7 U.S.C. § 1444b — Feed grains; price support program

Page 753 TITLE 7—AGRICULTURE § 1444b modity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has re- ceived funds to cover such expenditures from ap- propriations made to carry out the purposes of this subsection. There are hereby authorized to be appropriated to the Commodity Credit Cor- poration such sums as the Congress may from time to time determine to be necessary to carry out the purposes of this subsection. (Oct. 31, 1949, ch. 792, title I, § 104, as added Pub. L. 85–835, title II, § 201, Aug. 28, 1958, 72 Stat. 993; amended Pub. L. 88–297, title I, § 103(a), Apr. 11, 1964, 78 Stat. 174; Pub. L. 91–524, title VI, § 611, Nov. 30, 1970, as added Pub. L. 93–86, § 1(24), Aug. 10, 1973, 87 Stat. 235; Pub. L. 103–437, § 4(a)(6), Nov. 2, 1994, 108 Stat. 4581.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, as amended, referred to in subsec. (a), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. CODIFICATION Subsec. (b)(1) of this section, as added by section 201 of Pub. L. 85–835, enacted section 330 of Agricultural Adjustment Act of 1938, which is classified as section 1329a of this title. Subsec. (b)(2) of this section, as added by section 201 of Pub. L. 85–835, enacted section 105 of Agricultural Act of 1949, which is classified as section 1444b of this title. Subsec. (b)(3) of this section, as added by section 201 of Pub. L. 85–835, repealed section 101(d)(4) of Agricul- tural Act of 1949, and was executed to text in the repeal of section 1441(d)(4) of this title. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Com- mittee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. 1973—Subsec. (d). Pub. L. 91–524, § 611, as added Pub. L. 93–86, § 1(24), added subsec. (d). 1964—Subsec. (c). Pub. L. 88–297 added subsec. (c). Statutory Notes and Related Subsidiaries 1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM; OPERATIVE STATUS OF CERTAIN PRO- VISIONS Corn producers voted for adoption of price support program as provided in subsec. (b) of this section (254,262) rather than alternative corn acreage allotment and price support program (102,907), the ballot making operative sections 1329a and 1444b and repeal of section 1441(d)(4) of this title. § 1444b. Feed grains; price support program (a) Notwithstanding the provisions of section 1441 of this title, beginning with the 1964 crop, price support shall be made available to pro- ducers for each crop of corn at such level, not less than 50 per centum or more than 90 per cen- tum of the parity price therefor, as the Sec- retary determines will not result in increasing Commodity Credit Corporation stocks of corn: Provided, That in the case of any crop for which an acreage diversion program is in effect for feed grains, the level of price support for corn of such crop shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines nec- essary to achieve the acreage reduction goal es- tablished by him for the crop. (b) Beginning with the 1959 crop, price support shall be made available to producers for each crop of oats, rye, barley, and grain sorghums at such level of the parity price therefor as the Secretary of Agriculture determines is fair and reasonable in relation to the level at which price support is made available for corn, taking into consideration the feeding value of such com- modity in relation to corn, and the other factors set forth in section 1421(b) of this title. (Oct. 31, 1949, ch. 792, title I, § 105, as added Oct. 31, 1949, ch. 792, title I, § 104(b)(2), as added Pub. L. 85–835, title II, § 201, Aug. 28, 1958, 72 Stat. 994; amended Pub. L. 87–5, § 1, Mar. 22, 1961, 75 Stat. 6; Pub. L. 87–128, title I, § 131, Aug. 8, 1961, 75 Stat. 301; Pub. L. 87–425, § 1, Mar. 30, 1962, 76 Stat. 50; Pub. L. 87–703, title III, §§ 301, 305, Sept. 27, 1962, 76 Stat. 612, 614; Pub. L. 88–26, § 2, May 20, 1963, 77 Stat. 44; Pub. L. 89–112, § 1, Aug. 6, 1965, 79 Stat. 446; Pub. L. 89–321, title III, § 301, Nov. 3, 1965, 79 Stat. 1188; Pub. L. 89–451, § 2, June 17, 1966, 80 Stat. 202; Pub. L. 89–321, title III, § 301, Nov. 3, 1965, as amended Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–524, title V, § 501, Nov. 30, 1970, 84 Stat. 1368; Pub. L. 91–524, title V, § 501, Nov. 30, 1970, as amended Pub. L. 93–86, § 1(18), Aug. 10, 1973, 87 Stat. 230; Pub. L. 93–86, § 1(18), Aug. 10, 1973, 87 Stat. 230; Pub. L. 93–86, § 1(18), Aug. 10, 1973, as amended Pub. L. 93–125, § 1(d), Oct. 18, 1973, 87 Stat. 450; Pub. L. 93–228, § 1(b), Dec. 29, 1973, 87 Stat. 944.) Editorial Notes CODIFICATION Pub. L. 91–524, as amended by Pub. L. 93–86, amended section generally by substantially revising subsecs. (a) to (e) and enacting subsecs. (f) to (i), effective only through the 1977 crops of feed grains. See 1970 and 1973 Amendment notes and Effective and Termination Dates of 1970 and 1973 Amendment notes below. Prior to such amendment by Pub. L. 91–524 and Pub. L. 93–86, subsec. (c) was applicable only to the 1961 to 1963 crops of feed grains, subsec. (d) was applicable only to the 1964 and 1965 crops of feed grains, and subsec. (e) was applicable only to the 1966 through 1970 crops of feed grains. AMENDMENTS 1973—Pub. L. 93–228 amended feed grains program for 1974 through 1977, as described below. Pub. L. 93–125 amended feed grain loan and purchases price support program for 1974 through 1977, as de- scribed below. Pub. L. 93–86 temporarily enacted feed grain loans and purchases price support program for 1974 through 1977, as described below. See Effective and Termination Dates of 1973 Amendment note below. Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(A), reenacted introductory text without change. Subsec. (a)(1). Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(A), increased minimum corn crop support level from $1.00 to $1.10 per bushel. Page 754 TITLE 7—AGRICULTURE § 1444b Subsec. (a)(2). Pub. L. 91–524, § 501, as amended Pub. L. 93–36, § 1(18)(A), reenacted par. (2) provisions without change. Subsec. (b)(1). Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(B), added par. (1). Former par. (1) related to subject matter as described in 1970 Amendment note for subsec. (b)(1) of this section. Subsec. (b)(1) last sentence. Pub. L. 93–228 substituted ‘‘(or of wheat, or cotton planted in lieu of the allotted crop)’’ for ‘‘(or other nonconserving crop planted in- stead of feed grains)’’. Subsec. (b)(2). Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(B), added par. (2). Former par. (2) made payments with respect to a farm available on 50 per centum of the feed grain base for the farm and for com- putation of the payments on the basis of the yield es- tablished for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. Subsec. (b)(3). Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(B), substituted in: first sentence, ‘‘the feed grain allotment for the farm, the feed grain allotment for the farm for the succeeding crops shall be reduced by the percentage by which the planted acreage is less than the feed grain allotment for the farm, but such re- duction shall not exceed 20 per centum of the feed grain allotment’’ for ‘‘the portion of the feed grain base for the farm on which payments are available under this subsection, the feed grain base for the farm for the suc- ceeding crops shall be reduced by the percentage by which the planted acreage is less than such portion of the feed grain base for the farm, but such reduction shall not exceed 20 per centum of the feed grain base’’; second sentence, including proviso, ‘‘feed grain allot- ment’’ for ‘‘feed grain base’’; third sentence, ‘‘feed grain allotments’’ for ‘‘feed grain bases’’; fourth sen- tence, ‘‘90 per centum of the feed grain allotment’’ for ‘‘90 per centum of the portion of the feed grain base on which payments are made available’’ and ‘‘100 per cen- tum of such allotment’’ for ‘‘100 per centum of such portion’’; and sixth sentence ‘‘effective operation of the program’’ for ‘‘effective operation of the feed grain or soybean program’’; and authorized acreage devoted to guar, castor beans, cotton, triticale, oats, rye, or such other crops as the Secretary may deem appropriate, to be considered as feed grain acreage. Subsec. (c)(1) second sentence. Pub. L. 93–86, § 1(18)(D), formerly § 1(18)(C [second]), renumbered by Pub. L. 93–125, § 1(d)(ii), substituted in item (i) ‘‘feed grain al- lotment’’ for ‘‘feed grain base’’, inserted preceding item (ii) ‘‘, if required by the Secretary’’, and substituted in item (ii) ‘‘soil conserving uses’’ for ‘‘soil-conserving uses’’. Subsec. (c)(1) third sentence. Pub. L. 93–86, § 1(18)(E), formerly § 1(18)(D), renumbered by Pub. L. 93–125, § 1(d)(ii), substituted ‘‘The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to feed grains on the farm to a percentage of the farm acreage allotment.’’ for ‘‘The Secretary is authorized for the 1971, 1972, and 1973 crops to limit the acreage planted to feed grains on the farm to such percentage of the feed grain base as he determines necessary to provide an orderly transition to the program provided for under this section.’’ Subsec. (c)(1) fifth sentence. Pub. L. 93–86, § 1(18)(D), formerly § 1(18)(C [second]), renumbered by Pub. L. 93–125, § 1(d)(ii), substituted ‘‘1971 through 1977’’ for ‘‘1971, 1972, 1973’’. Subsec. (c)(1) last sentence. Pub. L. 93–86, § 1(18)(C), as amended Pub. L. 93–125, § 1(d)(i), authorized set-aside acreage to be devoted to hay and production of triticale, oats, and rye, and deleted item (1) and (2) des- ignation of existing provisions, and former introduc- tory text reading ‘‘Grazing shall not be permitted dur- ing any of the five principal months of the normal growing season as determined by the county committee established pursuant to section 590h(b) of title 16, and subject to this limitation’’, and provided for such provi- sions as run-in rather than new-paragraph text. Subsec. (c)(3). Pub. L. 93–86, § 1(18)(G), formerly § 1(18)(F), renumbered by Pub. L. 93–125, § 1(d)(ii), in- serted after provision for devotion of set-aside acreage and diverted acreage to wildlife food plots or wildlife habitat the sentence ‘‘The Secretary may, in the case of programs for the 1974 through 1977 crops, pay an ap- propriate share of the cost of practices designed to carry out the purposes of the foregoing sentences.’’ Subsec. (e)(1). Pub. L. 93–86, § 1(18)(F), formerly § 1(18)(E), renumbered by Pub. L. 93–125, § 1(d)(ii), struck out provision reading ‘‘For the purpose of this section, the feed grain base shall be the average acreage de- voted on the farm to corn, grain sorghums and, if des- ignated by the Secretary, barley in 1959 and 1960.’’ Subsec. (e)(2). Pub. L. 93–86, § 1(18)(F), formerly § 1(18)(E), renumbered by Pub. L. 93–125, § 1(d)(ii), sub- stituted ‘‘farm grain allotments’’ for ‘‘farm grain bases’’ wherever appearing. Subsec. (e)(3). Pub. L. 93–86, § 1(18)(F), formerly § 1(18)(E), renumbered by Pub. L. 93–125, § 1(d)(ii), struck out provisions respecting reservation for farms in a State for any year for apportionment to farms without 1959 and 1960 acreage, apportionment factors, prohibi- tion against reflection of new cropland by such re- served allocation, and consideration of farm feed grain base as farm feed grain acreage for 1959 and 1960 crop years. Subsec. (g). Pub. L. 93–86, § 1(18)(F), formerly § 1(18)(E), renumbered by Pub. L. 93–125, § 1(d)(ii), struck out provisions for preliminary payments, time and rate of payment, and reduction of preliminary payment rate. 1970—Pub. L. 91–524 temporarily enacted feed grains loans and purchases price support program for 1971, 1972, and 1973, as described below. See Effective and Termination Dates of 1970 Amendment note below. Pub. L. 91–524 substituted as introductory text ‘‘Not- withstanding any other provision of law’’ for former subsec. (a) introductory text ‘‘Notwithstanding the pro- visions of section 1441 of this title’’. Subsec. (a)(1). Pub. L. 91–524 substituted par. (1) pro- visions making loans and purchases available on corn crop at such level, not less than $1.00 per bushel nor in excess of 90 per centum of the parity price therefor, as the Secretary determines will encourage exportation of feed grains and not result in excessive total stocks of feed grains in the United States for former subsec. (a) provisions for such corn price support level, beginning with 1964 crop, not less than 50 per centum or more than 90 per centum of the parity price therefor, as the Secretary determines will not result in increasing Commodity Credit Corporation stocks of corn, includ- ing proviso for such corn price support level, in the case of any crop for which an acreage diversion pro- gram is in effect for feed grains, not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines necessary to achieve the acreage reduction goal established by him for the crop. Subsec. (a)(2). Pub. L. 91–524 substituted par. (2) pro- visions making loans and purchases available on each crop of barley, oats, and rye, at such level as the Sec- retary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of such commodity in relation to corn and other factors specified in section 1421(b) of this title, and on each crop of grain sorghums at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value and average transportation costs to market of grain sor- ghums in relation to corn for former subsec. (b) provi- sions for such price support level on each crop of oats, rye, barley, and grain sorghums, beginning with the 1959 crop, at such level of the parity price therefor as the Secretary of Agriculture determines is fair and rea- sonable in relation to the level at which price support is made available for corn, taking into consideration the feeding value of such commodity in relation to corn, and the other factors set forth in section 1421(b) of this title. Page 755 TITLE 7—AGRICULTURE § 1444b Subsec. (b)(1). Pub. L. 91–524 made payments available for crops of corn, grain sorghums, and barley; pre- scribed as payment rate for corn such rate as, together with the national average market price received by farmers during first five months of the marketing year for the crop would not be less than (A) $1.35 per bushel, or (B) 70 per centum of the parity price of corn as of the beginning of the marketing year, whichever was the greater; prescribed as payment rate for grain sorghums and barley such rate as was fair and reasonable in rela- tion to the rate at which payments were made avail- able for corn; and prescribed rate of payment for 1973 crop would not be such as would result in a total amount of payments which Secretary estimated would be made pursuant to this subsection with respect to 1973 crop of feed grains above total amount of payments made pursuant to this subsection with respect to 1972 crop of feed grains by reason of level specified in clause (B) being fixed above 68 per centum of the parity price for the corn. Subsec. (b)(2). Pub. L. 91–524 made payments with re- spect to a farm available on 50 per centum of the feed grain base for the farm and for computation of the pay- ments on the basis of the yield established for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. Subsec. (b)(3). Pub. L. 91–524 added par. (3). Former subsec. (b) provided that ‘‘Beginning with the 1959 crop, price support shall be made available to pro- ducers for each crop of oats, rye, barley, and grain sor- ghums at such level of the parity price therefor as the Secretary of Agriculture determines is fair and reason- able in relation to the level at which price support is made available for corn, taking into consideration the feeding value of such commodity in relation to corn, and the other factors set forth in section 1421(b) of this title,’’ and is now incorporated in subsec. (a)(2) of this section. Subsec. (c)(1). Pub. L. 91–524 required cropland set- aside, taking into consideration excessive stocks and adequate carryover, and provided for conservation uses acreage, crop year feed grain acreage limitation, ‘‘feed grains’’ for consideration of wheat as feed grain acre- age, consideration of section 1339c feed grains diversion program, grazing restriction, and authorization of set- aside acreage for grazing and production of other com- modities. Subsec. (c)(2). Pub. L. 91–524 provided for land diver- sion payments for conservation uses acreage and for conservation uses acreage limitation. Subsec. (c)(3). Pub. L. 91–524 required protective measures and provided for wildlife use standards and additional payments for