If the carryover at the end of the marketing year for the preceding crop is estimated to be less than the carryover at the beginning of such marketing year by— | The national export market acreage reserve shall be— |
At least 1,000,000 bales | 250,000 acres. |
At least 750,000 bales, but not as much as 1,000,000 bales | 187,500 acres. |
At least 500,000 bales, but not as much as 750,000 bales | 125,000 acres. |
At least 250,000 bales, but not as much as 500,000 bales | 62,500 acres. |
Less than 250,000 bales | None. |
section 1344 of this titlesection 1344 of this titlesection 1344 of this titlesection 1345 of this titleThe national export market acreage reserve shall be apportioned to farms by the Secretary on the basis of the applications therefor. No application shall be accepted for a greater acreage than is available on the farm for the production of upland cotton. After apportionments are thus made to farms, the Secretary shall provide farm operators a reasonable time in which to cancel their applications (and agreements to forgo price support) and surrender to the Secretary through the county committee the export market acreage assigned to the farm. Acreage so surrendered shall be available for reassignment by the Secretary to other eligible farms to which export market acreage has been apportioned on the basis of the applications remaining outstanding. The operator of any farm who elects to forgo price support for any such crop under this subsection shall not be eligible for price support on cotton of such crop produced on any other farm in which he has a controlling or substantial interest as determined by the Secretary. Acreage planted to cotton in excess of the farm acreage allotment established under shall not be taken into account in establishing future State, county, and farm acreage allotments. The operator of any farm to which export market acreage is apportioned, or the purchasers of cotton produced on such farm, shall, under regulations issued by the Secretary, furnish a bond or other undertaking prescribed by the Secretary providing for the exportation, without benefit of any Government cotton export subsidy and within such time as the Secretary may specify, of all cotton produced on such farm for such year. The bond or other undertaking given pursuant to this subsection shall provide that, upon failure to comply with the terms and conditions thereof, the person furnishing such bond or other undertaking shall be liable for liquidated damages in an amount which the Secretary determines and specifies in such undertaking will approximate the amount payable on excess cotton under subsection (a). The Secretary may, in lieu of the furnishing of a bond or other undertaking, provide for the payment of an amount equal to that which would be payable as liquidated damages under such bond or other undertaking. If such bond or other undertaking is not furnished, or if payment in lieu thereof is not made as provided herein, at such time and in the manner required by regulations of the Secretary, or if the acreage planted to cotton on the farm exceeds the sum of the farm acreage allotment established under and the acreage apportioned to the farm from the national export market acreage reserve, the acreage planted to cotton in excess of the farm acreage allotment established under shall be regarded as excess acreage for purposes of this section and . Amounts collected by the Secretary under this subsection shall be remitted to the Commodity Credit Corporation.
Notwithstanding any other provision of this chapter, for the 1966 through 1970 crops of upland cotton, if the farm operator elects to forgo price support for any such crop of cotton by applying to the county committee of the county in which the farm is located for additional acreage under this subsection, he may plant an acreage not in excess of the farm acreage allotment established under plus the acreage apportioned to the farm from the national export market acreage reserve, and all cotton of such crop produced on the farm may be marketed for export free of any penalty under this section: , That the foregoing shall be applicable only to farms which had upland cotton allotments for 1965 and are operated by the same operator as in 1965 or by his heir.Feb. 16, 1938, ch. 3052 Stat. 59Aug. 29, 1949, ch. 518, § 163 Stat. 674Pub. L. 89–321, title IV, § 401(2)79 Stat. 1192Pub. L. 90–559, § 1(2)82 Stat. 996(, title III, § 346, ; , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 90–5591968—Subsec. (e). provided for a one year extension, substituting “1966 through 1970” for “1966, 1967, 1968, and 1969”.
Pub. L. 89–3211965—Subsec. (e). added subsec. (e).
section 1345 of this title1949—Act , amended section generally. Former provisions of section were covered by .
Statutory Notes and Related Subsidiaries
Inapplicability of Section
section 3 of Pub. L. 98–88section 1342 of this titleSection inapplicable to 1984 and subsequent crops of extra long staple cotton, see , set out as a note under .
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 502 of Pub. L. 101–624section 1342 of this titleSection inapplicable to 1991 through 1995 crops of upland cotton, see , set out as a note under .
section 502 of Pub. L. 99–198section 1342 of this titleSection inapplicable to 1986 through 1990 crops of upland cotton, see , set out as a note under .
section 501 of Pub. L. 97–98section 1342 of this titleSection inapplicable to 1982 through 1985 crops of upland cotton, see , set out as a note under .
section 601 of Pub. L. 95–113section 1342 of this titleSection inapplicable to 1978 through 1981 crops of upland cotton, see , set out as a note under .
Pub. L. 91–524, title VI, § 601(1)84 Stat. 1371Pub. L. 93–86, § 1(19)(A)87 Stat. 233, , , as amended by , , , provided that this section is inapplicable to 1971 through 1977 crops of upland cotton.
Removal of Marketing Penalties on Certain Long Staple Cotton
Act Jan. 9, 1951, ch. 121564 Stat. 1237, , provided that the marketing penalty provided in this section, shall not be applied to long staple cotton of the 1950 crop ginned on saw type gins where such action was necessary to conserve the cotton because of frost or weather damage.