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7 U.S.C. § 518b — Contract payments for producers of quota tobacco

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7 U.S.C. § 518b — Contract payments for producers of quota tobacco

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Source file: Laws/federal/codes/united-states-code/title-7/section-518b-contract-payments-for-producers-of-quota-tobacco--68bbb0c32f.md
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Source location: Title 7, Chapter 21C, § 518b; chapter-21c-tobacco-reform.md

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**(a) Contract offered** The Secretary shall offer to enter into a contract with each producer of quota tobacco under which the producer of quota tobacco shall be entitled to receive payments under this section in exchange for the termination of tobacco marketing quotas and related price support under the amendments made by sections 611 and 612.11 See References in Text note below. The contract payments shall constitute full and fair consideration for the termination of such tobacco marketing quotas and related price support. **(b) Eligibility** (1) **Application and determination** — To be eligible to enter into a contract to receive a contract payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person is a producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (2) **Effect of multiple producers for same quota tobacco** — If, on the basis of the applications submitted under paragraph (1) or other information, the Secretary determines that two or more persons are a producer of the same quota tobacco, the Secretary shall provide for an equitable distribution among the persons of the contract payments made under this section with respect to that quota tobacco, based on relative share of such persons in the risk of producing the quota tobacco and such other factors as the Secretary considers appropriate. **(c) Base quota level** (1) **Establishment** — The Secretary shall establish a base quota level applicable to each producer of quota tobacco, as determined under this subsection. (2) **Flue-cured and burley tobacco** — In the case of Flue-cured tobacco (types 11, 12, 13, and 14) and Burley tobacco (type 31), the base quota level for each producer of quota tobacco shall be equal to the effective tobacco marketing quota (irrespective of disaster lease and transfers) under part I of subtitle B of title III of the Agriculture 22 So in original. Probably should be “Agricultural”. Adjustment Act of 1938 [[7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.] for the 2002 marketing year for quota tobacco produced on the farm. (3) **Other kinds of tobacco** — In the case of each kind of tobacco (other than tobacco covered by paragraph (2)), for the purpose of calculating a contract payment to a producer of quota tobacco, the base quota level for the producer of quota tobacco shall be the quantity obtained by multiplying— (A) the basic tobacco farm acreage allotment for the 2002 marketing year established by the Secretary for quota tobacco produced on the farm; by (B) the average annual yield, per acre, of quota tobacco produced on the farm for the period covering the 2001, 2002, and 2003 crop years. **(d) Contract payments** (1) **Calculation of total payment amount** — Subject to subsection (b)(2), the total amount of contract payments to which an eligible producer of quota tobacco is entitled under this section, with respect to a kind of tobacco, shall be equal to the product obtained by multiplying— (A) subject to paragraph (2), $3.00 per pound; by (B) the base quota level of the producer of quota tobacco determined under subsection (c) with respect to that kind of tobacco. (2) **Annual payment** — During each of fiscal years 2005 through 2014, the Secretary shall make a contract payment under this section to each eligible producer of tobacco, with respect to a kind of tobacco, in an amount equal to ⅒ of the amount determined under paragraph (1) for the producer for that kind of tobacco. (3) **Variable payment rates** — The rate for payments to a producer of quota tobacco under paragraph (1)(A) shall be equal to— (A) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in all three of the 2002, 2003, or 2004 tobacco marketing years, the rate prescribed under paragraph (1)(A); (B) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in only two of those tobacco marketing years, ⅔ of the rate prescribed under paragraph (1)(A); (C) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in only one of those tobacco marketing years, ⅓ of the rate prescribed under paragraph (1)(A). **(e) Death of tobacco producer** If a producer of quota tobacco who is entitled to contract payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the contract payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the producer.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 518 — Definitions

In this subchapter and subchapter II: (1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004. (2) **Agricultural Adjustment Act of 1938** — The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004. (3) **Considered planted** — The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary. (4) **Contract** — The term “contract” means a contract entered into under section 518a or 518b of this title. (5) **Contract payment** — The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract. (6) **Producer of quota tobacco** — The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.). (7) **Quota tobacco** — The term ‘quota tobacco’ 11 So in original. means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketin

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 714c — Specific powers of Corporation

