7 U.S.C. § 1309 | Normally planted acreage and target prices

(a)

Authorized planted acreage for 1982 through 1995 crops of wheat and feed grains as prerequisite for loan, etc.; eligibility; determinations; records

7 U.S.C. 1421Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1995 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949 [ et seq.], that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination.

(b)

Established price payments

Notwithstanding any other provision of law—

(1)

Whenever the Secretary, for one or more of the 1982 through 1995 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.

(2)

In determining the amount of any payments for any commodity under this subsection, the Secretary shall take into account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity.

(3)

If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program.

(4)

The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion payments for the commodity for which an increase is determined.

(c)

Marketing quotas in effect for 1987 through 1995 crops of wheat; reduction in normally planted acreage as condition prerequisite for loan, etc.

7 U.S.C. 1421Notwithstanding any other provision of law, whenever marketing quotas are in effect for any of the 1987 through 1995 crops of wheat, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments on any commodity under the Agricultural Act of 1949 ( et seq.), that the acreage normally planted to crops designated by the Secretary, adjusted as considered necessary by the Secretary to be fair and equitable among producers, shall be reduced by a quantity equal to—

(1)

the acreage that the Secretary determines would normally be planted to wheat on a farm; minus

(2)

1 See References in Text note below.

the individual farm program acreage for the farm under section 107B(d)(3)(A)  of such Act.

Pub. L. 95–113, title X, § 1001Sept. 29, 197791 Stat. 950 Pub. L. 95–279, title I, § 101May 15, 197892 Stat. 240 Pub. L. 95–334, title V, § 501(a)Aug. 4, 197892 Stat. 434 Pub. L. 96–213, § 6Mar. 18, 198094 Stat. 120 Pub. L. 97–98, title XI, § 1106Dec. 22, 198195 Stat. 1265 Pub. L. 99–198, title X, § 1014Dec. 23, 198599 Stat. 1456 Pub. L. 101–624, title XI, § 1141Nov. 28, 1990104 Stat. 3515(, , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Oct. 31, 1949, ch. 792 63 Stat. 1051 section 1421 of this titleThe Agricultural Act of 1949, referred to in subsecs. (a) and (c), is , , which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 1445b–3a(d)(3)(A) of this title Pub. L. 104–127, title I, § 171(b)(2)(D)Apr. 4, 1996110 Stat. 938Section 107B(d)(3)(A) of such Act, referred to in subsec. (c)(2), is section 107B(d)(3)(A) of the Agricultural Act of 1949, which was classified to prior to repeal by , , .

Codification

Section was enacted as part of the Food and Agriculture Act of 1977, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Amendments

Pub. L. 101–624, § 1141(1)1990—Subsecs. (a), (b)(1), (c). , substituted “1995” for “1990”.

Pub. L. 101–624, § 1141(2)Subsec. (c)(2). , substituted “section 107B(d)(3)(A)” for “section 107D(d)(3)(A)”.

Pub. L. 99–1981985—Subsecs. (a), (b)(1). substituted “1982 through 1990” for “1982 through 1985”.

Pub. L. 99–198Subsec. (c). added subsec. (c).

Pub. L. 97–981981—Subsec. (a). substituted provision authorizing the Secretary, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, to require as a condition of eligibility for loans, purchases, and payments for such crops that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary and permitting the Secretary to require producers participating in the program to keep records necessary to assist the Secretary in determining normal crop acreage for any crop year for provision authorizing the Secretary, effective for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, to require as a condition of eligibility for loans, purchases, and payments that the producers not exceed the acreage on the farm normally planted to crops designated by the Secretary.

Pub. L. 97–98Subsec. (b). substituted provision relating to established price increase for one or more of the 1982 through 1985 crops of wheat and feed grains for provision relating to established price increase for one or more of the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice.

Pub. L. 97–98Subsec. (c). struck out subsec. (c) which related to loans, purchases, and payments for producers of the 1980 crop of any commodity who exceeded the authorized acreage.

Pub. L. 96–2131980—Subsec. (a). amended subsec. (a) generally, temporarily substituting provisions relating to requiring producers not to exceed the acreage on the farm normally planted to designated crops, as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland cotton, and rice, for provisions relating to reduction of acreage normally planted to designated crops by the acreage set-aside or diversion for the 1978 through 1981 crops of wheat, feed grains, upland cotton, and rice. See Effective and Termination Dates of 1980 Amendment note below.

Pub. L. 96–213Subsec. (b). amended subsec. (b) generally, temporarily substituting provisions relating to increases of the established price as compensation to producers for not exceeding the acreage in accordance with subsection (a) and participating in set-asides for 1980 and 1980 crops for provisions relating to increases of the established prices to compensate producers for participation in set-asides for 1978 through 1981 crops. See Effective and Termination Dates of 1980 Amendment note below.

Pub. L. 96–213Subsec. (c). , in amending section generally, temporarily added subsec. (c). See Effective and Termination Dates of 1980 Amendment note below.

Pub. L. 95–3341978—Subsec. (b). added applicability to rice.

Pub. L. 95–279 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–624 section 1171 of Pub. L. 101–624 section 1421 of this titleAmendment by effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–98Dec. 22, 1981section 1801 of Pub. L. 97–98 section 4301 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective and Termination Dates of 1980 Amendment

Pub. L. 96–213, § 6Mar. 18, 198094 Stat. 120, , , provided that the amendment made by that section is effective for the 1980 and 1981 crops.

Effective Date of 1978 Amendments

Pub. L. 95–334, title V, § 501(b)Aug. 4, 197892 Stat. 434

October 1, 1978section 1421 of this title section 1281 of this titleSeptember 30, 1978“This section [amending this section] shall become effective , and any producers who, prior to such date, receive payments on the 1978 crop of rice as computed under the Agricultural Act of 1949 [see Short Title note set out under ], as amended by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under ], may elect after , to receive payments as computed under section 1001(b) of the Food and Agriculture Act of 1977, as amended by this section.”

, , , provided that:

Pub. L. 95–279, title I, § 103May 15, 197892 Stat. 241

section 1444 of this titleOctober 1, 1978section 1421 of this title section 1281 of this titleSeptember 30, 1978“Sections 101 and 102 [amending this section and ] of this title shall become effective , and any producers who, prior to such date, receive loans and payments on the 1978 crop of the commodity as computed under the Agricultural Act of 1949 [see Short Title note set out under ], as amended by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under ] may elect after , to receive loans and payments as computed under this title.”

, , , provided that:

Effective Date

Oct. 1, 1977section 1901 of Pub. L. 95–113 section 1307 of this titleSection effective , see , set out as an Effective Date of 1977 Amendment note under .