public use. Subsec. (c)(4). Pub. L. 91–524 provided for filing of par- ticipation agreement of farm operators, soil conserving uses acreage requirement, and mutual termination of agreement because of emergencies or limited supplies. Subsec. (c)(5), (6). Pub. L. 91–524 struck out pars. (5) and (6) which related to price support for 1963 crop of corn and to eligibility for price support on 1963 crop of corn, grain sorghums, and barley. Subsec. (d). Pub. L. 91–524 redesignated ninth sen- tence of former subsec. (e) as (d) and substituted ‘‘shar- ing of payments under this section among producers on the farm on a fair and equitable basis’’ for ‘‘sharing of such certificates among producers on the farm on the basis of their respective shares in the feed grain crop produced on the farm, or the proceeds therefrom, ex- cept that in any case in which the Secretary deter- mines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equi- table’’. Subsec. (e). Pub. L. 91–524 added subsec. (e). Subsec. (f). Pub. L. 91–524 redesignated last sentence of former subsec. (e) as (f) and substituted ‘‘under this section precludes the making of loans, purchases, and payments’’ and ‘‘make such loans, purchases, and pay- ments’’ for ‘‘under this subsection (e) and subsection (e) of this section preclude the making of payments-in- kind’’ and ‘‘make such payments-in-kind’’. Subsecs. (g) to (i). Pub. L. 91–524 added subsecs. (g) to (i). 1968—Pub. L. 90–559 amended feed grains price support program for 1966 through 1969, extending such program through 1970. Subsec. (e). Pub. L. 89–321, as amended Pub. L. 90–559, substituted ‘‘1970’’ for ‘‘1969’’ in provision of text ‘‘1966 through 1970 crops of feed grains’’. 1966—Pub. L. 89–451 amended feed grains price support program for 1966 through 1969. Subsec. (e). Pub. L. 89–451 substituted ‘‘planted to any other crop for which there are marketing quotas or vol- untary adjustment programs in effect’’ for ‘‘planted to any other income-producing crop during such year’’ in sixth sentence. 1965—Pub. L. 89–321 enacted feed grains price support program for 1966 through 1969. Pub. L. 89–112 amended feed grains price support pro- gram for 1965. Subsec. (d). Pub. L. 89–112 inserted eleventh sentence ‘‘An acreage on the farm which the Secretary finds was not planted to feed grains in 1965 because of flood, drought, or other natural disaster shall be deemed by the Secretary to be an actual acreage of feed grains planted on the farm for harvest for purposes of this subsection, provided such acreage is not subsequently devoted to any price supported crop for 1965.’’ Subsec. (e). Pub. L. 89–321, in adding subsec. (e), en- acted feed grains price support program for 1966 through 1969. Subsec. (e) first sentence. Pub. L. 89–321 required as a condition of eligibility for price support for 1966 through 1969 crops of feed grains on crop of feed grains included in any acreage diversion program under sec- tion 590p(i) of Title 16, participation of producer in the diversion program to the extent prescribed by the Sec- retary, and as a condition of eligibility for such price support if a diversion program was not in effect for 1966 through 1969 crops, that feed grain base be not exceeded by producer, provided that acreage on farm diverted from production of feed grains pursuant to contract under Cropland Adjustment Program shall be deemed acreage diverted from production of feed grains for pur- poses of eligibility requirements, and excepted pro- ducer of malting barley from requirement of participa- tion in the acreage diversion program for feed grains if such producer had previously produced a malting vari- ety of barley, planted barley only of an acceptable malting variety for harvest, did not devote barley farm acreage in excess of 110 per centum of average acreage devoted to barley in 1959 and 1960, did not devote corn and grain sorghums farm acreage in excess of average acreage devoted to corn and grain sorghums in 1959 and 1960, and did not devote oats and rye acreage in 1959 and 1960 to production of wheat pursuant to section 1339c of this title. Subsec. (e) second sentence. Pub. L. 89–321 incor- porated third sentence of former subsec. (d) as second sentence of subsec. (e) and substituted ‘‘price-support’’ and ‘‘payments-in-kind’’ for ‘‘price support’’ and ‘‘pay- ments in kind’’. Subsec. (e) third sentence. Pub. L. 89–321 made pay- ments-in-kind available on maximum permitted acre- age and authorized the Secretary to make available the same total amount on a smaller acreage or acreages at a higher rate or rates. Subsec. (e) fourth sentence. Pub. L. 89–321 incor- porated fourth sentence of former subsec. (d) as fourth sentence of subsec. (e), substituted bushel determina- tion provision calling for multiplication of that part of the actual acreage of such feed grain planted on the farm for harvest on which the Secretary made such payments available by the farm projected yield per acre for prior provision calling for such multiplication of actual acreage of such feed grain planted on the farm for harvest by the adjusted average yield per acre, and inserted proviso respecting consideration of soybean as feed grain acreage to such extent and subject to such Page 756 TITLE 7—AGRICULTURE § 1444b terms and conditions as Secretary determined would not impair effective operation of price support program and proviso deeming entire feed grains acreage as so planted when 90 per centum of feed grains acreage per- mitted to be planted has been so