7 U.S.C. § 1333 — National acreage allotment

Page 622 TITLE 7—AGRICULTURE § 1333 1968—Subsec. (d). Pub. L. 90–559 provided for a one year extension through 1970. 1965—Subsec. (b). Pub. L. 89–321 changed item (iv) from the average amount of wheat which was used for livestock feed during 1959–60 to the amount which will be utilized during the marketing year for which the quota is being determined for livestock feed, excluding the estimated quantity of wheat which will be utilized for such purpose as a result of the substitution of wheat for feed grains under section 1339c of this title. Subsec. (d). Pub. L. 89–321 added subsec. (d). 1962—Pub. L. 87–703 substituted provisions for procla- mation of a national marketing quota upon a deter- mination made prior to April 15 in any calendar year, the duration of such a program, the amount of, includ- ing the minimum, quota, and investigation of stocks to increase or terminate the quota during national emer- gencies or material increase in demand for provision for proclamation, not later than May 15 of each cal- endar year, of a national marketing quota for the crop produced in the next calendar year. 1954—Act Aug. 28, 1954, struck out proclamations re- lating to supplies, and changed proclamation date from July 15 to May 15. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 302, Dec. 23, 1985, 99 Stat. 1378, provided that the amendment made by that sec- tion is effective only for the 1987 through 1990 crops of wheat. EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–321, title V, § 501, Nov. 3, 1965, 79 Stat. 1199, provided that the amendments made by section 501 (amending this section and sections 1333, 1334, 1335, and 1339 of this title) are effective beginning with the crop planted for harvest in the calendar year 1966. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–703 effective only with re- spect to programs applicable to crops planted for har- vest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a 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. Pub. L. 101–270, Apr. 10, 1990, 104 Stat. 134, provided: ‘‘That section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332) shall not be applicable to the 1991 crop of wheat.’’ Pub. L. 99–198, title III, § 310(a), Dec. 23, 1985, 99 Stat. 1395, provided that: ‘‘Sections 332, 333, 334, 335, 336, and 338 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332–1336 and 1338) shall not be applicable to the 1986 crop of wheat.’’ 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. 1965 CROP NATIONAL MARKETING QUOTA AND CROP ACREAGE ALLOTMENT Pub. L. 88–297, title II, § 201, Apr. 11, 1964, 78 Stat. 178, directed Secretary to not proclaim a national mar- keting quota for 1965 crop of wheat and that farm mar- keting quotas shall not be in effect for such crop of wheat, and required Secretary to proclaim a national acreage allotment for 1965 crop of wheat which shall be the number of acres which he determined would make available an adequate supply of wheat, but not less than forty-nine million five hundred thousand acres. DEFERRAL OF PROCLAMATION FOR 1963 CROP Pub. L. 87–485, June 15, 1962, 76 Stat. 103, authorized Secretary of Agriculture to defer until July 15, 1962, any proclamation under this section with respect to a national acreage allotment for 1963 crop of wheat and any proclamation under section 1335 of this title with respect to marketing quotas for such crop of wheat. Pub. L. 87–450, May 15, 1962, 76 Stat. 69, authorized Secretary of Agriculture to defer until June 15, 1962, any proclamation under this section with respect to a national acreage allotment for 1963 crop of wheat and any proclamation under section 1335 of this title for such crop of wheat. DEFERRAL OF PROCLAMATION FOR 1960 CROP Pub. L. 86–27, May 15, 1959, 73 Stat. 25, authorized Sec- retary of Agriculture to defer until June 1, 1959, any proclamation under this section with respect to a na- tional acreage allotment for 1960 crop of wheat and any proclamation under section 1335 of this title with re- spect to marketing quotas for such crop of wheat. § 1333. National acreage allotment The Secretary shall proclaim a national acre- age allotment for each crop of wheat. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of the projected national yield and expected under- plantings (acreage other than that not harvested because of program incentives) of farm acreage allotments will produce an amount of wheat equal to the national marketing quota for wheat for the marketing year for such crop, or if a na- tional marketing quota was not proclaimed, the quota which would have been determined if one had been proclaimed. (Feb. 16, 1938, ch. 30, title III, § 333, 52 Stat. 53; June 20, 1938, ch. 518, 52 Stat. 775; July 26, 1939, ch. 377, 53 Stat. 1125; July 3, 1948, ch. 827, title II, § 207(b), 62 Stat. 1257; Pub. L. 87–703, title III, § 312, Sept. 27, 1962, 76 Stat. 620; Pub. L. 89–321, title V, § 501(2), Nov. 3, 1965, 79 Stat. 1199; Pub. L. 99–198, title III, § 303, Dec. 23, 1985, 99 Stat. 1379.