7 U.S.C. § 1305 — Transfer of acreage allotments or feed

Page 597 TITLE 7—AGRICULTURE § 1305 This Act, referred to in par. (4) and concluding provi- sions, is act July 3, 1948, ch. 827, 62 Stat. 1247, known as the Agricultural Act of 1948, titles II and III of which became effective Jan. 1, 1950. For complete classifica- tion of this Act to the Code, see Short Title of 1948 Amendment note set out under section 1281 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 1948, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as an Effective Date of 1948 Amend- ment note under section 1301 of this title. § 1301b. Repealed. Pub. L. 85–835, title I, § 108, Aug. 28, 1958, 72 Stat. 993 Section, act Aug. 29, 1949, ch. 518, § 3(a), 63 Stat. 676, prescribed standard cotton grade for parity and price support purposes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 85–835, title I, § 108, Aug. 28, 1958, 72 Stat. 993, provided in part that: ‘‘This section [amending section 1423 of this title and repealing this section] shall be- come effective with the 1961 crop.’’ § 1302. Repealed. Oct. 31, 1949, ch. 792, title IV, § 414, 63 Stat. 1057 Section, acts Feb. 16, 1938, ch. 30, title III, § 302, 52 Stat. 43; June 21, 1938, ch. 554, title V, § 502, 52 Stat. 820; July 3, 1948, ch. 827, title II, § 202(a), 62 Stat. 1252, re- lated to price support of agricultural commodities. § 1303. Parity payments If and when appropriations are made therefor, the Secretary is authorized and directed to make payments to producers of corn, wheat, cotton, or rice, on their normal production of such commodities in amounts which, together with the proceeds thereof, will provide a return to such producers which is as nearly equal to parity price as the funds so made available will permit. All funds available for such payments with respect to these commodities shall unless otherwise provided by law, be apportioned to these commodities in proportion to the amount by which each fails to reach the parity income. Such payments shall be in addition to and not in substitution for any other payments authorized by law. (Feb. 16, 1938, ch. 30, title III, § 303, 52 Stat. 45; Pub. L. 108–357, title VI, § 611(g), Oct. 22, 2004, 118 Stat. 1522.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–357 substituted ‘‘or rice,’’ for ‘‘rice, or tobacco,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. § 1304. Consumer safeguards The powers conferred under this chapter shall not be used to discourage the production of sup- plies of foods and fibers sufficient to maintain normal domestic human consumption as deter- mined by the Secretary from the records of do- mestic human consumption in the years 1920 to 1929, inclusive, taking into consideration in- creased population quantities of any commodity that were forced into domestic consumption by decline in exports during such period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. In carrying out the purposes of this chapter it shall be the duty of the Secretary to give due regard to the maintenance of a continuous and stable supply of agricultural commodities from domes- tic production adequate to meet consumer de- mand at prices fair to both producers and con- sumers. (Feb. 16, 1938, ch. 30, title III, § 304, 52 Stat. 45.) § 1305. Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production his- tories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], or section 590p of title 16, from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the al- lotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred nor- mally has a higher yield per acre for the com- modity for which the allotment or base is deter- mined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for re- transferring allotments or bases and relevant histories if the conditions of the transfers are not fulfilled. (Pub. L. 89–321, title VII, § 706, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91–524, title IV, § 405(a), for- 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.