planted. Subsec. (e) fifth sentence. Pub. L. 89–321 authorized reduction of that portion of the support price which was made available through loans and purchases for the 1966 through 1969 crops below the loan level for the 1965 crop by such amounts and in such stages as might be necessary to promote increased participation in the feed grain program, taking into account increases in yields, but so as not to disrupt the feed grain and live- stock economy, without modifying or affecting Sec- retary’s discretion to maintain or increase total price support levels to cooperators. Subsec. (e) sixth sentence. Pub. L. 89–321 incorporated eleventh sentence of former subsec. (d) as sixth sen- tence of subsec. (e) and substituted ‘‘planted to feed grains’’ for ‘‘planted to feed grains in 1965’’ and ‘‘deemed to be an actual acreage of feed grains planted for harvest for purposes of such payments provided such acreage is not subsequently planted to any other income-producing crop during such year’’ for ‘‘deemed by the Secretary to be an actual acreage of feed grains planted on the farm for harvest for purposes of this subsection, provided such acreage is not subsequently devoted to any price supported crop for 1965’’. Subsec. (e) seventh sentence. Pub. L. 89–321 incor- porated sixth sentence of former subsec. (d) as seventh sentence of subsec. (e). Subsec. (e) eighth sentence. Pub. L. 89–321 incor- porated seventh sentence of former subsec. (d) as eighth sentence of subsec. (e) and substituted ‘‘Payments-in- kind’’ for ‘‘Such payments in kind’’, parenthetical text ‘‘valued by the Secretary at not less than the current support price made available through loans and pur- chases’’ for ‘‘valued by the Secretary at not less than the current support price minus that part of the cur- rent support price made available through payments in kind’’, and ‘‘in accordance with regulations prescribed by the Secretary and notwithstanding any other provi- sion of law’’ for ‘‘and, notwithstanding any other provi- sions of law’’. Subsec. (e) ninth sentence. Pub. L. 89–321 incor- porated ninth sentence of former subsec. (d) as ninth sentence of subsec. (e) and substituted ‘‘basis of their respective shares in the feed grain crop produced on the farm, or the proceeds therefrom, except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable’’ for ‘‘basis of their respective shares in the crop produced on the farm with respect to which such certificates are issued, or the proceeds therefrom’’. Subsec. (e) tenth sentence. Pub. L. 89–321 incor- porated tenth sentence of former subsec. (d) as tenth sentence of subsec. (e) and substituted ‘‘, in accordance with the provisions of such program,’’ for ‘‘in accord- ance with the provisions of such program’’. Subsec. (e) eleventh sentence. Pub. L. 89–321 author- ized the Secretary, where the failure of a producer to comply with the terms and conditions of the programs formulated under subsecs. (d) and (e) of this section precluded making payments-in-kind, to make such pay- ments-in-kind in such amounts as he determined to be equitable in relation to the seriousness of the default. 1963—Pub. L. 88–26 amended feed grains support pro- gram for 1962, and enacted feed grains support program for 1964 and 1965, as described hereunder. Subsec. (a). Pub. L. 88–26, § 2(1), inserted proviso for such corn price support level, in the case of any crop for which an acreage diversion program is in effect for feed grains, not less than 65 per centum or more than 90 per centum of the parity price therefor as the Sec- retary determines necessary to achieve the acreage re- duction goal established by him for the crop. Subsec. (d). Pub. L. 88–26, § 2(2), in adding subsec. (d), enacted feed grains support program for 1964 and 1965. Subsec. (d) first sentence. Pub. L. 88–26, § 2(2), made subsec. (d) applicable to 1964 and 1965 feed grains crops if an acreage diversion program was in effect under sec- tion 590p(h) of title 16. Subsec. (d) second sentence. Pub. L. 88–26, § 2(2), re- quired as a condition of eligibility for price support on crop of feed grain included in the acreage diversion pro- gram, participation of producer in the diversion pro- gram to the extent prescribed by the Secretary, and as a condition of eligibility for such price support if a di- version program was not in effect for 1964 or 1965 crop, that feed grain base be not exceeded by producer and excepted producer of malting barley from requirement of participation in the acreage diversion program for feed grains if such producer had previously produced a malting variety of barley, planted barley only of an ac- ceptable malting variety for harvest, did not devote barley farm acreage in excess of 110 per centum of aver- age acreage devoted to barley in 1959 and 1960, did not devote corn and grain sorghums farm acreage in excess of average acreage devoted to corn and grain sorghums in 1959 and 1960, and did not devote oats and rye acreage in 1959 and 1960 to production of wheat pursuant to sec- tion 1339c of this title. Subsec. (d) third sentence. Pub. L. 88–26, § 2(2), au- thorized payments in kind for such portion of support price for any feed grain included in the acreage diver- sion program to assure that benefits of price support and diversion programs inure primarily to those pro- ducers who cooperate in feed grains acreage reductions. Subsec. (d) fourth sentence. Pub. L. 88–26, § 2(2), pro- vided for payments in kind on number of bushels of feed grain determined by multiplying