)** Any farmer who has hay stored on his farm for emergency purposes pursuant to this section may remove such hay from storage and use it whenever the Secretary has (1) designated as an emergency area the area in which such farm is located, and (2) specifically authorized t
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1342
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basis** Whenever a national marketing quota is proclaimed under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1342&num=0&edition=prelim), the Secretary shall determine and proclaim a national acreage allotment for the crop of cotton to be produced in the next calendar year. The national acreage allotment for cotton shall be that acreage, based upon the national average yield per acre of cotton for the four years immediately preceding the calendar year in which the national marketing quota is proclaimed, required to make available from such crop an amount of cotton equal to the national marketing quota.
**(b) Apportionment among States for year 1953 and subsequent years; adjustment; national acreage reserve** The national acreage allotment for cotton for 1953 and subsequent years shall be apportioned to the States on the basis of the acreage planted to cotton (including the acreage regarded as having been planted to cotton under the provisions of Public Law 12, Seventy-ninth Congress) during the five calendar years immediately preceding the calendar year in which the national marketing quota is proclaimed, with adjustments for abnormal weather conditions during such period: Provided, That there is established a national acreage reserve consisting of three hundred and ten thousand acres which shall be in addition to the national acreage allotment; and such reserve shall be apportioned to the States on the basis of their needs for additional acreage for establishing minimum farm allotments under subsection (f)(1), as determined by the Secretary without regard to State and county acreage reserves (except that the amount apportioned to Nevada shall be one thousand acres). For the 1960 and succeeding crops of co
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1345
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish for each of the 1971 through 1977 crops of upland cotton a national base acreage allotment. Such national base acreage allotment shall be announced not later than November 15 of the calendar year preceding the year for which the national base acreage allotment is to be effective. The national base acreage allotment for any crop of cotton shall be the number of acres which the Secretary determines on the basis of the expected national yield will produce an amount of cotton equal to the estimated domestic consumption of cotton (standard bales of four hundred and eighty pounds net weight) for the marketing year beginning in the year in which the crop is to be produced, plus not to exceed 25 per centum thereof if the Secretary, taking into consideration other actions he may take under the Agricultural Act of 1970, determines that such additional amount is necessary to provide for a production which will equal the national cotton production goal, except that such national base acreage allotment shall be eleven million five hundred thousand acres for the 1971 crop and in the case of the 1972 through 1977 crops shall be in such amount as the Secretary determines necessary to maintain adequate supplies. The national base acreage allotment for the 1974 through 1977 crops shall not be less than eleven million acres.
**(b) Apportionment to States** The national base acreage allotment for each crop of upland cotton shall be apportioned by the Secretary to the States on the basis of the acreage planted (including acreage regarded as having been planted) to upland cotton within the farm acreage allotment or the farm base acreage allotment, whichever is in effect, during the five calendar years immediately preceding the calendar yea
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1352 to 1356
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
**(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
Any price support program in effect on cottonseed or any of its products shall be extended to the same seed and products of the cottons defined under [section 1347(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1347/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture (hereinafter called the “Secretary”) is authorized and directed to make available through loans, purchases, or other operations, price support to cooperators for any crop of any basic agricultural commodity, if producers have not disapproved marketing quotas for such crop, at a level not in excess of 90 per centum of the parity price of the commodity nor less than the level provided in subsections (a), (b), and (c) as follows: (a) For corn and wheat, if the supply percentage as of the beginning of the marketing year is:The level of support shall be not less than the following percentage of the parity price: Not more than 10290 More than 102 but not more than 10489 More than 104 but not more than 10688 More than 106 but not more than 10887 More than 108 but not more than 11086 More than 110 but not more than 11285 More than 112 but not more than 11484 More than 114 but not more than 11683 More than 116 but not more than 11882 More than 118 but not more than 12081 More than 120 but not more than 12280 More than 122 but not more than 12479 More than 124 but not more than 12678 More than 126 but not more than 12877 More than 128 but not more than 13076 More than 13075
For rice of the 1959 and 1960 crops, the level of support shall be not less than 75 per centum of the parity price. For rice of the 1961 crop the level of support shall be not less than 70 per centum of the parity price. For the 1962 and subsequent crops of rice the level of support shall be not less than 65 per centum of the parity price. (b) For cotton, if the supply percentage as of the beginning of the marketing year is:The level of support shall be not less than the following percentage of the parity price: Not more than 10890 More than 108 but not more than 11089 More than 11
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1441
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Federal law — U.S. Code and appendices · legal_authorities
Page 656
TITLE 7—AGRICULTURE
§ 1347
1973, 87 Stat. 233, provided that this section is inappli-
cable to 1971 through 1977 crops of upland cotton.
REMOVAL OF MARKETING PENALTIES ON CERTAIN LONG
STAPLE COTTON
Act Jan. 9, 1951, ch. 1215, 64 Stat. 1237, provided that
the marketing penalty provided in this section, shall
not be applied to long staple cotton of the 1950 crop
ginned on saw type gins where such action was nec-
essary to conserve the cotton because of frost or weath-
er damage.
§ 1347. Repealed. Pub. L. 98–88, § 2, Aug. 26, 1983,
97 Stat. 494
Section, acts Feb. 16, 1938, ch. 30, title III, § 347, 52
Stat. 59; Aug. 29, 1949, ch. 518, § 1, 63 Stat. 675; July 17,
1952, ch. 933, § 4, 66 Stat. 759; Aug. 28, 1958, Pub. L. 85–835,
title I, § 103(3), 72 Stat. 990; Sept. 21, 1959, Pub. L. 86–341,
title II, § 203, 73 Stat. 611; June 30, 1960, Pub. L. 86–566,
74 Stat. 295; Aug. 11, 1968, Pub. L. 90–475, §§ 4, 6, 82 Stat.
701, 702, set out a program for long staple cotton. See
section 1444(h) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 98–88, § 2, Aug. 26, 1983, 97 Stat. 494, provided
that the repeal of this section is effective beginning
with the 1984 crop of extra long staple cotton.
§ 1348. Payments in kind to equalize cost of cot-
ton to domestic and foreign users; rules and
regulations; termination date; persons eligi-
ble; amount; terms and conditions; raw cot-
ton in inventory
In order to maintain and expand domestic con-
sumption of upland cotton produced in the
United States and to prevent discrimination
against the domestic users of such cotton, not-
withstanding any other provision of law, the
Commodity Credit Corporation, under such rules
and regulations as the Secretary may prescribe,
is au
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1347
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