In the fulfillment of its purposes and in carrying out its annual budget programs submitted to and approved by the Congress pursuant to chapter 91 of title 31, the Corporation is authorized to use its general powers only to— **(a)** Support the prices of agricultural commodities (other than tobacco) through loans, purchases, payments, and other operations. **(b)** Make available materials and facilities required in connection with the production and marketing of agricultural commodities (other than tobacco). **(c)** Procure agricultural commodities (other than tobacco) for sale to other Government agencies, foreign governments, and domestic, foreign, or international relief or rehabilitation agencies, and to meet domestic requirements. **(d)** Remove and dispose of or aid in the removal or disposition of surplus agricultural commodities (other than tobacco). **(e)** Increase the domestic consumption of agricultural commodities (other than tobacco) by expanding or aiding in the expansion of domestic markets or by developing or aiding in the development of new and additional markets, marketing facilities, and uses for such commodities. **(f)** Export or cause to be exported, or aid in the development of foreign markets for, agricultural commodities (other than tobacco) (including fish and fish products, without regard to whether such fish are harvested in aquacultural operations). **(g)** Carry out conservation or environmental programs authorized by law. **(h)** Carry out such other operations as the Congress may specifically authorize or provide for.In the Corporation’s purchasing and selling operations with respect to agricultural commodities (other than tobacco) (except sales to other Government agencies), and in the warehousing, transporting, processing, or h

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1281 — Administrative expenses; posting names and compensation of local employees

**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16. **(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1311 — Untitled legal text

Page 616 TITLE 7—AGRICULTURE §§ 1311 to 1314–1 vision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. PART B—MARKETING QUOTAS SUBPART I—MARKETING QUOTAS—TOBACCO §§ 1311 to 1314–1. Repealed. Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522 Section 1311, act Feb. 16, 1938, ch. 30, title III, § 311, 52 Stat. 45, set forth legislative findings. Section 1312, acts Feb. 16, 1938, ch. 30, title III, § 312, 52 Stat. 46; Mar. 26, 1938, ch. 54, 52 Stat. 120; Aug. 7, 1939, ch. 562, 563, 53 Stat. 1261; June 13, 1940, ch. 360, §§ 2, 3, 54 Stat. 392; Nov. 22, 1940, ch. 914, §§ 2, 5, 54 Stat. 1209, 1210; Feb. 28, 1942, ch. 123, 56 Stat. 121; July 3, 1948, ch. 827, title II, § 208, 62 Stat. 1257; Aug. 9, 1955, ch. 639, 69 Stat. 557; June 22, 1956, ch. 427, 70 Stat. 330; Pub. L. 99–272, title I, § 1104(a), Apr. 7, 1986, 100 Stat. 89, related to na- tional tobacco marketing quotas. Section 1313, acts Feb. 16, 1938, ch. 30, title III, § 313, 52 Stat. 47; Apr. 7, 1938, ch. 107, § 5, 52 Stat. 202; May 31, 1938, ch. 292, § 2, 52 Stat. 586; Aug. 7, 1939, ch. 564, 53 Stat. 1261; June 13, 1940, ch. 360, § 4, 54 Stat. 392; Feb. 6, 1942, ch. 44, § 1, 56 Stat. 51; Apr. 29, 1943, ch. 80, 57 Stat. 69; Oct. 17, 1951, ch. 511, 65 Stat. 422; Mar. 31, 1955, ch. 21, §§ 3, 4, 69 Stat. 24; Aug. 11, 1955, ch. 789, 69 Stat. 670; Aug. 11, 1955, ch. 799, 69 Stat. 684; Pub. L. 85–489, § 1, July 2, 1958, 72 Stat. 291; Feb. 16, 1938, ch. 30, title III, § 378(d), as added Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 995; Pub. L. 89–12, § 2, Apr. 16, 1965, 79 Stat. 72; Pub. L. 90–106, Oct. 12, 1967, 81 Stat. 275, related to apportionment of national marketing quotas. Section 1314, acts Feb. 16, 1938, ch.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 518b — Contract payments for producers of quota

Page 442 TITLE 7—AGRICULTURE § 518b 1 See References in Text note below. 2 So in original. Probably should be ‘‘Agricultural’’. under this section to each eligible tobacco quota holder, with respect to a kind of to- bacco, in an amount equal to 1⁄10 of the amount determined under paragraph (1) for the to- bacco quota holder for that kind of tobacco. (f) Death of tobacco quota holder If a tobacco quota holder who is entitled to contract payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no sur- viving spouse, to the estate of the tobacco quota holder. (Pub. L. 108–357, title VI, § 622, Oct. 22, 2004, 118 Stat. 1525.) Editorial Notes REFERENCES IN TEXT Sections 611 and 612, referred to in subsec. (a), are sections 611 and 612 of Pub. L. 108–357, which amended sections 609, 1282, 1301, 1303, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealed sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, and repealed provisions set out as a note under section 1314c of this title. Part I of subtitle B of title III of the Agricultural Ad- justment Act of 1938, referred to in subsec. (c)(2), was classified to subpart I (§ 1311 et seq.) of part B of sub- chapter II of chapter 35 of this title prior to repeal by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. For complete classification of this Act to the Code, see section 1281 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to the 2005 an

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