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7 U.S.C. § 518a — Contract payments to tobacco quota holders

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

7 U.S.C. § 518a — Contract payments to tobacco quota holders

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Stable record: federal_law:legal_authorities:record_usc_7267de2fa2f40b50554e2b93
Source file: Laws/federal/codes/united-states-code/title-7/section-518a-contract-payments-to-tobacco-quota-holders--97bb6ce5f5.md
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Source location: Title 7, Chapter 21C, § 518a; chapter-21c-tobacco-reform.md

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**(a) Contract offered** The Secretary shall offer to enter into a contract with each tobacco quota holder under which the tobacco quota holder 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** 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 tobacco quota holder. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. **(c) Base quota level** (1) **Establishment** — The Secretary shall establish a base quota level applicable to each tobacco quota holder identified under subsection (b). (2) **Poundage quotas** — Subject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic quota for quota tobacco established for the 2002 tobacco marketing year under a marketing quota program established 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.] on the farm owned by the tobacco quota holder. (3) **Marketing quotas other than poundage quotas** — Subject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis, the base quota level for each tobacco quota holder shall be the quantity equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the 2002 marketing year established by the Secretary for quota tobacco owned by the tobacco quota holder; by (B) the average production yield, per acre, for the period covering the 2001, 2002, and 2003 crop years for that kind of tobacco in the county in which the quota tobacco is located. **(d) Treatment of certain contracts and agreements** (1) **Effect of purchase contract** — If there was an agreement for the purchase of all or part of a farm described in subsection (c) as of October 22, 2004, and the parties to the sale are unable to agree to the disposition of eligibility for contract payments, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the contract payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds or allotment of the quota. (2) **Effect of agreement for permanent quota transfer** — If the Secretary determines that there was in existence, as of the day before October 22, 2004, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred. **(e) Contract payments** (1) **Calculation of total payment amount** — The total amount of contract payments to which an eligible tobacco quota holder is entitled under this section, with respect to a kind of tobacco, shall be equal to the product obtained by multiplying— (A) $7.00 per pound; by (B) the base quota level of the tobacco quota holder 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 tobacco quota holder, with respect to a kind of tobacco, in an amount equal to ⅒ of the amount determined under paragraph (1) for the tobacco 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 surviving spouse, to the estate of the tobacco quota holder.

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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. § 518a — Contract payments to tobacco quota hold-

Page 441 TITLE 7—AGRICULTURE § 518a 1 See References in Text note below. 2 So in original. Probably should be ‘‘Agricultural’’. principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Agricultural Adjustment Act of 1938, referred to in pars. (2), (6), and (7), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. Part I of subtitle B of title III of the Act was classified to subpart I (§ 1311 et seq.) of part B of subchapter 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 Pub. L. 108–357, title VI, § 643, Oct. 22, 2004, 118 Stat. 1536, provided that: ‘‘This title [see Short Title note below] and the amendments made by this title shall apply to the 2005 and subsequent crops of each kind of tobacco.’’ SHORT TITLE Pub. L. 108–357, title VI, § 601, Oct. 22, 2004, 118 Stat. 1521, provided that: ‘‘This title [enacting this chapter, amending sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, re- pealing 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, enacting provisions set out as notes under this section and section 515 of this title, and repealing provisions set out as a note under section 1314c of this title] may be cit

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