Penalties: computation, lien, joint and several liability and interest; exceptions: nonsurplus supply crops, substantial impairment, and nonproduction of wheat; diverted acreage: amount, annual identity, and grazing; crops available for marketing
Payment program for 1964 through 1970 crops; terms and conditions; amount; additional diverted acreage; conservation and soil-conserving uses; adjustment; knowledge of exceeding acreage allotment; acreage allotment not exceeded by delivery to Secretary of farm marketing excess or storage in accordance with regulations to avoid or postpone payment of penalty or by farms exempt from marketing quota; new farms ineligible for payments; sharing and medium of payments
ProvidedProvidedAnd provided furthersection 1335 of this titleThe Secretary is authorized to formulate and carry out a program with respect to the crops of wheat planted for harvest in the calendar years 1964 through 1970 under which, subject to such terms and conditions as he determines are desirable to effectuate the purposes of this section, payments may be made in amounts not in excess of 50 per centum of the estimated basic county support rate for wheat not accompanied by marketing certificates on the normal production of the acreage diverted taking into account the income objectives of the chapter, determined by the Secretary to be fair and reasonable with respect to acreage diverted pursuant to subsection (a) of this section. Any producer who complies with his 1964 farm acreage allotment for wheat and with the other requirements of the program shall be eligible to receive payments under the program for the 1964 crop of wheat. The Secretary may permit producers on any farm to divert from the production of wheat an acreage, in addition to the acreage diverted pursuant to subsection (a), equal to 50 per centum of the farm acreage allotment for wheat: , That the producers on any farm may, at their election, divert such acreage in addition to the acreage diverted pursuant to subsection (a), as will bring the total acreage diverted on the farm to twenty-five acres. Such program shall require (1) that the diverted acreage shall be devoted to conservation uses approved by the Secretary; (2) that the total acreage of cropland on the farm devoted to soil-conserving uses, including summer fallow and idle land but excluding the acreage diverted as provided above, shall be not less than the total average acreage of cropland devoted to soil-conserving uses including summer fallow and idle land on the farm during a representative period, as determined by the Secretary, adjusted to the extent the Secretary determines appropriate for (i) abnormal weather conditions or other factors affecting production, (ii) established crop-rotation practices on the farm, (iii) participation in other Federal farm programs, (iv) unusually high percentage of land on the farm devoted to conserving uses, and (v) other factors which the Secretary determines should be considered for the purpose of establishing a fair and equitable soil-conserving acreage for the farm; and (3) that the producer shall not knowingly exceed (i) any farm acreage allotment in effect for any commodity produced on the farm, and (ii) except as the Secretary may by regulations prescribe, with the farm acreage allotments on any other farm for any crop in which the producer has a share: , That no producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty: , That no producer shall be deemed to have exceeded a farm acreage allotment for any crop of wheat if the farm is exempt from the farm marketing quota for such crop under . The producers on a new farm shall not be eligible for payments hereunder. The Secretary shall provide for the sharing of payment among producers on the farm on a fair and equitable basis. Payments may be made in cash or in wheat.
Adjustment of payments
The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the land-use program formulated under subsection (b) of this section.
Advance payments
Not to exceed 50 per centum of any payment to producers under subsection (b) of this section may be made in advance of determination of performance.
Diverted acreage used for production of certain crops; rate of payment; limitation on rate
ProvidedThe Secretary may permit all or any part of the diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost of the price-support program and will not adversely affect farm income, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: , That in no event shall the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted to conservation uses.
Additional terms and conditions
The program formulated pursuant to subsection (b) of this section may include such terms and conditions, including provision for the control of erosion, in addition to those specifically provided for herein, as the Secretary determines are desirable to effectuate the purposes of this section.
Regulations
The Secretary is authorized to promulgate such regulations as may be desirable to carry out the provisions of this section.
Commodity Credit Corporation funds and authorization of appropriations for payments and administrative expenses
The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized in this section and to pay administrative expenses necessary in carrying out this section during the period ending . There is authorized to be appropriated such amounts as may be necessary thereafter to pay such administrative expenses.
Feb. 16, 1938, ch. 30Pub. L. 87–703, title III, § 31876 Stat. 622Pub. L. 88–297, title II, § 202(7)78 Stat. 179Pub. L. 89–321, title V79 Stat. 1201Pub. L. 90–559, § 1(1)82 Stat. 996(, title III, § 339, as added , , ; amended –(9), , ; , §§ 501(9), (10), 507, , , 1204; , , .)
