7 U.S.C. § 1339 — Land use

Page 634 TITLE 7—AGRICULTURE § 1337 Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat. DATE OF REFERENDUM FOR 1954 CROP Act July 14, 1953, ch. 194, § 4(b), 67 Stat. 152, provided that the referendum with respect to 1954 crop of wheat could be held as late as Aug. 15, 1953. § 1337. Repealed. Pub. L. 87–703, title III, § 317, Sept. 27, 1962, 76 Stat. 622 Section, act Feb. 16, 1938, ch. 30, title III, § 337, 52 Stat. 55, related to adjustment and suspension of quotas. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective only with respect to programs appli- cable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see sec- tion 323 of Pub. L. 87–703, set out as a note under sec- tion 1301 of this title. § 1338. Transfer of quotas Farm marketing quotas for wheat shall not be transferable, but, in accordance with regula- tions prescribed by the Secretary for such pur- pose, any farm marketing quota in excess of the supply of wheat for such farm for any marketing year may be allocated to other farms on which the acreage allotment has not been exceeded. (Feb. 16, 1938, ch. 30, title III, § 338, 52 Stat. 55; Pub. L. 99–198, title III, § 307, Dec. 23, 1985, 99 Stat. 1382.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, tem- porarily substituting provisions for voluntary sur- render of any part of a farm marketing quota by the producer and reallocation by the Secretary to other farms having farm marketing quotas for provisions au- thorizing allocation of excess quotas to other farms on which the acreage allotment had not been exceeded. See Effective and Termination Dates of 1985 Amend- ment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 307, Dec. 23, 1985, 99 Stat. 1382, provided that the amendment made by Pub. L. 99–198 is effective only for the 1987 through 1990 crops of wheat. 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. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 crop of wheat, see section 310(a) of Pub. L. 99–198, set out as a note under section 1332 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat. § 1339. Land use (a) Penalties: computation, lien, joint and several liability and interest; exceptions: nonsurplus supply crops, substantial impairment, and nonproduction of wheat; diverted acreage: amount, annual identity, and grazing; crops available for marketing (1) During any year in which marketing quotas for wheat are in effect, the producers on any farm (except a new farm receiving an allotment from the reserve for new farms) on which any crop is produced on acreage required to be di- verted from the production of wheat shall be subject to a penalty on such crop, in addition to any marketing quota penalty applicable to such crops, as provided in this subsection unless (1) the crop is designated by the Secretary as one which is not in surplus supply and will not be in surplus supply if it is permitted to be grown on the diverted acreage, or as one the production of which will not substantially impair the purpose of the requirements of this section, or (2) no wheat is produced on the farm, and the pro- ducers have not filed an agreement or a state- ment of intention to participate in the payment program formulated pursuant to subsection (b) of this section. The acreage required to be di- verted from the production of wheat on the farm shall be an acreage of cropland equal to the number of acres determined by multiplying the farm acreage allotment by the diversion factor determined by dividing the number of acres by which the national acreage allotment (less an acreage equal to the increased acreage allotted for 1966 pursuant to section 1335 of this title) is reduced below fifty-five million acres by the number of acres in the national acreage allot- ment (less an acreage equal to the increased acreage allotted for 1966 pursuant to section 1335 of this title). The actual production of any crop subject to penalty under this subsection shall be regarded as available for marketing and the pen- alty on such crop shall be computed on the ac- tual acreage of such crop at the rate of 65 per centum of the parity price per bushel of wheat as of May 1 of the calendar year in which such crop is harvested, multiplied by the normal yield of wheat per acre established for the farm. Page 635 TITLE 7—AGRICULTURE § 1339 Until the producers on any farm pay the penalty on such crop, the entire crop of wheat produced on the farm and any subsequent crop of wheat subject to marketing quotas in which the pro- ducer has an interest shall be subject to a lien in favor of the United States for the amount of the penalty. Each producer having an interest in the crop or crops on acreage diverted or required to be diverted from the production of wheat shall be jointly and severally liable for the en- tire amount of the penalty. The persons liable for the payment or collection of the penalty under this section shall be liable also for inter- est thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty. (2) The Secretary may require that the acre- age on any farm diverted from the production of wheat be land which was diverted from the