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Page:United States Statutes at Large Volume 99 Part 2.djvu/266

 99 STAT. 1376

PUBLIC LAW 99-198—DEC. 23, 1985

5 USC 5101

provide to the National Commission on Dairy Policy such information as the Commission may require to carry out its duties and functions. (b) Members of the Commission shall serve without compensation for work on the Commission. While away from their homes or regular places of business in the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service under section 5703 of title 5 of the United States Code. (c) To the extent there are sufficient funds available to the Commission in advance under section [139], and subject to such rules as may be adopted by the Commission, the Commission, without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification and General Schedule pay rates,

et seq., 5331

may

^' *^^"

' •'

(1) appoint and fix the compensation of a director; and (2) appoint and fix the compensation of such additional fc. personnel as the Commission determines necessary to assist it to carry out its duties and functions. (d) On the request of the Commission, the heads of executive agencies, the General Accounting Office, and the Office of Technology Assessment may furnish the Commission with such person' "•' nel and support services as the head of the agency, or office, and the chairman of the Commission agree are necessary to assist the H,, Commission to carry out its duties and functions. The Commission shall not be required to pay or reimburse any agency or office for personnel and support services provided under this subsection. (e) The Commission shall be exempt from sections 7(d), 10(e), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App.). (f) The Commission shall be exempt from the requirements of sections 4301 through 4305 of title 5 of the United States Code. FINANCIAL SUPPORT

7 USC 1446 ^°^-

Prohibition. KXl-

SEC. 145. (a) Following the appointment or designation of the members of the National Commission on Dairy Policy, notwithstanding the provisions of section 1342 of title 31 of the United States Code, the Secretary of Agriculture may receive on behalf of the Commission, from persons, groups, and entities within the United States, contributions of money and services to assist the Commission to carry out its duties and functions. Any money contributed under this section shall be made available to the Commission to carry out this subtitle. In no event may the Secretary accept an aggregate amount of contributions from any one person, group, or entity exceeding 10 percent of the budget of the Commission. (b) If the contributions under subsection (a) are insufficient to carry out this subtitle, the Secretary of Agriculture may transfer to the Commission, from funds available to the Commodity Credit Corporation, an amount not to exceed $1,000,000 to carry out this subtitle.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/267

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1377

TERMINATION OF COMMISSION

SEC. 146. The National Commission on Dairy Policy shall cease to exist thirty days following the submission of its report to the Secretary of Agriculture and Congress.

7 USC 1446 note.

Subtitle E—Miscellaneous TRANSFER OF DAIRY PRODUCTS TO THE MILITARY AND VETERANS HOSPITALS

SEC. 151. Subsections (a) and (b) of section 202 of the Agricultural Act of 1949 (7 U.S.C. 1446a) are each amended by striking out "1985" and inserting in lieu thereof "1990". EXTENSION OF THE DAIRY INDEMNITY PROGRAM

SEC. 152. Section 3 of the Act entitled "An Act to provide indemnity payments to dairy farmers" (7 U.S.C. 4501), approved August 13, 1968, is amended by striking out "1985" and inserting in lieu thereof "1990".

7 USC 450/.

DAIRY EXPORT INCENTIVE PROGRAM

SEC. 153. (a) During the period beginning 60 days after the date of 15 USC enactment of this Act and ending on September 30, 1989, the 713a-14. Commodity Credit Corporation shall establish and operate an export incentive program as described in this section for dairy products under section 5 of the Commodity Credit Corporation Charter Act. 98 Stat. 3409. (b) The program established under subsection (a) shall provide for 15 USC 714c. the Corporation to make payments, on a bid basis, to an entity that sells for export United States dairy products. The Secretary shall have discretion to accept or reject bids under such criteria as the Secretary deems appropriate. (c) The program shall be operated under such rules and regula- Regulations. tions issued by the Secretary as the Secretary deems necessary to ensure, among other things, that— (1) payments may be made under the program only on the . quantity of dairy products sold by an entity for export in any year that is in addition to, and not in place of, any export sales of dairy products that the entity would otherwise make in the absence of the program; and (2) to the extent practicable, dairy products sold for export under the program will not displace commercial export sales of United States dairy products by other exporters. (d)(1) The regulations issued by the Secretary may provide for Regulations. payments under the program to be made in cash or in commodities of equal value that are available in Commodity Credit Corporation stock. (2) If payments in commodities are authorized, such payments may be made through the issuance of certificates redeemable in commodities. (3) If payments are authorized to be made in dairy products, the Regulations. regulations issued by the Secretary shall ensure that such dairy products, or an equal amount of other dairy products, will be sold for export by the entity and that any such export sales by the entity will be in addition to, and not in place of, export sales of dairy products that the entity would otherwise make under program or in the absence of the program, and, to the extent practicable, will not

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 99 Part 2.djvu/268

 99 STAT. 1378

Federal Register, publication.

PUBLIC LAW 99-198—DEC. 23, 1985

displace commercial export sales of United States dairy products by other exporters. (e)(1) The payments made under the program shall be made at a rate or rates established or approved by the Secretary, taking into consideration, among other things the type of product to be exported, the domestic price of dairy products, and world price of the dairy products. (2) Any such rate established or approved by the Secretary shall be published in the Federal Register or publicly announced through other appropriate means, and shall be at a level or levels as will encourage the exportation of United States dairy products by entities. TITLE II—WOOL AND MOHAIR ^ EXTENSION OF PRICE SUPPORT PROGRAM

SEC. 201. Section 703 of the National Wool Act of 1954 (7 U.S.C. 1782) is amended by ID striking out "1985" in subsection (a) and inserting in lieu thereof "1990"; and (2) striking out "1985" in subsection (b) and inserting in lieu thereof "1990". FOREIGN PROMOTION PROGRAMS

SEC. 202. The second sentence of section 708 of the National Wool Act of 1954 (7 U.S.C. 1787) is amended by striking out "mohair or goats" and inserting in lieu thereof "wool, mohair, sheep, or goats". TITLE III—WHEAT WHEAT POLL

SEC. 301. (a) Not later than July 1, 1986, the Secretary of Agriculture shall conduct a poll, by mail ballot, of eligible producers of wheat to determine whether such producers favor the imposition of mandatory limits on the production of wheat that will result in wheat prices that are not lower than 125 percent of the cost of production (excluding land and residual returns to management) as determined by the Secretary. (b) The Secretary shall conduct such poll in such a manner as will reflect the types and sizes of farm operations (including livestock), distinctions among types and classes of wheat produced, and such demographic and other information as the Secretary determines is necessary to reflect State, regional, and national responses. (c) To be eligible to vote in such poll, a producer must have produced a crop of wheat during at least one of the 1981 through 1985 crop years for wheat on a farm with a wheat crop acreage base of at least 40 acres. MARKETING QUOTAS

SEC. 302. Effective only for the 1987 through 1990 crops of wheat, section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332) is amended to read as follows: "PROCLAMATION OF MARKETING QUOTAS

7 USC

1332-1338.