Editorial Notes
Prior Provisions
act Feb. 16, 1938, ch. 30, title III, § 33952 Stat. 55act July 14, 1953, ch. 19467 Stat. 151section 1340(2) of this titleA prior section 1339, , , related to penalties for marketing wheat in excess of quotas, prior to repeal by , §§ 2, 5, , 152, effective with respect to the 1954 and subsequent crops of wheat. See .
Amendments
Pub. L. 90–5591968—Subsec. (b). provided for a one year extension through 1970.
Pub. L. 89–321, § 507section 1335 of this title1965—Subsec. (a)(1). , inserted “(less an acreage equal to the increased acreage allotted for 1966 pursuant to )” after “national acreage allotment” wherever appearing.
Pub. L. 89–321, § 501(9)Subsec. (b). , substituted “crops of wheat planted for harvest in the calendar years 1964 through 1969” for “1964 and 1965 crops of wheat”, “50 per centum of the farm acreage allotment” for “20 per centum of the farm acreage allotment”, and “twenty-five acres” for “fifteen acres”.
Pub. L. 89–321, § 501(10)Subsec. (e). , authorized Secretary to permit all or part of diverted acreage to be devoted to mustardseed, crambe, and plantago ovato in addition to previously authorized guar, sesame, safflower, sunflower, castor beans, and flax, if he determines that such production of the commodity is needed, is not likely to increase cost of price-support program, and will not adversely affect farm income, and removed from proviso the prohibition against making available price supports for production of such crops on diverted acreage.
Pub. L. 88–297, § 202(7)1964—Subsec. (a)(1). , temporarily suspended land-use penalties and made the diversion of land from the production of wheat only a condition of eligibility for receiving wheat marketing certificates. See Effective and Termination Dates of 1964 Amendment note below.
Pub. L. 88–297, § 202(8)Subsec. (b). , inserted in first sentence “for wheat not accompanied by marketing certificates” after “basic county support rate” and inserted after first sentence “Any producer who complies with his 1964 farm acreage allotment for wheat and with the other requirements of the program shall be eligible to receive payments under the program for the 1964 crop of wheat.”
Pub. L. 88–297, § 202(9)Subsec. (h). , substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 Amendment
section 501 of Pub. L. 89–321section 501 of Pub. L. 89–321section 1332 of this titleAmendment by effective beginning with crop planted for harvest in calendar year 1966, see , set out as a note under .
Pub. L. 89–321, title V, § 50779 Stat. 1204, , , provided that the amendment made by that section is effective beginning with the crop planted for harvest in calendar year 1967.
Effective and Termination Dates of 1964 Amendment
Pub. L. 88–297, title II, § 202(7)78 Stat. 179Pub. L. 89–321, title V, § 505(1)79 Stat. 1203Pub. L. 90–559, § 1(1)82 Stat. 996section 202(7) of Pub. L. 88–297, , , as amended by , , ; , , , provided that the amendment made by is effective only with respect to the crops planted for harvest in calendar years 1964 through 1970.
Effective Date
section 323 of Pub. L. 87–703section 1301 of this titleSection effective only with respect to programs applicable 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 , set out as an Effective Date of 1962 Amendment note under .
Inapplicability of Section
section 9092(a)(1) of this titleSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see .
section 8782(a)(1) of this titleSection inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7992(a)(1) of this titleSection inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7301(a)(1)(A) of this titleSection inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see .
section 303 of Pub. L. 101–624section 1331 of this titleSection inapplicable to 1991 through 1995 crops of wheat, see , set out as a note under .
section 310(b) of Pub. L. 99–198section 1331 of this titleSection inapplicable to 1986 through 1990 crops of wheat, see , set out as a note under .
section 303 of Pub. L. 97–98section 1331 of this titleSection inapplicable to 1982 through 1985 crops of wheat, see , set out as a note under .
section 404 of Pub. L. 95–113section 1331 of this titleSection inapplicable to 1978 through 1981 crops of wheat, see , set out as a note under .
Pub. L. 91–524, title IV, § 404(1)84 Stat. 1366Pub. L. 93–86, § 1(11)87 Stat. 229, , , as amended by , , , provided that this section is not applicable to 1971 through 1977 crops of wheat.
Wheat Diversion Programs; Credits in Establishment of State, County and Farm Acreage Allotments for Wheat
section 1339b of this titleCredits to State, county and farm of acreage diverted from production of wheat as though actually devoted to such production, see .