pro- duction of wheat in the previous year, to the ex- tent he determines that such requirement is necessary to effectuate the purposes of this part. (3) The Secretary may permit the diverted acreage to be grazed in accordance with regula- tions prescribed by the Secretary. (b) Payment program for 1964 through 1970 crops; terms and conditions; amount; addi- tional diverted acreage; conservation and soil-conserving uses; adjustment; knowledge of exceeding acreage allotment; acreage al- lotment not exceeded by delivery to Sec- retary of farm marketing excess or storage in accordance with regulations to avoid or post- pone payment of penalty or by farms exempt from marketing quota; new farms ineligible for payments; sharing and medium of pay- ments The Secretary is authorized to formulate and carry out a program with respect to the crops of wheat planted for harvest in the calendar years 1964 through 1970 under which, subject to such terms and conditions as he determines are desir- able to effectuate the purposes of this section, payments may be made in amounts not in excess of 50 per centum of the estimated basic county support rate for wheat not accompanied by mar- keting certificates on the normal production of the acreage diverted taking into account the in- come objectives of the chapter, determined by the Secretary to be fair and reasonable with re- spect to acreage diverted pursuant to subsection (a) of this section. Any producer who complies with his 1964 farm acreage allotment for wheat and with the other requirements of the program shall be eligible to receive payments under the program for the 1964 crop of wheat. The Sec- retary may permit producers on any farm to di- vert from the production of wheat an acreage, in addition to the acreage diverted pursuant to subsection (a), equal to 50 per centum of the farm acreage allotment for wheat: Provided, That the producers on any farm may, at their election, divert such acreage in addition to the acreage diverted pursuant to subsection (a), as will bring the total acreage diverted on the farm to twenty-five acres. Such program shall require (1) that the diverted acreage shall be devoted to conservation uses approved by the Secretary; (2) that the total acreage of cropland on the farm devoted to soil-conserving uses, including sum- mer fallow and idle land but excluding the acre- age diverted as provided above, shall be not less than the total average acreage of cropland de- voted to soil-conserving uses including summer fallow and idle land on the farm during a rep- resentative period, as determined by the Sec- retary, adjusted to the extent the Secretary de- termines appropriate for (i) abnormal weather conditions or other factors affecting production, (ii) established crop-rotation practices on the farm, (iii) participation in other Federal farm programs, (iv) unusually high percentage of land on the farm devoted to conserving uses, and (v) other factors which the Secretary determines should be considered for the purpose of estab- lishing a fair and equitable soil-conserving acre- age for the farm; and (3) that the producer shall not knowingly exceed (i) any farm acreage allot- ment in effect for any commodity produced on the farm, and (ii) except as the Secretary may by regulations prescribe, with the farm acreage allotments on any other farm for any crop in which the producer has a share: Provided, That no producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is deliv- ered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty: And provided further, That no producer shall be deemed to have ex- ceeded a farm acreage allotment for any crop of wheat if the farm is exempt from the farm mar- keting quota for such crop under section 1335 of this title. The producers on a new farm shall not be eligible for payments hereunder. The Sec- retary shall provide for the sharing of payment among producers on the farm on a fair and equi- table basis. Payments may be made in cash or in wheat. (c) Adjustment of payments The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the land-use pro- gram formulated under subsection (b) of this section. (d) Advance payments Not to exceed 50 per centum of any payment to producers under subsection (b) of this section may be made in advance of determination of performance. (e) Diverted acreage used for production of cer- tain crops; rate of payment; limitation on rate The Secretary may permit all or any part of the diverted acreage to be devoted to the pro- duction of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to pro- vide an adequate supply, is not likely to in- crease the cost of the price-support program and will not adversely affect farm income, subject to the condition that payment with respect to di- verted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall the pay- ment exceed one-half the rate which otherwise Page 636 TITLE 7—AGRICULTURE § 1339 would be applicable if such acreage were devoted to conservation uses. (f) Additional terms and conditions The program formulated pursuant to sub- section (b) of this section may include such terms and conditions, including provision