actual acreage of feed grain planted on the farm for harvest by adjusted aver- age yield per acre. Subsec. (d) fifth sentence. Pub. L. 88–26, § 2(2), made base period used in determining adjusted average yield the same as used for purposes of acreage diversion pro- gram under section 590p(h) of title 16. Subsec. (d) sixth sentence. Pub. L. 88–26, § 2(2), au- thorized 50 per centum payments to producers in ad- vance of determination of performance. Subsec. (d) seventh sentence. Pub. L. 88–26, § 2(2), pro- vided for payments in kind through issuance of nego- tiable certificates, redemption for feed grains by the CCC (such feed grains to be valued by the Secretary at not less than the current support price minus that part of the current support price made available through payments in kind, plus reasonable carrying charges), and for assistance of CCC in marketing of the certifi- cates. Subsec. (d) eighth sentence. Pub. L. 88–26, § 2(2), pro- vided for deduction from value of negotiable certifi- cates, not presented for redemption within thirty days of date of issuance, or reasonable costs of storage and other carrying charges, for the period beginning thirty days after issuance and ending with date of presen- tation for redemption. Subsec. (d) ninth sentence. Pub. L. 88–26, § 2(2), re- quired the Secretary to provide for sharing of nego- tiable certificates among producers on the farm on basis of respective shares in the crop produced on the farm with respect to which such certificates were issued, or the proceeds therefrom. Subsec. (d) tenth sentence. Pub. L. 88–26, § 2(2), condi- tioned availability of price support for feed grains in- cluded in acreage diversion program, where operator of farm elected to participate in the acreage diversion program, to producers on farm diverting from feed grain production under the program an acreage on the farm equal to number of acres which operator agreed to divert, and agreement so provided. 1962—Pub. L. 87–703 enacted feed grains price support program for 1963. Pub. L. 87–425 amended feed grains support program for 1962. Subsec. (a). Pub. L. 87–703, § 305, substituted provi- sions for such corn price support level, beginning with 1964 crop, not less than 50 per centum or more than 90 per centum of the parity price therefor, as the Sec- Page 757 TITLE 7—AGRICULTURE § 1444b retary determines will not result in increasing Com- modity Credit Corporation stocks of corn for former corn price support, beginning with 1959 crop, at 90 per centum of the average price received by farmers during the three calendar years immediately preceding the calendar year in which the marketing year for such crops began, adjusted to offset the effect on such price of any abnormal quantities of low-grade corn marketed during any of such year, provided the level of price sup- port for any crop of corn be not less than 65 per centum of the parity price therefor. Subsec. (c). Pub. L. 87–703, § 301, in adding pars. (5) and (6), enacted feed grains price support program for 1963, as described hereunder. Subsec. (c)(4). Pub. L. 87–425 excepted producer of bar- ley on a summer-fallow farm from requirement of par- ticipation in special agricultural conservation program for 1962 for barley if such producer did not devote bar- ley farm acreage in excess of average acreage devoted to barley in 1959 and 1960 plus the acreage devoted to summer fallow in 1961 which was diverted from the pro- duction of wheat under the special 1962 wheat program and did not devote corn, grain sorghums, and barley farm acreage in excess of 80 per centum of average acreage devoted to corn, grain sorghums, and barley in 1959 and 1960. Subsec. (c)(5). Pub. L. 87–703, § 301, required establish- ment of 1963 corn crop price support at such level not less than 65 per centum of parity price as Secretary might determine; provided for: payments in kind in amount of 18 cents per bushel of support price for corn, and comparable portion of support price for grain sor- ghums and barley; such payments on number of bushels of such feed grain determined by multiplying actual acreage of such feed grain planted on the farm for har- vest in 1963 by the adjusted average yield per acre for 1959 and 1960 crop acreage of such feed grain; such pay- ments through issuance of negotiable certificates re- deemable by CCC for corn, grain sorghums, and barley (such feed grains to be valued by the Secretary at not less than support price minus that part of support price made available through payments in kind) and for CCC assistance to producer in marketing of such certifi- cates; deduction from value of the certificate, in the case of any certificate not presented for redemption within 30 days of date of its issuance, reasonable costs of storage and other carrying charges for period begin- ning 30 days after its issuance and ending with the date of its presentation for redemption; and basis for shar- ing of such certificate among producers on the farm; and conditioned availability of price support to inclu- sion of prescribed acreage diversion where operator of farm elected to participate in the special agricultural conservation program for 1963, for corn, grain sor- ghums, and barley. Subsec. (c)(6). Pub. L. 87–703, § 301, required as a con- dition of eligibility for price support on 1963 crop of corn, grain sorghums, and barley participation of pro- ducer in special agricultural conservation program for 1963 for corn, grain sorghums, and barley to the extent prescribed by the Secretary and excepted producer of malting barley from requirement of participation in special agricultural conservation program for 1963 if such producer had previously produced a malting vari- ety of barley, planted barley only of an acceptable malting variety for harvest in 1963, and did not devote barley farm acreage in excess of 110 per centum of aver- age acreage devoted to barley in 1959 and 1960, and did not devote corn and grain sorghums farm acreage in ex- cess of average acreage devoted to corn and grain sor- ghums in 1959 and 1960. 