7 USC 1377 - Preservation of unused acreage allotments

Collapse to view only § 1377. Preservation of unused acreage allotments

§ 1371. General adjustment of quotas
§ 1372. Payment, collection, and refund of penalties
§ 1373. Reports and records
§ 1374. Measurement of farms and report of plantings; remeasurement
§ 1375. Regulations
§ 1376. Court jurisdiction; duties of United States attorneys; remedies and penalties as additional
§ 1377. Preservation of unused acreage allotments
§ 1378. Transfer of acreage allotments ensuing from agency acquisition of farmlands
§ 1379. Reconstitution of farms

§ 1371. General adjustment of quotas

(a) Investigation and adjustment to maintain normal supply

(b) Adjustment because of emergency or export demand

(Feb. 16, 1938, ch. 30, title III, § 371, 52 Stat. 64; Apr. 3, 1941, ch. 39, § 5, 55 Stat. 92; Aug. 28, 1954, ch. 1041, title III, § 312, 68 Stat. 904; Pub. L. 87–703, title III, § 321, Sept. 27, 1962, 76 Stat. 626; Pub. L. 107–171, title I, § 1309(h)(2), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(i), Oct. 22, 2004, 118 Stat. 1522.)

§ 1372. Payment, collection, and refund of penalties

(a) The penalty with respect to the marketing, by sale, of wheat, cotton, or rice, if the sale is to any person within the United States, shall be collected by the buyer.

(b) All penalties provided for in part B of this subchapter shall be collected and paid in such manner, at such times, and under such conditions as the Secretary may by regulations prescribe. Such penalties shall be remitted to the Secretary by the person liable for the penalty, except that if any other person is liable for the collection of the penalty, such other person shall remit the penalty. Except as provided in section 1314h 1

1 See References in Text note below.

of this title, the amount of such penalties shall be covered into the general fund of the Treasury of the United States.

(c) Whenever, pursuant to a claim filed with the Secretary within two years after payment to him of any penalty collected from any person pursuant to this chapter, the Secretary finds that such penalty was erroneously, illegally, or wrongfully collected and the claimant bore the burden of the payment of such penalty, the Secretary shall certify to the Secretary of the Treasury for payment to the claimant, in accordance with regulations prescribed by the Secretary of the Treasury, such amount as the Secretary finds the claimant is entitled to receive as a refund of such penalty.

Notwithstanding any other provision of law, the Secretary is authorized to prescribe by regulations for the identification of farms and it shall be sufficient to schedule receipts into special deposit accounts or to schedule such receipts for transfer therefrom, or directly, into the separate fund provided for in subsection (b) by means of such identification without reference to the names of the producers on such farms.

The Secretary is authorized to prescribe regulations governing the filing of such claims and the determination of such refunds.

(d) No penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown for experimental purposes only by any publicly owned agricultural experiment station. Effective with the 1978 crops, no penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown on State prison farms for consumption within such State prison system.

(Feb. 16, 1938, ch. 30, title III, § 372, 52 Stat. 65; Apr. 7, 1938, ch. 107, § 11, 52 Stat. 204; July 2, 1940, ch. 521, § 6, 54 Stat. 728; Pub. L. 96–113, Nov. 16, 1979, 93 Stat. 850; Pub. L. 99–272, title I, § 1106(b), Apr. 7, 1986, 100 Stat. 91.)

§ 1373. Reports and records

(a) Persons reporting

(b) Proof of acreage yield

(Feb. 16, 1938, ch. 30, title III, § 373, 52 Stat. 65; June 13, 1940, ch. 360, § 6, 54 Stat. 394; Apr. 3, 1941, ch. 39, §§ 6, 7, 55 Stat. 92; Pub. L. 86–507, § 1(6), June 11, 1960, 74 Stat. 200; Pub. L. 95–113, title VIII, § 805, Sept. 29, 1977, 91 Stat. 947; Pub. L. 97–98, title VII, § 706, Dec. 22, 1981, 95 Stat. 1256; Pub. L. 97–218, title III, § 304, July 20, 1982, 96 Stat. 214; Pub. L. 99–198, title VII, § 706, Dec. 23, 1985, 99 Stat. 1441; Pub. L. 101–624, title VIII, § 807, Nov. 28, 1990, 104 Stat. 3478; Pub. L. 104–127, title I, § 171(a)(2), Apr. 4, 1996, 110 Stat. 937; Pub. L. 107–171, title I, § 1309(h)(3), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(j), Oct. 22, 2004, 118 Stat. 1523.)