"SEC. 332. (a) As used in sections 332 through 338:

, - --

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Page:United States Statutes at Large Volume 99 Part 2.djvu/269

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1379

"(1) The term 'base period' means the 1981 through 1985 crop years for wheat. "(2) The term 'marketing quota period' means the 1987 through 1990 marketing years for wheat. "(b)( 1) The Secretary may— "(A) proclaim national marketing quotas for wheat for each marketing year of the marketing quota period not later than June 15, 1986; and "(B) conduct, by mail ballot, a marketing quota referendum not later than August 1, 1986. "(2) The quantity of the national marketing quota for wheat for any marketing year shall be a quantity of wheat that the Secretary estimates is required to meet anticipated needs during such marketing year, taking into consideration domestic requirements, export demand, emergency food aid needs, and adequate carryover stocks. "(c) If, after the proclamation of a national marketing quota for wheat for any marketing year, the Secretary determines that the national marketing quota should be terminated or adjusted to meet a national emergency or a material change in the demand for wheat, the Secretary shall adjust or terminate the national marketing quota.". MARKETING QUOTA APPORTIONMENT FACTOR

SEC. 303. Effective only for the 1987 through 1990 crops of wheat, section 333 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1333) is amended to read as follows: " M A R K E T I N G Q U O T A A P P O R T I O N M E N T FACTOR

"SEC. 333. (a) The Secretary shall establish a marketing quota apportionment factor for each crop of wheat for which a national marketing quota is proclaimed under section 332. Ante, p. 1378. "(b) The apportionment factor shall be determined by dividing— "(1) the national marketing quota for such crop of wheat; by "(2) the average number of bushels of wheat the Secretary determines was produced in the United States during the base period, adjusted to reflect the quantity of wheat that would have been produced during such years except for— "(A) drought, flood, or other natural disaster, or other conditions beyond the control of producers; and "(B) participation in any acreage reduction, set-aside, or diversion programs for wheat during such crop years, as determined by the Secretary.". FARM MARKETING QUOTAS

SEC. 304. Effective only for the 1987 through 1990 crops of wheat, section 334 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1334) is amended to read as follows: "FARM MARKETING QUOTAS

"SEC. 334. (a) For each crop of wheat for which a national marketing quota has been proclaimed under section 332, the Secretary shall establish a farm marketing quota for each farm on which wheat was planted for harvest, or considered planted for harvest, during the base period.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/270

 99 STAT. 1380

Ante, p. 1378.

PUBLIC LAW 99-198—DEC. 23, 1985

"(b) The farm marketing quota shall be equal to the product obtained by multiplying— "(1) the average number of acres of wheat planted for harvest, or considered planted for harvest, on the farm during the base period; by "(2) the average yield of wheat planted for harvest, or considered planted for harvest, on the farm during such base period, as determined by the Secretary on such basis as the Secretary determines will provide a fair and equitable yield; by "(3) the marketing quota apportionment factor. "(c) For purposes of this section, wheat shall be considered to have been planted for harvest on the farm in any crop year to the extent that the Secretary determines that wheat was not planted for harvest on the farm because— "(1) of drought, flood, or other natural disaster, or other condition beyond the control of the producer, as determined by the Secretary; or "(2) the producer on the farm participated in any acreage reduction, set-aside, or diversion program for wheat during such crop years. "(d) Farm marketing quotas shall be established by the Secretary under this section by June 1 of the calendar year preceding each marketing year for which a national marketing quota has been proclaimed under section 332.". MARKETING PENALTIES

SEC. 305. Effective only for the 1987 through 1990 crops of wheat, section 335 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1335) is amended to read as follows: "MARKETING PENALTIES

Regulations.

"SEC. 335. (a) The marketing of wheat produced on a farm in excess of a farm marketing quota shall be subject to a penalty at a rate per bushel equal to 75 percent of the national average market price for wheat during the immediately preceding marketing year. "(b) The penalty provided for in subsection (a) shall be paid— "(1) in the case of wheat marketed by sale to a person within the United States, by the person who acquired the wheat from the producer, except that an amount equivalent to the penalty may be deducted by the buyer from the price paid to the producer; "(2) in the case of wheat marketed through a warehouseman or agent, by the warehouseman or agent, who may deduct an amount equivalent to the penalty from the price paid to the producer; or "(3) in the case of wheat marketed directly to any person outside the United States, by the producer. "(c) If any producer falsely identifies, or fails to certify, the acreage planted to wheat for harvest or fails to account for the disposition of any wheat produced on such planted acreage in accordance with regulations issued by the Secretary— "(1) a quantity of wheat equal to the product obtained by multiplying—

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Page:United States Statutes at Large Volume 99 Part 2.djvu/271

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1381

"(A) the farm program payment yield, as determined by the Secretary under title V of the Agricultural Act of 1949; 7 USC 1461. by "(B) the planted acreage, shall be deemed to have been marketed in excess of the farm marketing quota; and "(2) the penalty provided for in subsection (a) on such quantity of wheat shall be paid by the producer. "(d) Each producer having an interest in the crop of wheat on any farm for which a penalty is determined shall be jointly and severally liable for the entire amount of the penalty. "(e) Wheat subject to a farm marketing quota may be carried over by the producer from one marketing year to the succeeding marketing year, and may be marketed without incurring a penalty under this section in the succeeding marketing year, to the extent that— "(1) the total quantity of wheat available for marketing from the farm in the marketing year from which the wheat is carried over does not exceed the farm marketing quota; or "(2) the total quantity of wheat available for marketing in the succeeding marketing year (including any quantity of wheat carried over) does not exceed the farm marketing quota for the succeeding marketing year. "(0 Wheat produced in a calendar year in which marketing quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though it is marketed prior to the date on which such marketing year begins. "(g)(1) The Secretary, shall require collection of the penalty pro- Regulations. vided for in this section on a proportion of each unit of wheat marketed from the farm equal to the proportion that the wheat available for marketing from the farm in excess of the farm marketing quota is of the total quantity of wheat available for marketing from the farm, if satisfactory proof is not furnished to the Secretary as to the disposition to be made of the excess wheat, in accordance with regulations issued by the Secretary, prior to the marketing of any wheat from the farm. "(2) All funds collected under this section during a marketing year Regulations. shall be deposited in a special account established in the Treasury of the United States until the end of the next succeeding marketing year. On certification of the Secretary, there shall be paid out of such special account to a person designated by the Secretary the amount by which the penalty collected exceeds that amount of penalty due on wheat marketed in excess of the farm marketing quota for a farm. Such special account shall be administered by the Secretary. The basis for, the amount of, and the person entitled to receive a payment from such account, when determined in accordance with regulations prescribed by the Secretary, shall be final and conclusive. "(h) Until the amount of the penalty provided by this section is paid, a lien on— "(1) the wheat with respect to which such penalty is incurred; and "(2) any subsequent wheat subject to marketing quotas in which the person liable for the payment of such penalty has an interest, shall be in effect in favor of the United States for the amount of the penalty. C

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 99 STAT. 1382 •

Effective date.

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(i) A person liable for the payment or collection of a penalty on any quantity of wheat shall be liable also for interest thereon from the date the penalty becomes due until the date of payment of such penalty at a rate per annum equal to the rate of interest that was charged the Commodity Credit Corporation by the Treasurer of the United States on the date such penalty became due. "(j)(1) If marketing quotas for wheat are not in effect for any marketing year, all previous marketing quotas applicable to wheat shall be terminated, effective as of the first day of such marketing year. "(2) Such termination shall not— "(A) abate any penalty previously incurred by a producer; or "(B) relieve any buyer of the duty to remit penalties previously collected.". REFERENDUM

Ante, p. 119.

SEC. 306. Effective only for the 1987 through 1990 crops of wheat, section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1336) is amended to read as follows: "REFERENDUM

"SEC. 336. (a) If a national marketing quota for wheat for the marketing quota period is proclaimed, not later than August 1, 1986, the Secretary shall conduct, by mail ballot, a referendum of eligible producers to determine whether they favor or oppose marketing quotas for such period. "(b) Any producer who produced wheat on a farm during at least one of the crop years of the base period shall be eligible to vote in the referendum. "(c) Not later than 30 days after the conduct of such referendum, the Secretary shall proclaim the results of such referendum. "(d) If the Secretary determines that 60 percent or more of the producers voting in the referendum approve marketing quotas, the Secretary shall proclaim that marketing quotas will be in effect for the marketing quota period.''. TRANSFER OF FARM MARKETING QUOTAS

SEC. 307. Effective only for the 1987 through 1990 crops of wheat, section 338 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1338) is amended to read as follows: TRANSFER OF FARM MARKETING QUOTAS

Prohibition. Regulations.

