7 U.S.C. § 1349 — Export market acreage

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 Repealed.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 authorized and directed for the period begin- ning with April 11, 1964 and ending July 31, 1966, to make payments through the issuance of pay- ment-in-kind certificates to persons other than producers in such amounts and subject to such terms and conditions as the Secretary deter- mines will eliminate inequities due to dif- ferences in the cost of raw cotton between do- mestic and foreign users of such cotton, includ- ing such payments as may be necessary to make raw cotton in inventory on April 11, 1964 avail- able for consumption at prices consistent with the purposes of this section: Provided, That for the period beginning August 1 of the marketing year for the first crop for which price support is made available under section 1444(b) of this title, and ending July 31, 1966, such payments shall be made in an amount which will make up- land cotton produced in the United States avail- able for domestic use at a price which is not in excess of the price at which such cotton is made available for export. The Secretary may extend the period for performance of obligations in- curred in connection with payments made for the period ending July 31, 1966, or may make payments on raw cotton in inventory on July 31, 1966, at the rate in effect on such date. No pay- ments shall be made hereunder with respect to 1966 crop cotton. (Feb. 16, 1938, ch. 30, title III, § 348, as added Pub. L. 88–297, title I, § 101, Apr. 11, 1964, 78 Stat. 173; amended Pub. L. 89–321, title IV, § 401(1), Nov. 3, 1965, 79 Stat. 1192.) Editorial Notes PRIOR PROVISIONS A prior section 1348, acts Feb. 16, 1938, ch. 30, title III, § 348, 52 Stat. 59; Aug. 29, 1949, ch. 518, § 1, 63 Stat. 675; Aug. 28, 1954, ch. 1041, title III, § 311(a), 68 Stat. 904, pro- hibited agricultural conservation program payments to any farmer who knowingly harvested any basic com- modity in excess of his acreage allotment and was re- pealed by act May 23, 1955, ch. 45, 69 Stat. 65, effective with respect to 1955 and subsequent crops. AMENDMENTS 1965—Pub. L. 89–321 authorized Secretary to extend period for performance of obligations incurred in con- nection with payments made for period ending July 31, 1966, or to make payments in raw cotton in inventory on July 31, 1966. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title. § 1349. Export market acreage (a) Supplementary allotments for 1964 and 1965; acreage limitation; apportionment among States and farms; ‘‘export market acreage’’ on any farm; farm acreage allotment for farms with export acreage; additional allot- ment; establishment of future allotments without regard to export acreage; exclusion of extra-long-staple cotton and farms receiv- ing additional price support for 1964 and 1965 The acreage allotment established under the provisions of section 1344 of this title for each farm for the 1964 crop may be supplemented by the Secretary by an acreage equal to such per- centage, but not more than 10 per centum, of such acreage allotment as he determines will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date ex- ceeds eight million bales. For the 1965 crop, the Secretary may, after such hearing and inves- tigation as he finds necessary, announce an ex- port market acreage which he finds will not in- crease the carryover of upland cotton at the be- ginning of the marketing year for the next suc- ceeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. Such export market acreage Page 657 TITLE 7—AGRICULTURE § 1350 1 See References in Text note below. shall be apportioned to the States on the basis of the State acreage allotments established under section 1344 of this title and apportioned by the States to farms receiving allotments under section 1344 of this title, pursuant to regu- lations issued by the Secretary, after consid- ering applications for such acreage filed with the county committee of the county in which the farm is located. The ‘‘export market acre- age’’ on any farm shall be the number of acres, not exceeding the maximum export market acreage for the farm established pursuant to this subsection, by which the acreage planted to cotton on the farm exceeds the farm acreage al- lotment. For purposes of sections 1345 and 1374 of this title and the provisions of any law requir- ing compliance with a farm acreage allotment as a condition of eligibility for price support or payments under any farm program, the farm acreage allotment for farms with export market acreage shall be the sum of the farm acreage al- lotment established under section 1344 of this title and the maximum export market acreage. Export market acreage shall be in addition to the county, State, and National acreage allot- ments and shall not be taken into account in es- tablishing future State, county, and farm acre- age allotments. The provisions of this section shall not apply to extra-long-staple cotton or to any farm which receives price support under sec- tion 1444(b) of this title. (b) Bond, other undertaking, and lieu payments for exportation without subsidy and within specified period; terms and conditions; liq- uidated damages; farm acreage allotment upon noncompliance with conditions; remis- sions to CCC for defraying costs of encour- aging export sales of cotton The producers on any farm on which there is export market acreage or the purchasers of cot- ton produced thereon shall, under regulations issued by the Secretary, furnish a bond or other undertaking prescribed by the Secretary pro- viding for the exportation, without benefit of any Government cotton export subsidy and within such period of time as the Secretary may specify, of a quantity of cotton produced on the farm equal to the average yield for the farm multiplied by the export market acreage as de- termined pursuant to regulations issued by the Secretary. The bond or other undertaking given pursuant to this section shall provide that, upon failure to comply with the terms and conditions thereof, the person furnishing such bond or other undertaking shall be liable for liquidated damages in an amount which the Secretary de- termines and specifies in such undertaking will approximate the amount payable on excess cot- ton under section 1346(a) of this title. The Sec- retary may, in lieu of the furnishing of a bond or other undertaking, provide for the payment of an amount equal to that which would be payable as liquidated damages under such bond or other undertaking. If such bond or other undertaking is not furnished, or if payment in lieu thereof is not made as provided herein, at such time and in the manner required by regulations of the Sec- retary, or if the acreage planted to cotton on the farm exceeds the farm acreage allotment estab- lished under the provisions of section 1344 of this title by more than the maximum export market acreage, the farm acreage allotment shall be the acreage so established under section 1344 of this title. Amounts collected by the Secretary under this section shall be remitted to the Commodity Credit Corporation and used by the Corporation to defray costs of encouraging export sales of cotton under section 1853 1 of this title. (Feb. 16, 1938, ch. 30, title III, § 349, as added Pub. L. 88–297, title I, § 106(1), Apr. 11, 1964, 78 Stat. 175.) Editorial Notes REFERENCES IN TEXT Section 1853 of this title, referred to in subsec. (b), was repealed by Pub. L. 103–465, title IV, § 412(c), Dec. 8, 1994, 108 Stat. 4964. PRIOR PROVISIONS A prior section 1349, act Feb. 16, 1938, ch. 30, title III, § 349, 52 Stat. 59, was omitted by act Aug. 29, 1949, ch. 518, § 1, 63 Stat. 670 which amended sections 342 to 350 of act Feb. 16, 1938, ch. 30, title III, 52 Stat. 56 to 60 (sec- tions 1342 to 1344, 1345 to 1347, and prior sections 1348 to 1350 of this title) to be sections 342 to 348 of act Feb. 16, 1938 (sections 1342 to 1344, 1345 to 1347, and a prior sec- tion 1348 of this title). Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title. § 1350. National base acreage allotment (a) Establishment The Secretary shall establish for each of the 1971 through 1977 crops of upland cotton a na- tional base acreage allotment. Such national base acreage allotment shall be announced not later than November 15 of the calendar year pre- ceding the year for which the national base acreage allotment is to be effective. The na- tional base acreage allotment for any crop of cotton shall be the number of acres which the Secretary determines on the basis of the ex- pected national yield will produce an amount of cotton equal to the estimated domestic con- sumption of cotton (standard bales of four hun- dred and eighty pounds net weight) for the mar- keting 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