for the control of erosion, in addition to those spe- cifically provided for herein, as the Secretary determines are desirable to effectuate the pur- poses of this section. (g) Regulations The Secretary is authorized to promulgate such regulations as may be desirable to carry out the provisions of this section. (h) Commodity Credit Corporation funds and au- thorization of appropriations for payments and administrative expenses The Commodity Credit Corporation is author- ized to utilize its capital funds and other assets for the purpose of making the payments author- ized in this section and to pay administrative expenses necessary in carrying out this section during the period ending June 30, 1965. There is authorized to be appropriated such amounts as may be necessary thereafter to pay such admin- istrative expenses. (Feb. 16, 1938, ch. 30, title III, § 339, as added Pub. L. 87–703, title III, § 318, Sept. 27, 1962, 76 Stat. 622; amended Pub. L. 88–297, title II, § 202(7)–(9), Apr. 11, 1964, 78 Stat. 179; Pub. L. 89–321, title V, §§ 501(9), (10), 507, Nov. 3, 1965, 79 Stat. 1201, 1204; Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996.) Editorial Notes PRIOR PROVISIONS A prior section 1339, act Feb. 16, 1938, ch. 30, title III, § 339, 52 Stat. 55, related to penalties for marketing wheat in excess of quotas, prior to repeal by act July 14, 1953, ch. 194, §§ 2, 5, 67 Stat. 151, 152, effective with re- spect to the 1954 and subsequent crops of wheat. See section 1340(2) of this title. AMENDMENTS 1968—Subsec. (b). Pub. L. 90–559 provided for a one year extension through 1970. 1965—Subsec. (a)(1). Pub. L. 89–321, § 507, inserted ‘‘(less an acreage equal to the increased acreage allot- ted for 1966 pursuant to section 1335 of this title)’’ after ‘‘national acreage allotment’’ wherever appearing. Subsec. (b). Pub. L. 89–321, § 501(9), substituted ‘‘crops of wheat planted for harvest in the calendar years 1964 through 1969’’ for ‘‘1964 and 1965 crops of wheat’’, ‘‘50 per centum of the farm acreage allotment’’ for ‘‘20 per cen- tum of the farm acreage allotment’’, and ‘‘twenty-five acres’’ for ‘‘fifteen acres’’. Subsec. (e). Pub. L. 89–321, § 501(10), authorized Sec- retary to permit all or part of diverted acreage to be devoted to mustardseed, crambe, and plantago ovato in addition to previously authorized guar, sesame, saf- flower, sunflower, castor beans, and flax, if he deter- mines that such production of the commodity is need- ed, is not likely to increase cost of price-support pro- gram, and will not adversely affect farm income, and removed from proviso the prohibition against making available price supports for production of such crops on diverted acreage. 1964—Subsec. (a)(1). Pub. L. 88–297, § 202(7), tempo- rarily suspended land-use penalties and made the diver- sion of land from the production of wheat only a condi- tion of eligibility for receiving wheat marketing cer- tificates. See Effective and Termination Dates of 1964 Amendment note below. Subsec. (b). Pub. L. 88–297, § 202(8), inserted in first sentence ‘‘for wheat not accompanied by marketing certificates’’ after ‘‘basic county support rate’’ and in- serted after first sentence ‘‘Any producer who complies with his 1964 farm acreage allotment for wheat and with the other requirements of the program shall be el- igible to receive payments under the program for the 1964 crop of wheat.’’ Subsec. (h). Pub. L. 88–297, § 202(9), substituted ‘‘June 30, 1965’’ for ‘‘June 30, 1963’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 501 of Pub. L. 89–321 effective beginning with crop planted for harvest in calendar year 1966, see section 501 of Pub. L. 89–321, set out as a note under section 1332 of this title. Pub. L. 89–321, title V, § 507, Nov. 3, 1965, 79 Stat. 1204, provided that the amendment made by that section is effective beginning with the crop planted for harvest in calendar year 1967. EFFECTIVE AND TERMINATION DATES OF 1964 AMENDMENT Pub. L. 88–297, title II, § 202(7), Apr. 11, 1964, 78 Stat. 179, as amended by Pub. L. 89–321, title V, § 505(1), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made by sec- tion 202(7) of Pub. L. 88–297 is effective only with re- spect to the crops planted for harvest in calendar years 1964 through 1970. EFFECTIVE DATE Section effective only with respect to programs appli- cable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see sec- tion 323 of Pub. L. 87–703, set out as an Effective Date of 1962 Amendment note under section 1301 of this title. 