"SEC. 338. (a) Except as provided in subsection (b), farm marketing quotas shall not be transferable. "(b) In accordance with regulations prescribed by the Secretary for such purpose— "(1) the farm marketing quota for a farm for any marketing year, or any portion thereof, may be voluntarily surrendered to the Secretary by the producer; and "(2) the Secretary may reallocate any farm marketing quotas so surrendered to other farms having farm marketing quotas on such basis as the Secretary may determine.".

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Page:United States Statutes at Large Volume 99 Part 2.djvu/273

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1383

LOAN RATES, TARGET PRICES, DISASTER PAYMENTS, ACREAGE LIMITATION AND SET-ASIDE PROGRAMS, AND LAND DIVERSION FOR THE 1986 THROUGH 1990 CROPS OF WHEAT

SEC. 308. Effective only for the 1986 through 1990 crops of wheat, the Agricultural Act of 1949 is amended by inserting after section 107C (7 U.S.C. 1445b-2) the following new section: "SEC. 107D. Notwithstanding any other provision of law: 7 USC i445b-3. "(a)(1) Except as provided in paragraphs (2) through (4), the Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of wheat at such level as the Secretary determines will maintain the competitive relationship of wheat to other grains in domestic and export markets after taking into consideration the cost of producing wheat, supply and demand conditions, and world prices for wheat. "(2) For any crop of wheat for which marketing quotas are in effect, the loan and purchase level determined under paragraph (1) shall not be less than the higher of^ "(A) 75 percent of the national average cost of production per bushel of wheat, as determined by the Secretary, taking into consideration variable expenses, general farm overhead, taxes, insurance, interest, and capital replacement costs (but excluding residual returns for management and risk); or "(B) $3.55 per bushel. "(3) Except as provided in paragraph (4), for any crop of wheat for which marketing quotas are not in effect, the loan and purchase level determined under paragraph (1) shall— "(A) in the case of the 1986 crop of wheat, not be less than $3.00 per bushel; and "(B) in the case of each of the 1987 through 1990 crops of wheat, not be less than 75 percent, nor more than 85 percent, of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, except that the loan and purchase level for a crop determined under this clause may not be reduced by more than 5 percent from the level determined for the preceding crop. "(4)(A) Except as provided in subparagraph (B), for any crop of wheat for which marketing quotas are not in effect, if the Secretary determines that the average price received by producers for wheat in the previous marketing year was not more than 110 percent of the loan and purchase level for wheat for such marketing year or determines that such action is necessary to maintain a competitive market position for wheat, the Secretary— "(i) in the case of the 1986 crop of wheat, shall reduce the loan and purchase level for wheat for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain but not less than 10 percent of the loan and purchase level for such crop; and "(ii) in the case of each of the 1987 through 1990 crops of wheat, may reduce the loan and purchase level for wheat for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain. "(B) The loan and purchase level may not be reduced under Prohibition. subparagraph (A) by more than 20 percent in any year.

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 99 STAT. 1384 Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(C) Any reduction in the loan and purchase level for wheat under this paragraph shall not be considered in determining the loan and purchase level for wheat for subsequent years. "(5)(A) The Secretary may permit a producer to repay a loan made under paragraph (1) for a crop at a level that is the lesser of^ "(i) the loan level determined for such crop; or .. "(ii) the higher of— - • "(I) 70 percent of such level; 'if "(II) if the loan level for a crop was reduced under •";,' paragraph (4), 70 percent of the loan level that would have ~' been in effect but for the reduction under paragraph (4); or "(III) the prevailing world market price for wheat, as determined by the Secretary. Regulations. "(B) If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation— "(i) a formula to define the prevailing world market price for wheat; and "(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for wheat. "(6) For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination. "(b)(1) The Secretary may, for each of the 1986 through 1990 crops of wheat, make payments aveiilable to producers who, although eligible to obtain a loan or purchase agreement under subsection (a), agree to forgo obtaining such loan or agreement in return for such payments. "(2) A payment under this subsection shall be computed by multiplying— , "(A) the loan payment rate; by "(B) the quantity of wheat the producer is eligible to place under loan. Prohibition. "(3) For purposes of this subsection, the quantity of wheat eligible to be placed under loan may not exceed the product obtained by multiplying— "(A) the individual farm program acreage for the crop; by "(B) the farm program payment jrield established for the farm. "(4) For purposes of this subsection, the loan payment rate shall be the amount by which— "(A) the loan level determined for such crop under subsection (a); exceeds "(B) the level at which a loan may be repaid under subsection (a). "(c)(l)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of wheat in an amount computed by multiplying— "(i) the payment rate; by "(ii) the individual farm program acreage for the crop; by "(iii) the farm program payment yield for the crop for the farm. Prohibition. "(B) Payments for any such crop for which marketing quotas are in effect shall not exceed an amount equal to the payment rate multiplied by the farm marketing quota.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/275

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1385

"(C)(i) If an acreage limitation program under subsection (f)(2) is in effect for a crop of wheat and the producers on a farm devote a portion of the permitted wheat acreage of the farm (as determined in accordance with subsection (fK2XA)) equal to more than 8 percent of the permitted wheat acreage of the farm for the crop to conservation uses or nonprogram crops— "(I) such portion of the permitted wheat acreage of the farm in excess of 8 percent of such acreage devoted to conservation uses or nonprogram crops shall be considered to be planted to wheat for the purpose of determining the individual farm program acreage in accordance with subsection (f)(2)(E) and for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (fK2XD); and "(II) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). "(ii) To be eligible for payments under clause (i), except as provided in clauses (iii) and (vii), the producers on the farm must actually plant wheat for harvest on at least 50 percent of the permitted wheat acreage of the farm. "(iii) If a State or local agency has imposed in an area of a State or county a quarantine on the planting of wheat for harvest on farms in such area, the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of wheat for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under this clause, such producers may not plant feed grains, cotton, rice, or soybeans on such acreage. "(iv) The wheat crop acreage base and wheat farm program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses or nonprogram crops. "(v) Other than as provided in clauses (i) through (iv), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to wheat. "(vi) Any acreage considered to be planted to wheat in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation, set-aside program, or land diversion program requiring that the producers devote a specified acreage to conservation uses. "(vii) This subparagraph shall not apply if the established price for wheat is determined pursuant to subparagraph (H)(i). "(D)(i) Except as provided in clause (ii), the payment rate for wheat shall be the amount by which the established price for the crop of wheat exceeds the higher of— "(I) the national weighted average market price received by producers during the first 5 months of the marketing year for such crop, as determined by the Secretary; or

Conservation.

Prohibition,

Prohibition. Prohibition,

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 99 STAT. 1386

Prohibition.

"

•'

'