1961—Pub. L. 87–128 enacted feed grains price support program for 1962. Pub. L. 87–5 enacted special feed grains price support program for 1961. Subsec. (c). Pub. L. 87–128, in adding pars. (3) and (4), enacted feed grains price support program for 1962. Pub. L. 87–5, in adding pars. (1) and (2), enacted spe- cial feed grains price support program for 1961. Subsec. (c)(1). Pub. L. 87–5 required establishment of 1961 corn crop price support at such level not less than 65 per centum of parity price as Secretary might deter- mine and made corn and grain sorghums price support available on not to exceed the normal production of 1961 acreage of corn and grain sorghums of each eligible farm based on average yield per acre for 1959 and 1960 crop acreage. Subsec. (c)(2). Pub. L. 87–5 required as a condition of eligibility for price support on 1961 crop of corn, grain sorghums, and any other feed grain designated by the Secretary, participation of producer in special agricul- tural conservation program for 1961 for corn and grain sorghums to the extent prescribed by the Secretary. Subsec. (c)(3). Pub. L. 87–128 required establishment of 1962 corn crop price support at such level not less than 65 per centum of parity price as Secretary might determine and made corn, grain sorghums, and barley price support available on not to exceed the normal production of 1962 acreage of corn, grain sorghums, and barley of each eligible farm based on average yield per acre for 1959 and 1960 crop acreage. Subsec. (c)(4). Pub. L. 87–128 required as a condition of eligibility for price support on 1962 crop of corn and grain sorghums participation of producer in special ag- ricultural conservation program for 1962 for corn and grain sorghums to the extent prescribed by the Sec- retary and prohibited farm acreage devoted to barley in excess of average acreage devoted to barley in 1959 and 1960; required as a condition of eligibility for price sup- port on 1962 crop of barley participation of producer in special agricultural conservation program for 1962 for barley to the extent prescribed by the Secretary and prohibited farm acreage devoted to corn and grain sor- ghums in excess of average acreage devoted to corn and grain sorghums in 1959 and 1960; and excepted producer of malting barley from requirement of participation in special agricultural conservation program for 1962 for barley if such producer had previously produced a malt- ing variety of barley, planted barley only of an accept- able malting variety for harvest in 1962, and did not de- vote barley farm acreage in excess of 110 per centum of average acreage devoted to barley in 1959 and 1960, and did not devote corn and grain sorghums farm acreage in excess of average acreage devoted to corn and grain sorghums in 1959 and 1960. 1958—Pub. L. 85–835 enacted corn and feed grains price support provisions, beginning with the 1959 crop. Subsec. (a). Pub. L. 85–835 made corn price support available, beginning with 1959 crop, at 90 per centum of average price received by farmers during three calendar years immediately preceding calendar year in which marketing year for the crop begins, adjusted to offset effect on such price of any abnormal quantities of low- grade corn marketed during any of such year, with minimum price support level at 65 per centum of parity price for any crop of corn. Subsec. (b). Pub. L. 85–835 made price support avail- able, beginning with 1959 crop, for each crop of oats, rye, barley, and grain sorghums, at such level of parity price as Secretary of Agriculture determined was fair and reasonable in relation to price support level for corn, taking into consideration the feeding value of such commodity in relation to corn, and the other fac- tors set forth in section 1421(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT Pub. L. 91–524, title V, § 501, as amended by Pub. L. 93–86, § 1(18), Aug. 10, 1973, 87 Stat. 230, provided that the amendment made by section 501 is effective only with respect to the 1974 through 1977 crops of feed grains. Pub. L. 91–524, title V, § 501(a), formerly § 501, as re- numbered and amended by Pub. L. 93–86, § 1(18)(A), Aug. 10, 1973, 87 Stat. 230, provided that the amendment made by section 501(a) is effective only with respect to the 1971 through 1977 crops of feed grains. Pub. L. 91–524, title V, § 501(b), as added by Pub. L. 93–86, § 1(18)(B), Aug. 10, 1973, 87 Stat. 230, provided that Page 758 TITLE 7—AGRICULTURE §§ 1444c, 1444d the amendment made by section 501(b) is effective only with respect to the 1974 through 1977 crops of feed grains. EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT Pub. L. 91–524, title V, § 501, Nov. 30, 1970, 84 Stat. 1368, provided that the amendment made by section 501 is ef- fective only with respect to the 1971, 1972, and 1973 crops of feed grains. 