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, tem- porarily substituting provisions relating to the estab- lishment and determination of a marketing quota ap- portionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 1332 of this title for provisions relating to the procla- mation and determination of a national acreage allot- Page 623 TITLE 7—AGRICULTURE § 1334 ment for each crop of wheat. See Effective and Termi- nation Dates of 1985 Amendment note below. 1965—Pub. L. 89–321 substituted projected national yield for expected yield in the determination of the basis to be used in arriving at the national acreage al- lotment, inserted limiting parenthetical reference to acreage other than that harvested because of program incentives, and struck out references to expected pro- duction on the increases in acreage allotments for farms based upon small-farm base acreages pursuant to section 1335 of this title and to the expected production on the increased acreages resulting from the small- farm exemption pursuant to section 1335 of this title. 1962—Pub. L. 87–703 substituted provision for procla- mation of a national acreage allotment at the time of proclamation of the national marketing quota in an amount that would be the number of acres which on the basis of expected yields would, together with the ex- pected production on increases in acreage allotments for small farms and on increased acreages resulting from the small-farm exemption, make available a sup- ply equal to the national marketing quota for provision for determination of the national acreage allotment as such acreage as on the basis of the national average yield would produce an amount, which, with estimated carryover and imports, would make available a supply equal to a normal year’s domestic consumption and ex- ports plus 30 per centum and prescribing a national acreage allotment for wheat for 1938 at sixty-two mil- lion five hundred thousand acres and for any year at not less than fifty-five million acres. 1948—Act July 3, 1948, required the Secretary to take imports into consideration in determining acreage al- lotments for the purposes of marketing quotas. 1939—Act July 26, 1939, amended last sentence. 1938—Act June 20, 1938, inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title III, § 303, Dec. 23, 1985, 99 Stat. 1379, provided that the amendment made by that sec- tion is effective only for the 1987 through 1990 crops of wheat. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by 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 sec- tion 1332 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–703 effective only with re- spect to programs applicable to crops planted for har- vest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a 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 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(2), 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 1972 through 1977 crops of wheat. 1965 CROP ACREAGE ALLOTMENT Proclamation of a national acreage allotment for 1965 crop of wheat that will make available an adequate supply of wheat but shall not be less than forty-nine million five hundred thousand acres, see section 201 of Pub. L. 88–297, set out as a note under section 1332 of this title. § 1334. Apportionment of national acreage allot- ment (a) Apportionment among States; special acreage reserve The national allotment for wheat, less a re- serve of not to exceed 1 per centum thereof for apportionment as provided in this subsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year’s allotment for each such State, including all amounts allotted to the State and including for 1967 the increased acreage in the State allotted for 1966 under section 1335 of this title, adjusted to the extent deemed necessary by the Secretary to establish a fair and equi- table apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allot- ments because of loss of history, and other rel- evant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used (1) to make allotments to counties in ad- dition to the county allotments made under sub- section (b) of this section, on the basis of the relative needs of counties for additional allot- ments because of reclamation and other new areas coming into production of wheat, or (2) to increase the allotment for any county, in which wheat is the principal grain crop produced, on the basis of its relative need for such increase if the average ratio of wheat acreage allotment to cropland on old wheat farms in such county is less by at least 20 per centum than such average ratio on old wheat farms in an adjoining county or counties in which wheat is the principal grain crop produced or if there is a definable contig- uous area consisting of at least 10 per centum of the cropland acreage in such county in which the average ratio of wheat acreage allotment to cropland on old wheat farms is less by at least 20 per centum than such average ratio on the re- maining old wheat farms in such county, pro- vided that such low ratio of wheat acreage allot-