PUBLIC LAW 99-198—DEC. 23, 1985

"(ID the loan level determined for such crop, prior to any adjustment made under subsection (a)(4) for the marketing year for such crop of wheat. "(ii) If the national weighted average market price received by producers during the first 5 months of the marketing year for a crop, as determined by the Secretary, exceeds $2.55 per bushel for the 1986 crop, $2.65 per bushel for the 1987 crop, or $2.82 per bushel for the 1988 crop, at the option of the Secretary, the payment rate for such crop of wheat shall be the amount by which the established price for the crop of wheat exceeds the higher of— "(I) $2.55 per bushel for the 1986 crop, $2.65 per bushel for the 1987 crop, and $2.82 per bushel for the 1988 crop; or "(II) the loan level determined for such crop, prior to any adjustment made under subsection (a)(4) for the marketing year for such crop of wheat. "(E)(i) Notwithstanding the foregoing provisions of this section, if the Secretary adjusts the level of loans and purchases for wheat under subsection (a)(4), the Secretary shall provide emergency compensation by increasing the established price payments for wheat by such amount as the Secretary determines necessary to provide the same total return to producers as if the adjustment in the level of loans and purchases had not been made, taking into consideration any payments made as the result of subparagraph (D)(ii). "(ii) In determining the payment rate, per bushel, for established price payments for a crop of wheat under this subparagraph, the Secretary shall use the national weighted average market price, per bushel of wheat, received by producers during the marketing year for such crop, as determined by the Secretary. "(F) For any crop of wheat for which marketing quotas are in effect, the established price shall not be less than the higher of^ "(i) the national average cost of production per bushel of wheat, as determined by the Secretary under subsection (a)(2); or "(ii) $4.65 per bushel. ~ - fv.. "(G) For any crop of wheat for which marketing quotas are not in effect, the established price for wheat shall not be less than $4.38 per bushel for each of the 1986 and 1987 crops, $4.29 per bushel for the 1988 crop, $4.16 per bushel for the 1989 crop, and $4.00 per bushel for the 1990 crop. "(H) For any crop of wheat for which marketing quotas are not in effect, at the option of the Secretary and subject to subparagraph (G), the established price for wheat applicable to producers may be determined on the basis of— "(i) the percentage by which the producers reduce the acreage planted to wheat on the farm for harvest from the crop acreage base for the farm in accordance with an acreage limitation program described in subsection (f)(2); or "(ii) a graduated scale of production under which the amount of the payments made to the producers would vary for specified quantities of wheat produced by the producers and such payments would be targeted to commercial family farmers who have annual gross sales in excess of $20,000. "(I) The total quantity on which payments would otherwise be payable to a producer on a farm for any crop under this paragraph shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2).

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1387

"(J) The Secretary may pay not more than 5 percent of the total Prohibition. amount of a payment made under this paragraph in the form of wheat. The use of wheat in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(K) As used in this paragraph, the term 'nonprogram crop' means any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. "(2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for wheat to wheat or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying— "(I) the number of acres so affected but not to exceed the acreage planted to wheat for harvest (including any acreage that the producers were prevented from planting to wheat or other nonconserving crops in lieu of wheat because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by "(11) 75 percent of the farm program payment yield estal> lished by the Secretary; by ''' "(III) a payment rate equal to 33 V percent of the average of a the established prices for the crop. "(ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of wheat held by the Commodity Credit Corporation. "(B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of wheat that the producers are able to harvest on any farm is less than the result of multiplying 60 percent of the farm program payment yield established by the Secretary for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 50 percent of the established price for the crop for the deficiency in production below 60 percent for the crop. "(C) Producers on a farm shall not be eligible for— Prohibition, "(i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. or "(ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the wheat acreage of the producers. "(D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this paragraph if the Secretary determines that— "(I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the
 * 1501 et seq.) with respect to the wheat acreage of the producers;

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 99 STAT. 1388 .;,

-ii ii

PUBLIC LAW 99-198—DEC. 23, 1985 ,

producers on a farm have suffered substantial losses of production either from being prevented from planting wheat or other nonconserving crops or from reduced yields; f "(II) such losses have created an economic emergency for the producers; "(III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to such producers for such losses are insufficient to alleviate such economic emergency; and "(IV) additional assistance must be made available to such producers to alleviate such economic emergency, "(ii) The Secretary may make such adjustments in the amount of payments made available under this subparagraph with respect to an individual farm so as to assure the equitable allotment of such pa3mients among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. "(d)(l)(A) For any crop of wheat for which marketing quotas are not in effect and an acreage limitation program under subsection (f) is not in effect, the Secretary shall proclaim a national program acreage. The proclamation shall be made not later than June 1 of each calendar year for the crop harvested in the next succeeding calendar year, except that in the case of the 1986 crop, the proclamation shall be made as soon as practicable after the date of enactment of the Food Security Act of 1985. "(B) The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the Secretary determines it necessary based on the latest information. The Secretary shall proclaim such revised national program acreage as soon as it is made. "(C) The national program acreage for wheat shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. "(D) If the Secretary determines that carryover stocks of wheat are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage ^y *^® quantity the Secretary determines will accomplish the desired increase or decrease in carryover stocks. "(2) The Secretary shall determine a program allocation factor for each crop of wheat for which marketing quotas are not in effect. The allocation factor for wheat shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop, except that in no event shall the allocation factor for any crop of wheat be more than 100 percent nor less than 80 percent. "(3)(A)(i) Except as provided in subsection (fK2), the individual farm program acreage for each crop of wheat for which marketing quotas are not in effect shall be determined by multiplying the allocation factor by the acreage of wheat planted for harvest on the farms for which individual farm program acreages are required to be determined.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/279

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1389

"(ii) The individual farm program acreage shall not be further reduced by application of the allocation factor if the producers reduce the acreage of wheat planted for harvest on the farm from the crop acreage base established for the farm under title V by at least the percentage recommended by the Secretary in the proclamation of the national program acreage. "(iii) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of wheat planted for harvest is less than the crop acreage base established for the farm under title V, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. "(iv) In establishing the allocation factor for wheat, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this paragraph. "(B) For any crop of wheat for which marketing quotas are in effect, the individual farm program acreage shall be the acreage on the farm that the Secretary determines is sufficient to produce the quantity of wheat equal to the farm marketing quota established for the farm under section 334 of the Agricultural Adjustment Act of 1938. "(e) The farm program payment yields for farms for each crop of wheat shall be determined under title V. "(f)(l)(A)(i) Notwithstanding any other provision of this Act, except as provided in subparagraphs (B) through (E), if the Secretary determines that the total supply of wheat, in the absence of an acreage limitation or set-aside program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of wheat for which marketing quotas are not in effect either an acreage limitation program as described in paragraph (2) or a set-aside program as described in paragraph (3). "(ii) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 1231 of the Food Security Act of 1985. "(iii) If the Secretary elects to put either of such programs into effect for any crop year, the Secretary shall announce such program not later than June 1 prior to the calendar year in which the crop is harvested, except that in the case of the 1986 crop, the Secretary shall announce such program as soon as practicable after the date of enactment of the Food Security Act of 1985. "(iv) Not later than July 31 of the year previous to the year in which the crop is harvested, the Secretary may make adjustments in the program announced under clause (iii) if the Secretary determines that there has been a significant change in the total supply of wheat since the program was first announced. "(B) In the case of the 1986 crop of wheat, if the Secretary estimates, as soon as practicable after the date of enactment of the Food Security Act of 1985, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be— "(i) more than 1,000,000,000 bushels, the Secretary shall pro' vide for— .(s. "(I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for

Prohibition. 7 USC 1461.

Ante, p. 1379.

Post, p. 1509.

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 99 STAT. 1390

PUBLIC LAW 99-198—DEC. 23, 1985

harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not less • than 15 percent nor more than 22 y2 percent; and ' .^" "(11) a land diversion program (as described in paragraph planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by 2^2 percent of the wheat crop acreage base, in addition to any reduction required under subclause (I); or "(ii) 1,000,000,000 bushels or less, the Secretary may provide for— "(I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced by not more ',' ',' than 15 percent; and "(II) a land diversion program as described in paragraph (5)(A). "(C) In the case of the 1987 crop of wheat, if the Secretary V... ( , J estimates, not later than June 1 of the year previous to the year in ' which the crop is harvested, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be— "(i) more than 1,000,000,000 bushels, the Secretary shall provide for an acreage limitation program (as described in paravifj graph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for ' the farm for the crop reduced by not less than 20 percent but not more than 27 Va percent; or
 * •'' (5)(A)) with in-kind payments under which the acreage
 * /,. "(ii) 1,000,000,000 bushels or less, the Secretary may provide

fi:; for such an acreage limitation program under which the acreage planted to wheat for harvest on a farm would be limited to V i the wheat crop acreage base for the farm for the crop reduced - ' - by not more than 20 percent. "(D) In the case of each of the 1988 through 1990 crops of wheat, if .;; > the Secretary estimates, not later than June 1 of the year previous to the year in which the crop is harvested, that the quantity of wheat on hand in the United States on the first day of the marketing year for that crop (not including any quantity of wheat of that crop) will be— "(i) more than 1,000,000,000 bushels, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for ^' ^ the farm for the crop reduced by not less than 20 percent nor ^ more them 30 percent; or "(ii) 1,000,000,000 bushels or less, the Secretary may provide for such an acreage limitation program under which the acreage planted to wheat for harvest on a farm would be limited to the wheat crop acreage base for the farm for the crop reduced - " by not more than 20 percent. "(E) As a condition of eligibility for loans, purchases, and payments for any such crop of wheat, except as provided in subsection (g), the producers on a farm must comply with the terms and conditions of the acreage limitation program and, if applicable, the land diversion progremi as provided in paragraph (IXBXiXII).