§ 1374. Measurement of farms and report of plantings; remeasurement

(a) The Secretary shall provide for ascertaining, by measurement or otherwise, the acreage of any agricultural commodity or land use on farms for which the ascertainment of such acreage is necessary to determine compliance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the requirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program. Where cotton is planted in skiprow patterns, the same rules that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 through 1995 crops, except that, for the 1991 through 1995 crops, the rules shall allow 30 inch rows (or, at the option of those cotton producers who had an established practice of using 32 inch rows before the 1991 crop, 32 inch rows) to be taken into account for classifying the acreage planted to cotton and the area skipped. For the 1992 through 1995 crops, the rules establishing the requirements for eligibility for conserving use for payment acres shall be the same rules as were in effect for 1991 crops.

(b) With respect to cotton, the Secretary, upon such terms and conditions as he may by regulation prescribe, shall provide, through the county and local committees for the measurement prior to planting of an acreage on the farm equal to the farm acreage allotment if so requested by the farm operator, and any farm on which the acreage planted to cotton does not exceed such measured acreage shall be deemed to be in compliance with the farm acreage allotment.

(c) The Secretary shall by appropriate regulations provide for the remeasurement upon request by the farm operator of the acreage planted to such commodity on the farm and for the measurement of the acreage planted to such commodity on the farm remaining after any adjustment of excess acreage hereunder and shall prescribe the conditions under which the farm operator shall be required to pay the county committee for the expense of the measurement of adjusted acreage or the expense of remeasurement after the initial measurement or the measurement of adjusted acreage. The regulations shall also provide for the refund of any deposit or payment made for the expense of the remeasurement of the initially determined acreage or the adjusted acreage when because of an error in the determination of such acreage the remeasurement brings the acreage within the allotment or permitted acreage or results in a change in acreage in excess of a reasonable variation normal to measurements of acreage of the commodity. Unless the requirements for measurement of adjusted acreage are met by the farm operator, the acreage prior to such adjustment as determined by the county committee shall be considered the acreage of the commodity on the farm in determining whether the applicable farm allotment has been exceeded.

(Feb. 16, 1938, ch. 30, title III, § 374, 52 Stat. 65; Apr. 3, 1941, ch. 39, § 8, 55 Stat. 92; Aug. 29, 1949, ch. 518, § 2(b), 63 Stat. 676; Aug. 28, 1954, ch. 1041, title III, § 311(b), 68 Stat. 904; Pub. L. 86–553, §§ 1, 2, June 30, 1960, 74 Stat. 258; Pub. L. 89–321, title VII, §§ 701, 702, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91–524, title VI, § 612, Nov. 30, 1970, as added Pub. L. 93–86, § 1(25), Aug. 10, 1973, 87 Stat. 236; Pub. L. 95–113, title VI, § 605, Sept. 29, 1977, 91 Stat. 940; Pub. L. 97–98, title V, § 505, Dec. 22, 1981, 95 Stat. 1241; Pub. L. 99–198, title V, § 505, Dec. 23, 1985, 99 Stat. 1418; Pub. L. 101–624, title V, § 504, Nov. 28, 1990, 104 Stat. 3440; Pub. L. 102–237, title I, § 116(2), Dec. 13, 1991, 105 Stat. 1840.)

§ 1375. Regulations

(a) The Secretary shall provide by regulations for the identification, wherever necessary, of corn, wheat, cotton, rice, or peanuts so as to afford aid in discovering and identifying such amounts of the commodities as are subject to and such amounts thereof as are not subject to marketing restrictions in effect under this subchapter.

(b) The Secretary shall prescribe such regulations as are necessary for the enforcement of this subchapter.

(Feb. 16, 1938, ch. 30, title III, § 375, 52 Stat. 66; Apr. 3, 1941, ch. 39, § 9, 55 Stat. 92; Pub. L. 108–357, title VI, § 611(k), Oct. 22, 2004, 118 Stat. 1523.)

§ 1376. Court jurisdiction; duties of United States attorneys; remedies and penalties as additional

The several district courts of the United States are vested with jurisdiction specifically to enforce the provisions of this subchapter. If and when the Secretary shall so request, it shall be the duty of the several United States attorneys in their respective districts, under the direction of the Attorney General, to institute proceedings to collect the penalties provided in this subchapter. The remedies and penalties provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law. This section also shall be applicable to liquidated damages provided for pursuant to section 1349 of this title.

(Feb. 16, 1938, ch. 30, title III, § 376, 52 Stat. 66; June 25, 1948, ch. 646, § 1, 62 Stat. 869; Pub. L. 88–297, title I, § 106(2), Apr. 11, 1964, 78 Stat. 176.)

