section 1344 of this titleProvidedsection 1444(b) of this titlesection 1350 of this title16 U.S.C. 3839aaProvided furtherIn 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 ) 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: , 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 , 75 per centum of the farm domestic allotment established under 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 [ et seq.]): , 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. 30May 28, 1956, ch. 32770 Stat. 206Pub. L. 85–26671 Stat. 592Pub. L. 86–172, § 173 Stat. 393Pub. L. 88–297, title I, § 106(4)78 Stat. 177Pub. L. 95–113, title VIII, § 80691 Stat. 947Pub. L. 104–127, title III, § 336(b)(2)(A)110 Stat. 1006Pub. L. 115–334, title II, § 2301(d)(2)(B)132 Stat. 4554(, title III, § 377, as added , title III, § 307, ; amended , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act May 28, 1956, ch. 32770 Stat. 188Pub. L. 89–321, title VI, § 60179 Stat. 1206The Soil Bank Act, referred to in text, is , , which was classified to subchapters I to III of chapter 45 (§ 1801 et seq.) of this title and was repealed by , , . For complete classification of this Act to the Code prior to its repeal, see Tables.
Pub. L. 99–19899 Stat. 1354section 1281 of this titleThe Food Security Act of 1985, referred to in text, is , , . Subchapter A of chapter 4 of subtitle D of title XII of the Act is classified generally to subpart A (§ 3839aa et seq.) of part IV of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under and Tables.
Amendments
Pub. L. 115–3342018— inserted “subchapter A of” before “chapter 4”.
Pub. L. 104–1271996— substituted “environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985” for “Great Plains program”.
Pub. L. 95–1131977— temporarily inserted “or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota” after “of the farm acreage allotment for such year”. See Effective and Termination Dates of 1977 Amendment note below.
Pub. L. 88–297section 1444(b) of this titlesection 1350 of this title1964— inserted “or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under , 75 per centum of the farm domestic allotment established under for any such year, whichever is smaller” in first proviso after “75 per centum or more of the farm acreage allotment for such year” to protect the farm base of any farm participating in the domestic allotment choice program if the acreage planted on the farm was at least 75 per centum of the farm domestic allotment.
Pub. L. 86–172section 1344(f)(7)(A) of this title1959— excluded any allotment provided for a farm under from the entire acreage allotment for the farm which is considered as planted in the year for the purpose of establishing future acreage allotments and provided for the preservation of the current farm acreage allotment as history acreage under prescribed conditions.
Pub. L. 85–2661957— struck out, for 1957, 1958, and 1959, requirement of filing notice of intention not to plant full acreage allotment and provided that 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.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1977 Amendment
Pub. L. 95–113, title VIII, § 80691 Stat. 947, , , provided that the amendment made by that section is effective for the 1978 through 1981 crops of peanuts.
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)(2) of this titleSection inapplicable to 2014 through 2018 crops of upland cotton, see .
section 8782(a)(2) of this titleSection inapplicable to 2008 through 2012 crops of upland cotton, see .
section 7992(a)(2) of this titleSection inapplicable to 2002 through 2007 crops of upland cotton, see .
section 7301(a)(1)(G) of this titleSection inapplicable to 1996 through 2001 crops of upland cotton, 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 703 of Pub. L. 95–113Section inapplicable to 1978 through 1981 crops of rice, see .
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. 94–214, title III, § 30190 Stat. 187
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.