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1391

"(2)(A)(i) If a wheat acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction to the wheat crop acreage base for the crop for each wheat-producing farm. "(ii) If the Secretary elects to determine the established price for wheat applicable to producers as provided in subsection (c)(l)(H)(i), the limitation on the acreage planted to wheat shall be achieved by applying the percentage reductions selected by producers under subsection (c)(l)(H)(i) to the crop acreage base for each wheat-producing farm. (B) Except as provided in subsection (g), producers who knowingly produce wheat in excess of the permitted wheat acreage for the farm shall be ineligible for wheat loans, purchases, and payments with respect to that farm. "(C) Wheat crop acreage bases for each crop of wheat shall be determined under title V. "(D)(i) A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by dividing— "(I) the product obtained by multiplying the number of acres required to be withdrawn from the production of wheat times the number of acres planted to such commodity; by "(II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. "(ii) The number of acres so determined is hereafter in this subsection referred to as 'reduced acreage'. "(E) If an acreage limitation program is announced under paragraph (1) for a crop of wheat, subsection (d) shall not be applicable to such crop, including any prior announcement that may have been made under such subsection with respect to such crop. Except as otherwise provided in subsection (c)(l)(C), the individual farm program acreage shall be the acreage planted on the farm to wheat for harvest within the permitted wheat acreage for the farm as established under this paragraph. "(3)(A) If a set-aside program is announced under paragraph (1), as a condition of eligibility for loans, purchases, and payments for wheat authorized by this Act (except as provided in subsection (g)), the producers on a farm must— "(i) set aside and devote to conservation uses an acreage of cropland equal to a specified percentage, as determined by the Secretary, of the acreage of wheat planted for harvest for the crop for which the set-aside is in effect; and "(ii) otherwise comply with the terms of such program. "(B) The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. "(C) If a set-aside program is established, the Secretary may limit the acreage planted to wheat. Such limitation shall be applied on a uniform basis to all wheat-producing farms. "(D) The Secretary may make such adjustments in individual setaside acreages under this paragraph as the Secretary determines necessary— "(i) to correct for abnormal factors affecting production; and "(ii) to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, topography, and such other factors as the Secretary determines necessary.

<:t„..

7 USC 1461. Conservation. Regulations.

Prohibition.

, ^-^..,. 51?

Conservation.

Conservation. Regulations.

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 99 STAT. 1392 Regulations. Conservation.

Prohibition.

Conservation.

Conservation. Contracts.

Contracts.

PUBLIC LAW 99-198—DEC. 23, 1985

"(4)(A) The regulations issued by the Secretary under paragraphs (2) and (3) with respect to acreage required to be devoted to conservation uses shall assure protection of such acreage from weeds and wind and water erosion. "(B) Subject to subparagraph (C), the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, hay and grazing, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to— "(I) hay and grazing, in the case of the 1986 crop of wheat; and "(II) grazing, in the case of each of the 1987 through 1990 crops of wheat. "(ii) Haying and grazing shall not be permitted for any crop of wheat under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act. "(D) In determining the quantity of land to be devoted to conservation uses under an acreage limitation or set-aside program with respect to land that has been farmed under summer fallow practices, as defined by the Secretary, the Secretary shall consider the effects of soil erosion and such other factors as the Secretary considers appropriate. "(5)(A)(i) The Secretary may make land diversion payments to producers of wheat, whether or not an acreage limitation program, set-aside program, or marketing quotas for wheat are in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of wheat to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. "(ii) The amounts payable to producers under land diversion contracts may be determined through the submission of bids for such contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. "(iii) The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. "(B)(i) Notwithstanding the foregoing provisions of this paragraph, the Secretary shall implement a land diversion program for the 1986 crop of wheat for producers who plant the 1986 crop of wheat before

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Page:Dictionary of National Biography volume 44.djvu/19

 London, which may be doubted. He was buried in the chapel of Our Lady in Norwich Cathedral, of which he had been a benefactor, and his son endowed a priest to pray for his soul in the said chapel for ninety years (, vi. 480). Blomefield states that he built the north aisle of Therfield Church, Hertfordshire, and probably that of Great Cressingham Church, Norfolk, in both of which effigies of himself and his wife formerly existed.

Paston married Agnes, daughter and heiress of Sir Edmund Berry of Harlingbury or Horwelbury Hall in Hertfordshire, who bore him five sons and one daughter. The sons were: John (1421–1466), who is separately noticed; Edmund (1425?–1449?), William (1436?–1496?), Clement (b. 1442; d. before 1487), and Harry, who must have predeceased his father (Paston Letters, i. 77). The daughter was Elizabeth, who married (1), before 1459, Robert Poynings (d. 1461), by whom she was mother of Lord-deputy Sir Edward Poynings [q. v.], and (2), before 1472, Sir George Browne of Betchworth, Surrey. She made her will on 18 May 1487 (ib. iii. 462).

Paston's wife had brought him estates in Hertfordshire and Suffolk, and he himself had made extensive purchases of lands in Paston and other parts of Norfolk, including the manor of Gresham, bought of Thomas Chaucer [q. v.] These estates he divided by his will between his widow and his sons, with elaborate precautions against disputes, which did not prove entirely successful. He also left a very considerable amount of ready money and plate, although over four hundred pounds of his salary was not paid until fourteen years after his death (Foss, iv. 352; Enrolled Customs Accounts, 37 Henry VI). His widow died in 1479.

[Foss, in his Lives of the Judges (iv. 350–2), gives a short biography of Paston, to which something has been added from Blomefield and Parkin's History of Norfolk (8vo ed., 1805) and Mr. Gairdner's edition of the Paston Letters. The fullest materials for the Paston genealogy are contained in Sandford's transcript of the family pedigree and evidences printed in 1855 by Mr. Worship in vol. iv. of the Norfolk Archæology from the original manuscript at Clumber. Some additional information may be gleaned from Dugdale's Monasticon Anglicanum (ed. Caley, Ellis, and Bandinel), iii. 63 sqq., v. 59 sq.]  PASTON, WILLIAM (1479?–1554), lawyer and courtier, born about 1479, was son of Sir John Paston the younger of Paston in Norfolk, by Margery, daughter of Sir Thomas Brews of Sturton Hall in Sall, Norfolk. The father was a soldier, and had been brought up in the family of the Duke of Norfolk, with whom his family had much dispute; but, like his elder brother, also called Sir John Paston [q. v.], who is separately noticed, and from whom he must be carefully distinguished, he took the Lancastrian side in the war of the Roses. With his brother he fought at Barnet in 1471, and had to secure a pardon to meet the new turn of affairs. He served in the army of 1475, and, on his elder brother's death in 1479, he succeeded to the estates. He was high sheriff of Norfolk in 1485, and evidently was much trusted by the new king, who gave him a reward of 160l. in the same year. He behaved well in the rebellion of Lambert Simnel, was knighted at the battle of Stoke in 1487, was made a knight of the king's body, and took part in the reception of Catherine of Arragon in 1501. He died in 1503.