§ 1377. Preservation of unused acreage allotments

In any case in which, during any year beginning with 1956, the acreage planted to a commodity on any farm is less than the acreage allotment for such farm, the entire acreage allotment for such farm (excluding any allotment released from the farm or reapportioned to the farm and any allotment provided for the farm pursuant to subsection (f)(7)(A) of section 1344 of this title) shall, except as provided herein, be considered for the purpose of establishing future State, county and farm acreage allotments, to have been planted to such commodity in such year on such farm, but the 1956 acreage allotment of any commodity shall be regarded as planted under this section only if the owner or operator on such farm notified the county committee prior to the sixtieth day preceding the beginning of the marketing year for such commodity of his desire to preserve such allotment: Provided, That beginning with the 1960 crop, except for federally owned land, the current farm acreage allotment established for a commodity shall not be preserved as history acreage pursuant to the provisions of this section unless for the current year or either of the two preceding years an acreage equal to 75 per centum or more of the farm acreage allotment for such year or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under section 1444(b) of this title, 75 per centum of the farm domestic allotment established under section 1350 of this title for any such year, whichever is smaller was actually planted or devoted to the commodity on the farm (or was regarded as planted under provisions of the Soil Bank Act or the environmental quality incentives program established under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.]): Provided further, That this section shall not be applicable in any case, within the period 1956 to 1959, in which the amount of the commodity required to be stored to postpone or avoid payment of penalty has been reduced because the allotment was not fully planted. Acreage history credits for released or reapportioned acreage shall be governed by the applicable provisions of this subchapter pertaining to the release and reapportionment of acreage allotments.

(Feb. 16, 1938, ch. 30, title III, § 377, as added May 28, 1956, ch. 327, title III, § 307, 70 Stat. 206; amended Pub. L. 85–266, Sept. 2, 1957, 71 Stat. 592; Pub. L. 86–172, § 1, Aug. 18, 1959, 73 Stat. 393; Pub. L. 88–297, title I, § 106(4), Apr. 11, 1964, 78 Stat. 177; Pub. L. 95–113, title VIII, § 806, Sept. 29, 1977, 91 Stat. 947; Pub. L. 104–127, title III, § 336(b)(2)(A), Apr. 4, 1996, 110 Stat. 1006; Pub. L. 115–334, title II, § 2301(d)(2)(B), Dec. 20, 2018, 132 Stat. 4554.)

§ 1378. Transfer of acreage allotments ensuing from agency acquisition of farmlands

(a) Allotment pool

(b) Circumstances precluding application of provisions

(Feb. 16, 1938, ch. 30, title III, § 378, as added Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 995; amended Pub. L. 86–423, § 1, Apr. 9, 1960, 74 Stat. 41; Pub. L. 87–33, May 16, 1961, 75 Stat. 78; Pub. L. 91–524, title IV, § 404(3), title VI, § 605(1), Nov. 30, 1970, 84 Stat. 1366, 1378; Pub. L. 92–10, § 2, Apr. 14, 1971, 85 Stat. 27; Pub. L. 92–354, July 26, 1972, 86 Stat. 499; Pub. L. 107–171, title I, § 1309(h)(4), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(l), Oct. 22, 2004, 118 Stat. 1523.)

§ 1379. Reconstitution of farms

In any case in which the ownership of a tract of land is transferred from a parent farm, the acreage allotments, history acreages, and base acreages for the farm shall be divided between such tract and the parent farm in the same proportion that the cropland acreage in such tract bears to the cropland acreage in the parent farm, except that the Secretary shall provide by regulation the method to be used in determining the division, if any, of the acreage allotments, histories, and bases in any case in which—

(1) the tract of land transferred from the parent farm has been or is being transferred to any agency having the right to acquire it by eminent domain;

(2) the tract of land transferred from the parent farm is to be used for nonagricultural purposes;

(3) the parent farm resulted from a combination of two or more tracts of land and records are available showing the contribution of each tract to the allotments, histories, and bases of the parent farm;

(4) the appropriate county committee determines that a division based on cropland proportions would result in allotments and bases not representative of the operations normally carried out on any transferred tract during the base period;

(5) the parent farm is divided among heirs in settling an estate; or

(6) neither the tract transferred from the parent farm nor the remaining portion of the parent farm receives allotments in excess of allotments for similar farms in the community having allotments of the commodity or commodities involved and such allotments are consistent with good land uses.

(Feb. 16, 1938, ch. 30, title III, § 379, as added Pub. L. 89–321, title VII, § 707, Nov. 3, 1965, 79 Stat. 1211; amended Pub. L. 91–524, title IV, § 404(4), title VI, § 605(2), Nov. 30, 1970, 84 Stat. 1366, 1378; Pub. L. 98–180, title II, § 212(b), Nov. 29, 1983, 97 Stat. 1149; Pub. L. 101–577, § 2(c), Nov. 15, 1990, 104 Stat. 2856; Pub. L. 102–237, title I, § 116(3), Dec. 13, 1991, 105 Stat. 1841; Pub. L. 106–78, title VIII, § 803(c)(6)(C), Oct. 22, 1999, 113 Stat. 1178; Pub. L. 108–357, title VI, § 611(m), Oct. 22, 2004, 118 Stat. 1523.)