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(b)(3) 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(b)(3) 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(b)(3) of this title. Section inapplicable to 1996 through 2002 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(b)(1)(C) of this title. Pub. L. 101–624, title IV, § 402, Nov. 28, 1990, 104 Stat. 3419, provided that: ‘‘Section 105 of the Agricultural Act of 1949 (7 U.S.C. 1444b) shall not be applicable to the 1991 through 1995 crops of feed grains.’’ Pub. L. 99–198, title IV, § 402, Dec. 23, 1985, 99 Stat. 1406, provided that: ‘‘Section 105 of the Agricultural Act of 1949 (7 U.S.C. 1444b) shall not be applicable to the 1986 through 1990 crops of feed grains.’’ Pub. L. 97–98, title IV, § 402, Dec. 22, 1981, 95 Stat. 1234, provided that: ‘‘Section 105 of the Agricultural Act of 1949 [this section] shall not be applicable to the 1982 through 1985 crops of feed grains.’’ Pub. L. 95–113, title V, § 503, Sept. 29, 1977, 91 Stat. 933, provided that: ‘‘Section 105 of the Agricultural Act of 1949, as amended [this section], shall not be applicable to the 1977 through 1981 crops of feed grains.’’ Pub. L. 95–113, title V, § 504, Sept. 29, 1977, 91 Stat. 933, provided that: ‘‘Except as otherwise provided in section 501 of this Act [enacting section 1444c(a)–(c) of this title effective only for the 1977 through 1981 crops of feed grains], section 105(a) and (b)(1) of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended [subsecs. (a) and (b)(1) of this section as amended by Pub. L. 91–524, as amended], to be effective only for the 1974 through 1977 crops of feed grains, shall not be applicable to the 1977 crop of feed grains.’’ 1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM; OPERATIVE STATUS OF CERTAIN PRO- VISIONS Corn producers voted for adoption of price support program as provided in section 1444a(b) of this title (254,262) rather than alternative corn acreage allot- ments and price support program (102,907), the ballot making operative sections 1329a and 1444b and repeal of section 1441(d)(4) of this title. §§ 1444c, 1444d. Repealed. Pub. L. 101–624, title IV, § 401(1), Nov. 28, 1990, 104 Stat. 3400 Section 1444c, act Oct. 31, 1949, ch. 792, title I, § 105A, as added Sept. 29, 1977, Pub. L. 95–113, title V, §§ 501, 502, 91 Stat. 928, 930; amended Mar. 18, 1980, Pub. L. 96–213, §§ 2, 4(c), 94 Stat. 119, 120; Sept. 26, 1980, Pub. L. 96–365, title II, § 201(c), 94 Stat. 1320, Dec. 3, 1980, Pub. L. 96–494, title II, § 202(a), 94 Stat. 2570, related to loan rates and target prices for 1977 through 1981 feed grain crops. Section 1444d, act Oct. 31, 1949, ch. 792, title I, § 105B, as added Dec. 22, 1981, Pub. L. 97–98, title IV, § 401, 95 Stat. 1227; amended Sept. 8, 1982, Pub. L. 97–253, title I, §§ 123, 124, 96 Stat. 769; Sept. 29, 1983, Pub. L. 98–100, § 1(a), 97 Stat. 718; Apr. 10, 1984, Pub. L. 98–258, title II, §§ 201–203, 98 Stat. 132, 133, related to loan rates and tar- get prices for 1982 through 1985 feed grain crops. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective beginning with 1991 crop of an agri- cultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. § 1444e. Omitted Editorial Notes CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, § 105A, for- merly § 105C, as added Dec. 23, 1985, Pub. L. 99–198, title IV, § 401, 99 Stat. 1395; amended Feb. 28, 1986, Pub. L. 99–253, § 2, 100 Stat. 36; Mar. 20, 1986, Pub. L. 99–260, §§ 2(b), 7(b), 100 Stat. 46, 50; May 27, 1987, Pub. L. 100–45, § 3, 101 Stat. 319; Dec. 22, 1987, Pub. L. 100–203, title I, §§ 1101(b), 1102(b), 1103, 1107, 1113(b), 1202, 101 Stat. 1330–1 to 1330–3, 1330–5, 1330–9, 1330–11; Dec. 12, 1989, Pub. L. 101–220, § 1, 103 Stat. 1876; Dec. 19, 1989, Pub. L. 101–239, title I, §§ 1002(b), 1003(b)(2), 103 Stat. 2107, 2108; renum- bered § 105A, Nov. 28, 1990, Pub. L. 101–624, title IV, § 401(2), 104 Stat. 3400, related to loan rates, target prices, disaster payments, acreage limitation and set- aside programs, and land diversion. See Effective and Termination Dates note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Pub. L. 99–198, title IV, § 401, Dec. 23, 1985, 99 Stat. 1395, provided that this section is effective only for the 1986 through 1990 crops of feed grains. § 1444e–1. Loans and purchases for 1986 through 1996 crops of corn (a) Notwithstanding any other provision of law, effective only for each of the 1986 through 1996 crops of feed grains, the Secretary of Agri- culture may make available loans and pur- chases, as provided in this section, to producers on a farm who— (1) for silage— (A) cut corn (including mutilated corn) that the producers have produced in such crop year; or (B) purchase or exchange corn (including mutilated corn) that has been produced in such crop year by another producer (includ- ing a producer that is not participating in an acreage limitation or set-aside program for such crop established by the Secretary); and (2) participate in an acreage limitation or set-aside program for such crop of corn estab- lished by the Secretary. (b) Such loans and purchases may be made on a quantity of corn of the same crop, other than the corn obtained for silage, acquired by the producer equivalent to a quantity determined by multiplying— (1) the acreage of corn obtained for silage; by (2) the lower of the farm program payment yield or the actual yield on a field, as deter- mined by the Secretary, that is similar to the field from which such silage was obtained. (Pub. L. 99–198, title IV, § 403, Dec. 23, 1985, 99 Stat. 1406; Pub. L. 101–624, title IV, § 403, Nov. 28, 1990, 104 Stat. 3419.)