William Paston was educated at Cambridge, and a letter from him to his father, written about 1495, has been printed among the ‘Paston Letters.’ It shows that at the time he had been forced to leave the university on account of the ravages of the sweating sickness. He was bred to the law, the borough of Yarmouth acknowledging his services on one occasion by giving him a present; but he is chiefly known as a courtier. In 1511 he was a commissioner of array for Norfolk. In 1513 he secured a grant of part of the Pole estates. On 7 July 1517 he attended on the king at a banquet at Greenwich. The same year he was sheriff of Norfolk. It seems uncertain when he was knighted, but probably he was dubbed early in Henry VIII's reign. He was certainly a knight in 1520. He was present at the reception of the emperor, Charles V, and the Field of the Cloth of Gold in 1520, and in 1522 seems to have been employed as a treasurer for the army on the Scottish border. He was often in the commission of the peace for Norfolk, and secured various grants. In 1523 he was again serving on the northern border, and his family connection with the Lovell family secured him the executorship to Sir Thomas Lovell [q. v.], who died in 1524. He was a commissioner to collect the subsidy of 1524; the same year, on 1 Sept., he was one of those who rode to Blackheath to meet the papal ambassador bearing the golden rose to Henry. He seems to have been high-handed as a landlord, and had disputes with the men of Yarmouth about his estate of Caistor. In 1528 he was sheriff of Norfolk and Suffolk. He went on the expedition of 1532, took some part, as an augmentation commissioner for Norfolk, in the suppression of the monasteries, was present at the reception of Anne of Cleves in 1539, and died


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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1393

the announcement by the Secretary of the wheat acreage limitation program for that crop under which the Secretary shall make crop retirement and conservation pa3anents to any such producer of the 1986 crop of wheat who— ''(I) reduces the acreage on the farm planted to wheat for harvest so that it does not exceed the wheat crop acreage base for the farm less an amount equivalent to 10 percent of the " under paragraph (2)); and "(11) devotes to approved conservation uses an acreage of Conservation. cropland equivalent to the reduction required from the wheat crop acreage base under this paragraph. "(ii) Pa3mients under clause (i) shall be made in an amount computed by multiplying— "(I) the diversion payment rate; by "(II) the acreage diverted under this paragraph; by ^,. "(Ill) the farm program payment yield for the crop. '•'"'•' "(iii) The diversion payment rate shall be $2.00 per bushel. "(6)(A) Any reduced acreage, set-aside acreage, and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. "(B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). "(C) The Secretary may also pay an appropriate share of the cost Conservation. of approved soil and water conservation practices (including practices that may be effective for a number of years) established by the producer on reduced acreage, set-aside acreage, or additional diverted acreage. "(D) The Secretary may provide for an additional payment on Regulations. such acreage in an amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. "(7)(A) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. "(B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. "(8) Notwithstanding the foregoing provisions of this subsection, in carrying out the program conducted under this subsection, the Secretary may prescribe production targets for participating farms expressed in bushels of production so that all participating farms achieve the same pro rata reduction in production as prescribed by the national production targets. "(g)(l) The Secretary may, for each of the 1986 through 1990 crops of wheat, make payments available to producers who meet the requirements of this subsection. "(2) Such payments shall be— "(A) made in the form of wheat owned by the Commodity Credit ([k>rporation; and ,,^^ v
 * wheat crop acreage base (in addition to any reduction required

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 99 STAT. 1394

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

"(B) subject to the availability of such wheat. "(3)(A) Payments under this subsection shall be determined in the same manner as provided in subsection (h)"(B) The quantity of wheat to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. "(4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer— "(A) agrees to forgo obtaining a loan or purchase agreement under subsection (a); "(C) does not plant wheat for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f); and "(D) otherwise complies with this section. "(h)(1) If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. "(2) The Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. "(i) The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. "(j) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. "(k) The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)) (relating to assignment of payments) shall apply to payments under this section. "(1) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. "(m) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. "(n)(l) Except as provided in paragraphs (2) and (3), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans, purchases, or payments under this section. "(2) If an acreage limitation program is established for a crop of wheat under subsection (f)(2), producers who participate in the program may not plant acreage of another commodity for which there is an acreage limitation program in effect in excess of the crop acreage base for the crop for the farm. "(3) If a set-aside program is established for a crop of wheat under subsection (f)(3), compliance on a farm with the terms and conditions of any other commodity program may be required as a condition of eligibility for loans, purchases, or payments under this section.". NONAPPLICABILITY OF CERTIFICATE REQUIREMENTS
 * i.' "(B) agrees to forgo receiving payments under subsection (c);

Prohibition. 7 USC 1379d note.

SEC. 309. Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379d-1379j) (relating

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1395

to marketing certificate requirements for processors and exporters) shall not be applicable to wheat processors or exporters during the period June 1, 1986, through May 31, 1991. SUSPENSION OP LAND USE, WHEAT MARKETING ALLOCATION, AND PRODUCER CERTIFICATE PROVISIONS

SEC. 310. (a) Sections 332, 333, 334, 335, 336, and 338 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332-1336 and 1338) shall not be applicable to the 1986 crop of wheat. (b) Sections 331, 339, 379b, and 379c of such Act (7 U.S.C. 1331, 1339, 1379b, and 1379c) shall not be applicable to the 1986 through 1990 crops of wheat.

Prohibitions. Ante, pp. 1378-1382. 7 USC 1332 note. 7 USC 1331 note.

SUSPENSION OP CERTAIN QUOTA PROVISIONS

SEC. 311. The joint resolution entitled "A joint resolution relating to com and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended", approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 1986 through 1990.

Prohibition. 7 USC 1340 note.

NONAPPUCABILITY OF SECTION 107 OF THE AGRICULTURAL ACT OP 1949 TO THE 1986 THROUGH 1990 CROPS OF WHEAT

SEC. 312. Section 107 of the Agricultural Act of 1949 (7 U.S.C. 1445a) shall not be applicable to the 1986 through 1990 crops of wheat. TITLE IV—FEED GRAINS

Prohibition. 7 USC 1445a note.

LOAN RATES, TARGET PRICES, DISASTER PAYMENTS, ACREAGE LIMITATION AND SET-ASIDE PROGRAMS, AND LAND DIVERSION FOR THE 1986 THROUGH 1990 CROPS OF FEED GRAINS

SEC. 401. Effective only for the 1986 through 1990 crojw of feed grains, the Agricultural Act of 1949 is amended by adding after section 105B (7 U.S.C. 1444d) the following new section: "SEC. 105C. Notwithstanding any other provision of law: "(a)(l) Except as provided in paragraphs (2) through (4), the Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of com at such level as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains after taking into consideration the cost of producing com, supply and demand conditions, and world prices for com. "(2) Except as provided in paragraph (3), the loan and purchase level determined under paragraph (1) shall— "(A) in the case of the 1986 crop of com, not be less than $2.40 per bushel; and "(B) in the case of each of the 1987 through 1990 crops of com, not be less than 75 percent, nor more than 85 percent, of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, except that the loan and purchase level for a crop determined under this clause

7 USC 1444e.

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 99 STAT. 1396

Prohibition. Prohibition.

",

Regulations.

