7 U.S.C. § 1306 — Projected yields; determination; base pe-

Page 598 TITLE 7—AGRICULTURE § 1306 merly § 405, title VI, § 606, Nov. 30, 1970, 84 Stat. 1366, 1378, renumbered § 405(a) and amended Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, referred to in text, is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 1281 of this title and Tables. CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1965, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. AMENDMENTS 1973—Pub. L. 93–86 amended Pub. L. 91–524. See 1970 Amendment notes below. 1970—Pub. L. 91–524, § 606, temporarily inserted at end ‘‘The term ‘acreage allotments’ as used in this section includes the farm base acreage allotments for upland cotton.’’ See Effective and Termination Dates of 1970 Amendment note below. Pub. L. 91–524, § 405(2), which temporarily inserted at end ‘‘The term ‘acreage allotments’ as used in this sec- tion includes the domestic allotment for wheat.’’, was repealed by Pub. L. 93–86. Pub. L. 91–524, § 405(a), formerly § 405, as renumbered and amended by Pub. L. 93–86, temporarily inserted ‘‘or the Agricultural Act of 1949, as amended,’’ after ‘‘title 16,’’. See Effective and Termination Dates of 1970 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–86, § 1(12)(a), Aug. 10, 1978, 87 Stat. 229, pro- vided that the repeal of section 405(2) of Pub. L. 91–524 is effective with the 1974 crop. EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT Pub. L. 91–524, title IV, § 405(a), formerly § 405, Nov. 30, 1970, 84 Stat. 1366, as renumbered and amended by Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229, provided that the amendment made by section 405(a) of Pub. L. 91–524 is effective only with respect to the 1971 through 1977 crops of wheat. Pub. L. 91–524, title VI, § 606, Nov. 30, 1970, 84 Stat. 1378, as amended by Pub. L. 93–86, § 1(22), Aug. 10, 1973, 87 Stat. 235, provided that the amendment made by sec- tion 606 of Pub. L. 91–524 is effective only with respect to the 1971 through 1977 crops. § 1306. Projected yields; determination; base pe- riod Notwithstanding any other provision of law, in the determination of farm yields the Secretary may use projected yields in lieu of normal yields. In the determination of such yields the Secretary shall take into account the actual yield proved by the producer for the base period used in determining the projected yield, and the projected yield shall not be less than such ac- tual yield proved by the producer. (Pub. L. 89–321, title VII, § 708, Nov. 3, 1965, 79 Stat. 1211; Pub. L. 91–524, title IV, § 405(b), as added Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229.) Editorial Notes CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1965, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. AMENDMENTS 1973—Pub. L. 91–524, § 405(b), as added by Pub. L. 93–86, temporarily inserted ‘‘(except that in the case of wheat, if the yield is abnormally low in any one of the calendar years of the base period because of drought, flood, or other natural disaster, the Secretary shall take into account the actual yield proved by the pro- ducer in the other four years of such base period)’’ after ‘‘determining the projected yield’’. See Effective and Termination Dates of 1973 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT Pub. L. 91–524, title IV, § 405(b), as added by Pub. L. 93–86, § 1(12)(a), Aug. 10, 1973, 87 Stat. 229, provided that the amendment made by Pub. L. 91–524 is effective with respect to the 1974 through 1977 crops. § 1307. Limitation on payments under wheat, feed grains, and cotton programs for 1974 through 1977 crops Notwithstanding any other provision of law— (1) The total amount of payments which a per- son shall be entitled to receive under one or more of the annual programs established by ti- tles IV, V, and VI of this Act for the 1974 through 1976 crops of the commodities and by ti- tles IV and V of the Food and Agriculture Act of 1977 and titles IV, V, and VI of this Act for the 1977 crop of the commodities shall not exceed $20,000. (2) The term ‘‘payments’’ as used in this sec- tion shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for re- source adjustment or public access for recre- ation. (3) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set- aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such ex- tent and in such manner as the Secretary deter- mines will be fair and reasonable in relation to the amount of the payment reduction. (4) The Secretary shall issue regulations defin- ing the term ‘‘person’’ and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this Act which limit payments to any person shall not be appli- cable to lands owned by States, political sub- divisions, or agencies thereof, so long as such lands are farmed primarily in the direct further- ance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be con- sidered as separate persons shall be in accord- ance with the regulations issued by the Sec- retary on December 18, 1970. (Pub. L. 91–524, title I, § 101, Nov. 30, 1970, 84 Stat. 1358; Pub. L. 93–86, § 1(1), Aug. 10, 1973, 87 Stat.