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. Section inapplicable to 1991 through 1995 crops of wheat, see section 303 of Pub. L. 101–624, set out as a note under section 1331 of this title. Section inapplicable to 1986 through 1990 crops of wheat, see section 310(b) of Pub. L. 99–198, set out as a note under section 1331 of this title. Section inapplicable to 1982 through 1985 crops of wheat, see section 303 of Pub. L. 97–98, set out as a note under section 1331 of this title. Section inapplicable to 1978 through 1981 crops of wheat, see section 404 of Pub. L. 95–113, set out as a note under section 1331 of this title. Pub. L. 91–524, title IV, § 404(1), Nov. 30, 1970, 84 Stat. 1366, as amended by Pub. L. 93–86, § 1(11), Aug. 10, 1973, 87 Stat. 229, provided that this section is not applicable to 1971 through 1977 crops of wheat. WHEAT DIVERSION PROGRAMS; CREDITS IN ESTABLISH- MENT OF STATE, COUNTY AND FARM ACREAGE ALLOT- MENTS FOR WHEAT Credits to State, county and farm of acreage diverted from production of wheat as though actually devoted to such production, see section 1339b of this title. Page 637 TITLE 7—AGRICULTURE § 1339d § 1339a. Repealed. Pub. L. 107–171, title I, § 1613(j)(1), May 13, 2002, 116 Stat. 221 Section, Pub. L. 87–703, title III, § 326, Sept. 27, 1962, 76 Stat. 631; Pub. L. 88–26, § 4, May 20, 1963, 77 Stat. 47; Pub. L. 89–321, title III, § 303, Nov. 3, 1965, 79 Stat. 1192; Pub. L. 101–624, title XI, § 1132(c), Nov. 28, 1990, 104 Stat. 3515; Pub. L. 102–237, title I, § 118(d), Dec. 13, 1991, 105 Stat. 1842, related to good faith reliance. § 1339b. Wheat diversion programs; credits in es- tablishment of State, county and farm acre- age allotments for wheat In the establishment of State, county, and farm acreage allotments for wheat under the Agricultural Adjustment Act of 1938, as amend- ed [7 U.S.C. 1281 et seq.], the acreage which is de- termined under regulations of the Secretary to have been diverted from the production of wheat under the special programs formulated pursuant to section 307 of this Act, section 339 of the Agri- cultural Adjustment Act of 1938, as amended [7 U.S.C. 1339], and section 124 of the Agricultural Act of 1961, shall be credited to the State, coun- ty, and farm as though such acreage had actu- ally been devoted to the production of wheat. (Pub. L. 87–703, title III, § 327, Sept. 27, 1962, 76 Stat. 631.) 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. Section 307 of this Act and section 124 of the Agricul- tural Act of 1961, referred to in text, are, respectively, section 307 of Pub. L. 87–703 and section 124 of Pub. L. 87–128, which were formerly set out as notes under sec- tion 1334 of this title. CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1962, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. § 1339c. Feed grains diversion programs for 1964 and subsequent years; feed grain acreage considered wheat acreage and wheat acreage considered feed grain acreage Effective with the 1964 crop, during any year in which an acreage diversion program is in ef- fect for feed grains, the Secretary shall, not- withstanding any other provision of law, permit producers of feed grains to have acreage devoted to the production of feed grains considered as devoted to the production of wheat and pro- ducers of wheat to have acreage devoted to the production of wheat considered as devoted to the production of feed grains to such extent and subject to such terms and conditions as the Sec- retary determines will not impair the effective operation of the program for feed grains or wheat. In establishing terms and conditions for permitting wheat to be planted in lieu of oats and rye, the Secretary may take into account the number of feed units per acre of wheat in re- lation to the number of feed units per acre of oats and rye. (Pub. L. 87–703, title III, § 328, Sept. 27, 1962, 76 Stat. 631; Pub. L. 89–321, title V, § 514, Nov. 3, 1965, 79 Stat. 1206.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–321 authorized the Secretary, in es- tablishing terms and conditions for permitting wheat to be planted in lieu of oats and rye, to take into ac- count the number of feed units per acre of wheat in re- lation to the number of feed units per acre of oats and rye. CODIFICATION Section was enacted as part of the Food and Agri- culture Act of 1962, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. § 1339d. Hay production on set-aside or diverted acreage; storage; emergency use; loans (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 pro- gram 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 har- vest hay on diverted or set aside acreage pursu- ant to this section shall first agree not to use any such hay harvested from such acreage un- less 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 de- clared by the Secretary. In order to avoid dete- rioration of such hay stored on the farm for emergency purposes pursuant to this section, the Secretary may permit such hay to be re- moved 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 the use of emergency hay by farmers in the area. (e) The Secretary of Agriculture is authorized to make or guarantee loans to farmers, both tenants and landowners, to assist such farmers in the construction of storage facilities on the farm for the storage of emergency hay pursuant to the provisions of this section if such farmers are unable to obtain loans from commercial sources at reasonable rates and on reasonable terms and conditions. Loans made by the Sec- retary under this subsection shall be made at the current rate of interest for periods not ex- ceeding ten years, and on such other terms and conditions as the Secretary may prescribe. (Pub. L. 91–524, title VIII, § 805, Nov. 30, 1970, 84 Stat. 1382.)