7 USC 1421.

PUBLIC LAW 99-198—DEC. 23, 1985

may not be reduced by more than 5 percent from the level determined for the preceding crop. "(3)(A) Except as provided in subparagraph (B), if the Secretary determines that the average price received by producers for corn in the previous marketing year was not more than 110 percent of the loan and purchase level for corn for such marketing year or determines that such action is necessary to maintain a competitive market position for feed grains, the Secretary— "(i) in the case of the 1986 crop of corn, shall reduce the loan and purchase level for corn for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain but not less than 10 percent of the loan and purchase level for such crop; and "(ii) in the case of each of the 1987 through 1990 crops of corn, may reduce the loan and purchase level for corn for the marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain. "(B) The loan and purchase level may not be reduced under subparagraph (A) by more than 20 percent in any year. "(C) Any reduction in the loan and purchase level for corn under this paragraph shall not be considered in determining the loan and purchase level for corn for subsequent years. "(4)(A) The Secretary may permit a producer to repay a loan made under paragraph (1) or (6) for a crop at a level that is the lesser of— "(i) the loan level determined for such crop; or "(ii) the higher of— "(I) 70 percent of such level; •'' "(II) if the loan level for a crop was reduced under paragraph (3), 70 percent of the loan level that would have been in effect but for the reduction under paragraph (3); or "(III) the prevailing world market price for feed grains, as determined by the Secretary. "(B) If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation— "(i) a formula to define the prevailing world market price for feed grains; and "(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for feed grains. "(5) For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination. "(6) The Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of grain sorghums, barley, oats, and rye, respectively, at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of such commodity in relation to corn and other factors specified in section 401(b). "(b)(1) The Secretary may, for each of the 1986 through 1990 crops of corn, grain sorghums, barley, oats, and rye, make payments available to producers who, although eligible to obtain a loan or purchase agreement under subsection (a), agree to forego obtaining such loan or agreement in return for such payments. "(2) A payment under this subsection shall be computed by multiplying— '•--.!/bKS,:?,.-fr -,--^., r-r-, ^ -. t '•.-•'' !:• •,;- •.^ --..K -

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Page:United States Statutes at Large Volume 99 Part 2.djvu/287

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1397

"(A) the loan payment rate; by "(B) the quantity of such feed grains the producer is eligible to place under loan. "(3) For purposes of this subsection, the quantity of feed grains eligible to be placed under loan may not exceed the product obtained by multiplying— "(A) the individual farm program acreage for the crop; by "(B) the farm program payment yield established for the farm. "(4) For purposes of this subsection, the loan payment rate shall be the amount by which— "(A) the loan level determined for such crop under subsection (a); exceeds "(B) the level at which a loan may be repaid under subsection (a). "(c)(l)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of corn, grain sorghums, oats, and, if designated by the Secretary, barley, in an amount computed by multiplying— "(i) the payment rate; by "(ii) the individual farm program acreage for the crop; by "(iii) the farm program payment yield for the crop for the farm. "(B)(i) If an acreage limitation program under subsection (fK2) is Conservation. in effect for a crop of feed grains and the producers on a farm devote a portion of the permitted feed grain acreage of the farm (as determined in accordance with subsection (fK2XA)) equal to more than 8 percent of the permitted feed grain acreage of the farm for the crop to conservation uses or nonprogram crops— "(I) such portion of the permitted feed grain acreage of the Conservation. farm in excess of 8 percent of such acreage devoted to conservation uses or nonprogram crops shall be considered to be planted to feed grains for the purpose of determining the individual farm program acreage in accordance with subsection (fK2XE) and for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (f)(2)(D); and "(II) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). "(ii) To be eligible for payments under clause (i), except as provided in clause (iii), the producers on the farm must actually plant feed grains for harvest on at least 50 percent of the permitted feed grain acreage of the farm. "(iii) If a State or loceil agency has imposed in an area of a State or county a quarantine on the planting of feed grains for harvest on farms in such area, the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may recommend to the Secretary that pa3mients be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of feed grains for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under this clause, such producers may not plant wheat, cotton, rice, or soybeans on such acreage.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/288

 99 STAT. 1398 Prohibition.

Prohibition.

Conservation.

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(iv) The feed grain crop acresige base and feed grain program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses or nonprogram crops. "(v) Other than as provided in clauses (i) through (iv), payments may not be made under this paragraph for any crop on a greater acreage than the acreage actually planted to feed grains. "(vi) Any acreage considered to be planted to feed grains in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. "(C)(i) Except as provided in clause (ii), the payment rate for corn shall be the amount by which the established price for the crop of corn exceeds the higher of— "(I) the national weighted average market price received by "' producers during the first 5 months of the marketing year for such crop, as determined by the Secretary; or "(II) the loan level determined for such crop, prior to any adjustment made under subsection (a)(3) for the marketing year for such crop of corn. "(ii) If the national weighted average market price received by producers during the first 5 months of the marketing year for a crop, as determined by the Secretary, exceeds $2.04 per bushel for the 1986 crop of corn, $2.19 per bushel for the 1987 crop, and $2.24 per bushel for the 1988 crop, at the option of the Secretary, the payment rate for such crop of corn shall be the amount by which the established price for the crop of corn exceeds the higher of— "(I) $2.04 per bushel for the 1986 crop, $2.19 per bushel for the 1987 crop, and $2.24 per bushel for the 1988 crop; or "(II) the loan level determined for such crop, prior to any - adjustment made under subsection (a)(3) for the marketing year for such crop of corn. "(D)(i) Notwithstanding the foregoing provisions of this section, if the Secretary adjusts the level of loans and purchases for feed grains under subsection (a)(4), the Secretary shall provide emergency compensation by increasing the established price pa3nnents for feed grains by such amount as the Secretary determines necessary to provide the same total return to producers as if the adjustment in the level of loans and purchases had not been made, taking into consideration any payments made as the result of subparagraph (C)(ii). "(ii) In determining the payment rate, per bushel, for established price payments for a crop of feed grains under this subparagraph, the Secretary shall use the national weighted average market price, per bushel of wheat, received by producers during the marketing year for such crop, as determined by the Secretary. "(E) The established price for corn shall not be less than $3.03 per bushel for each of the 1986 and 1987 crops, $2.97 per bushel for the 1988 crop, $2.88 per bushel for the 1989 crop, and $2.75 per bushel for the 1990 crop. "(F) The payment rate for grain sorghums, oats, and, if designated by the Secretary, barley, shall be such rate as the Secretary determines is fair and reasonable in relation to the rate at which payments are made available for corn. (G) The total quantity on which payments would otherwise be payable to ^ producer on a farm for any crop under this paragraph

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Page:United States Statutes at Large Volume 99 Part 2.djvu/289

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1399

shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). "(H) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of feed grains. The use of feed grains in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(I) As used in this paragraph, the term 'nonprogram crop' means any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. "(2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for feed grains to feed grains or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying— "(I) the number of acres so affected but not to exceed the acreage planted to feed grains for harvest (including any acreage that the producers were prevented from planting to feed grains or other nonconserving crops in lieu of feed grains because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by "(II) 75 percent of the farm program payment yield estab' lished by the Secretary; by "(III) a payment rate equal to 33 V percent of the established b price for the crop. "(ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of feed grains held by the Commodity Credit Corporation. "(B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of feed grains that the producers are able to harvest on any farm is less than the result of multiplying 60 percent of the farm program payment yield established by the Secretary for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 50 percent of the established price for the crop for the deficiency in production below 60 percent for the crop. "(C) Producers on a farm shall not be eligible for— Prohibition, "(i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the feed grain acreage of the producers; or "(ii) reduced yield disaster payments under subparagraph (B), ri if reduced yield crop insurance is available to the producers B under such Act with respect to the feed grain acreage of the producers.

