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7 U.S.C. § 1339b — Wheat diversion programs; credits in es-
Federal law — U.S. Code and appendices · legal_authorities
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 Repealed.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 ou
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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 Repealed.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.)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16.
**(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1281
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Federal law — U.S. Code and appendices · legal_authorities
Page 585
TITLE 7—AGRICULTURE
§ 1281
Sec.
1349.
Export market acreage.
1350.
National base acreage allotment.
1350a.
Repealed.
SUBPART V—MARKETING QUOTAS—RICE
1351 to 1356. Omitted or Repealed.
SUBPART VI—MARKETING QUOTAS—PEANUTS
1357 to 1359a. Repealed.
SUBPART VII—FLEXIBLE MARKETING ALLOTMENTS FOR
SUGAR
1359aa.
Definitions.
1359bb.
Flexible marketing allotments for sugar.
1359cc.
Establishment of flexible marketing allot-
ments.
1359dd.
Allocation of marketing allotments.
1359ee.
Reassignment of deficits.
1359ff.
Provisions applicable to producers.
1359gg.
Special rules.
1359hh.
Regulations; violations; publication of Sec-
retary’s determinations; jurisdiction of the
courts; United States attorneys.
1359ii.
Appeals.
1359jj.
Administration.
1359kk.
Administration of tariff rate quotas.
1359ll.
Period of effectiveness.
PART C—ADMINISTRATIVE PROVISIONS
SUBPART I—PUBLICATION AND REVIEW OF QUOTAS
1361.
Application of subpart.
1362.
Publication of marketing quota; mailing of
allotment notice.
1363.
Review of quota; review committee.
1364.
Compensation of review committee.
1365.
Institution of proceeding for court review of
committee findings.
1366.
Court review.
1367.
Stay of proceedings and exclusive jurisdic-
tion.
1368.
Effect of increase on other quotas.
SUBPART II—ADJUSTMENT OF QUOTAS AND ENFORCEMENT
1371.
General adjustment of quotas.
1372.
Payment, collection, and refund of penalties.
1373.
Reports and records.
1374.
Measurement of farms and report of plant-
ings; remeasurement.
1375.
Regulations.
1376.
Court jurisdiction; duties of United States at-
torneys; remedies and penalties as addi-
tional.
1377.
Preservation of unused acreage allotments.
1378.
Transfer of acreage allotments ensuing from
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1281
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Federal law — U.S. Code and appendices · legal_authorities
If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than August 1 of the calendar year in which such national marketing quota is proclaimed, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm operator elected pursuant to [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1335&num=0&edition=prelim) to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period. Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after December 20, 1985.
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Federal law — U.S. Code and appendices · legal_authorities
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.)
Editor
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Federal law — U.S. Code and appendices · legal_authorities
Farm marketing quotas for wheat shall not be transferable, but, in accordance with regulations prescribed by the Secretary for such purpose, 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.
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