51-194 O - 88 - 10: QL. 3

Part 2

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Page:United States Statutes at Large Volume 99 Part 2.djvu/290

 99 STAT. 1400

!' Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to the producers on a farm under this paragraph if the Secretary determines that— "(I) as the result of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the i producers on a farm have suffered substantial losses of produc. lion either from being prevented from planting feed grains or 'r other nonconserving crops or from reduced yields; ' "(11) such losses have created an economic emergency for the / producers; "(III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal (Government to such producers for such losses are insufficient to alleviate such eco; nomic emergency; and "(IV) additional assistance must be made available to such producers to alleviate such economic emergency, "(ii) The Secretary may make such adjustments in the amount of payments made available under this subparagraph with respect to an individual farm so as to assure the equitable allotment of such payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. "(d)(l)(A) Except for a crop with respect to which there is an acreage limitation program in effect under subsection (f), the Secretary shall proclaim a national program acreage for each of the 1986 through 1990 crops of feed grains. The proclamation shall be made not later than September 30 of each calendar year for the crop harvested in the next succeeding calendar year, except that in the case of the 1986 crop, the proclamation shall be made as soon as practicable after the date of enactment of the Food Security Act of 1985. "(B) The Secretary may revise the national program acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the Secretary determines it necessary based on the latest information. The Secretary shall proclaim such revised national program acreage as soon as it is made. "(C) The national program acreage for feed grains shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment 3rields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. "(D) If the Secretary determines that carryover stocks of feed grains are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage by the quantity the Secretary determines will accomplish the desired increase or decrease in carryover stocks. "(2) The Secretary shall determine a program allocation factor for each crop of feed grains. The allocation factor for feed grains shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop, except that in no event shall the allocation factor for any crop of feed grains be more than 100 percent nor less than 80 percent.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/291

 <' ^•'r?'-Te»'m<r'vs/i^mp^^xwt^m<g:!' i^-^»f^~ -

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1401

"(3)(A) Except as provided in subsection (f)(2), the individual farm program acreage for each crop of feed grains shall be determined by multiplying the allocation factor by the acreage of feed grains planted for harvest on the farms for which individual farm program acreages are required to be determined. "(B) The individual farm program acreage shall not be further Prohibition. reduced by application of the allocation factor if the producers reduce the acreage of feed grains planted for harvest on the farm from the crop acreage base established for the farm under title V by 7 USC 1461. at least the percentage recommended by the Secretary in the proclamation of the national program acreage. "(C) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of feed grains planted for harvest is less than the crop acreage base established for the farm under title V, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. "(D) In establishing the allocation factor for feed grains, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this paragraph. "(e) The farm program payment yields for farms for each crop of feed grains shall be determined under title V. "(f)(l)(A)(i) Notwithstanding any other provision of this Act, except as provided in subparagraphs (B) through (D), if the Secretary determines that the total supply of feed grains, in the absence of an acreage limitation or set-aside program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of feed grains either an acreage limitation program as described in paragraph (2) or a set-aside program as described in paragraph (3). "(ii) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 1231 of the Food Security Act of 1985. Post, p. 1509. "(iii) If the Secretary elects to put either of such programs into effect for any crop year, the Secretary shall announce any such program not later than September 30 prior to the calendar year in which the crop is harvested, except that in the case of the 1986 crop, the Secretary shall announce such program as soon as practicable after the date of enactment of the Food Security Act of 1985. "(iv) Not later than November 15 of the year previous to the year in which the crop is harvested, the Secretary may make adjustments in an announcement made under clause (iii) if the Secretary determines that there has been a significant change in the total supply of feed grains since the program was first announced. "(B) In the case of the 1986 crop of feed grains, if the Secretary estimates, as soon as practicable after the date of enactment of the Food Security Act of 1985, that the quantity of corn on hand in the United States on the first day of the marketing year for that crop (not including any quantity of corn of that crop) will be— "(i) more than 2,000,000,000 bushels, the Secretary shall provide for— "(I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to feed grains for harvest on a farm would be limited to the feed grain s

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Page:United States Statutes at Large Volume 99 Part 2.djvu/292

 99 STAT. 1402

Prohibition.

7 USC 1461.

PUBLIC LAW 99-198—DEC. 23, 1985

crop acreage base for the farm for the crop reduced by not less than 12 Va percent nor more than 17 Va percent; and "(11) a land diversion program (as described in paragraph (5)) with in-kind payments under which the acreage planted to feed grains for harvest on a farm would be limited to the feed grain acreage crop base for the farm for the crop reduced by not less than an amount equivalent to 2^2 percent of the feed grain crop acreage base, in addition to any reduction required under subclause (I); or "(ii) 2,000,000,000 bushels or less, the Secretary may provide for— "(I) an acreage limitation program (as described in paragraph (2)) under which the acreage planted to feed grains for harvest on a farm would be limited to the feed grain crop acreage base for the farm for the crop reduced by not more than 12^2 percent; and "(II) a land diversion program as described in paragraph (5). "(C) In the case of each of the 1987 through 1990 crops of feed grains, if the Secretary estimates, not later than September 30 of the year previous to the year in which the crop is harvested, that the quantity of corn on hand in the United States on the first day of the marketing year for that crop (not including any quantity of corn of that crop) will be— "(i) more than 2,000,000,000 bushels, the Secretary shall provide for an acreage limitation program (as described in paragraph (2)) under which the acreage planted to feed grains for harvest on a farm would be limited to the feed grain crop acreage base for the farm for the crop reduced by not less than 12 y2 percent nor more than 20 percent; or "(ii) 2,000,000,000 bushels or less, the Secretary may provide for such an acreage limitation program under which the acre' age planted to feed grains for harvest on a farm would be limited to the feed grain crop acreage base for the farm for the crop reduced by not more than 12y2 percent. "(D) As a condition of eligibility for loans, purchases, and payments for any such crop of feed grains, except as provided in subsection (g), the producers on a farm must comply with the terms and conditions of the acreage limitation program and, if applicable, the land diversion program, as provided in paragraph (IXBXiXD"(2)(A) If a feed grain acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction to the feed grain crop acreage base for the crop for each feed grain-producing farm. "(B) Except as provided in subsection (g), producers who knowingly produce feed grains in excess of the permitted feed grain acreage for the farm shall be ineligible for feed grain loans, purchases, and payments with respect to that farm. "(C) The Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for feed grain loans, purchases, and pa3nnents to comply with any acreage limitation under this paragraph if such producer has previously produced a malting variety of barley for harvest, plants barley only of an acceptable malting variety for harvest, and meets such other conditions as the Secretary may prescribe. "(D) Feed grain crop acreage bases for each crop of feed grains shall be determined under title V.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/293

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1403

"(E)(i) A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by dividing— "(I) the product obtained by multiplying the number of acres required to be withdrawn from the production of feed grains times the number of acres planted to such commodity; by "(II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. "(ii) The number of acres so determined is hereafter in this subsection referred to as 'reduced acreage'. "(F) If an acreage limitation program is announced under paragraph (1) for a crop of feed grains, subsection (d) shall not be applicable to such crop, including any prior announcement that may have been made under such subsection with respect to such crop. Except as otherwise provided in subsection (c)(DOB), the individual farm program acreage shall be the acreage planted on the farm to feed grains for harvest within the permitted feed grain acreage for the farm as established under this paragraph. "(3)(A) If a set-aside program is announced under paragraph (1), as a condition of eligibility for loans, purchases, and payments for feed grains authorized by this Act (except as provided in subsection (g)), the producers on a farm must— "(i) set aside and devote to conservation uses an acreage of cropland equal to a specified percentage, as determined by the Secretary, of the acreage of feed grains planted for harvest for the crop for which the set-aside is in effect; and "(ii) otherwise comply with the terms of such program. "(B) The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. "(C) If a set-aside program is established, the Secretary may limit the acreage plsmted to feed grains. Such limitation shall be applied on a uniform basis to all feed grain-producing farms. "(D) The Secretary may make such adjustments in individual setaside acreages under this section as the Secretary determines necessary— "(i) to correct for abnormal factors affecting production; and "(ii) to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, topography, and such other factors as the Secretary determines necessary. "(4)(A) The regulations issued by the Secretary under paragraphs (2) and (3) with respect to acreage required to be devoted to conservation uses shall assure protection of such acreage from weeds and wind and water erosion. "(B) Subject to subparagraph (C), the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, hay and grazing, or the production of g^uar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support progrsun, and will not affect farm income adversely. "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the

Conservation. Regulations.

Prohibition.

Conservation.

Conservation. Regulations.

Regulations. Conservation.

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