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Page:United States Statutes at Large Volume 91.djvu/941

 PUBLIC LAW 95-111—SEPT. 21, 1977 and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 842. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress. SEC. 843. No funds appropriated in this Act shall be available to pay claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence. SEC. 844. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient has been referred to such counselor by a medical doctor for treatment of a specific problem with results of that treatment to be communicated back to the physician who made such referral; (b) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; or (e) reconstructive surgery justified solely on psychiatric needs including, but not limited to, mammary augmentation, face lifts, and sex gender changes; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the seventy-fifth percentile of the customary charges made for similar services in the same locality where the medical care was furnished; or (g) any service or supply which is not medically or psychologically necessary to diagnose and treat a mental or physical illness, injury, or bodily malfunction as diagnosed by a physician, dentist, or a clinical psychologist, as appropriate, except as authorized by section 1079(a)(4) of Title 10, United States Code. SEC. 845. Funds appropriated in this Act shall be available for the appointment, pay, and support of persons appointed as cadets and midshipmen in the two-year Senior Reserve Officers' Training Corps course in excess of the 20 percent limitation on such persons imposed by section 2107(a) of title 10, United States Code, but not to exceed 60 percent of total authorized scholarships. SEC. 846. None of the funds appropriated in this Act shall be available for the operation and support of more than four Naval districts as established by sections 5221 and 5222, title 10, United States Code, after June 30, 1977. SEC. 847. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more

91 STAT. 907

Funds, reprogramming.

Health program, limitations.

Unused accrued leave.

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Page:United States Statutes at Large Volume 91.djvu/942

 91 STAT. 908

Claim payments. Report to Congress.

Enlisted aides, limitation. Public affairs activities.

22 USC 2777. 22 USC 2761. Base operating support functions.

Medical care.

PUBLIC LAW 95-111—SEPT. 21, 1977 than sixty days of such leave, less the number of days for which payment was previously made under section 501 after February 9, 1976. SEC. 848. None of the funds appropriated in this Act may be used to pay any claim over $5,000,000 against the United States, unless such claim has been thoroughly examined and evaluated by officials of the Department of Defense responsible for determining such claims and a report is made to the Congress as to the validity of these claims. SEC. 849. None of the funds appropriated by this Act may be used to support more than 300 enlisted aides for officers in the United States Armed Forces. SEC. 850. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $25,000,000. SEC. 851. None of the funds provided in this Act shall be available for the planning or execution of programs which utilize amounts credited, during the current fiscal year, to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the A r m s E x p o r t Control Act representing payment for the actual value of defense articles specified in section 2 1 (a)(1) of that Act: Provided, That such amounts so credited shall be deposited in the Treasury as miscellaneous receipts as provided in 31 U.S.C. 484. SEC. 852. (a) None of the funds appropriated by this Act may be used to (1) convert base operating support functions, excluding real property maintenance and repair, to commercial contract during the period October 1, 1977, through September 30, 1978, or (2) to fund continued performance during fiscal year 1978 of base operating support contracts, excluding real property maintenance and repair, awarded between the date of enactment of this Act and September 30, 1977, which convert base operating support activities performed by employees of the Government of the United States to commercial contract. (b) None of the funds appropriated by this Act may be obligated for commercial contracts to be physically performed at an installation or facility including leased facilities for the following types of work: (1) weapons system engineering and logistical s u p p o r t; (2) ship, aircraft, missile, automotive and tracked vehicle intermediate level maintenance or depot maintenance; or (3) research, development, test, and evaluation, if the work to be physically performed at an installation or facility during fiscal year 1978 by commercial contracts would result in a reduction of employees of the Government of the United States at that installation or facility. SEC. 853. None of the funds appropriated by this Act or available in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designated post of duty, or in the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when adequate government quarters are available, but are not occupied by svich person. SEC. 854. During the current fiscal year, for the purpose of conducting a test to evaluate a capitation approach to providing medical care and to that end for the purpose of providing adequate funds in Department of Defense Medical Regions 1 and 9 for medical care, including the expenses of the Civilian Health and Medical Program of the TTniformed Services, funds available to the Department of Defense in the appropriation "Operation and Maintenance, Defense Agencies" for expenses of the Civilian Health and Medical Program of the

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Page:United States Statutes at Large Volume 91.djvu/943

 PUBLIC LAW 95-111—SEPT. 21, 1977 Uniformed Services may be transferred to appropriations available to the military departments for operation and maintenance, and funds available to the military departments for operation and maintenance may be transferred between such appropriations: Provided, That funds transferred pursuant to this authority shall be merged with and made available for the same purpose as the appropriation to which transferred: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority: Provided further, That transfer authority provided herein shall be in addition to that provided in section 833 of this Act. SEC. 855. Effective October 1, 1977, no appropriation contained in this Act shall be available to fund any costs of a Senior Reserve Officers' Training Corps unit—except to complete training of personnel enrolled in Military Science 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1977, enrolled less than (a) seventeen students where the institution prescribes a four-year or a combination four- and two-year program; or (b) twelve students where the institution prescribes a two-year program: Provided, That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers' Training Corps unit in each State and at each State-operated maritime academy: Provided further, That units under the consortium system shall be considered as a single unit for purposes of evaluation of productivity under this provision. SEC. 856. (a) None of the funds appropriated by this Act shall be available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, if the provisions of section 6330 (d) of title 10, are utilized in determining such member's eligibility for retirement under section 6330(b) of title 10: Provided, That notwithstanding the foregoing, time creditable as active service for a completed minority enlistment, and an enlistment terminated within three months before the end of the term of enlistment under section 6330(d) of title 10, prior to December 31, 1977, may be utilized in determining eligibility for retirement. (b) None of the funds appropriated by this Act shall be available to pay that portion of the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, which is attributable under section 6330(d) of title 10 to time which, after December 31, 1977, is not actually served by such member. SEC. 857. None of the funds appropriated in this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year. SEC. 858. None of the funds appropriated in this Act may be used for the consolidation or realignment of advanced undergraduate pilot training squadrons of the Navy as currently proposed by the Department of Defense. SEC. 859. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency.

91 STAT. 909

Transfers, notice to Congress.

Senior ROTC unit, limitation. Effective date.

Enlisted members, transfer; retainer pay. ^

CIA programs, fiscal year limitation. Pilot training squadrons.

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Page:United States Statutes at Large Volume 91.djvu/944

 91 STAT. 910

PUBLIC LAW 95-111—SEPT. 21, 1977 SEC. 860. The appropriation, "Shipbuilding and Conversion, Navy", which would expire for obligation on September 30, 1977, shall remain available for obligation until September 30, 1979. SEC. 861. None of the funds appropriated in this Act may be used to support more than 10,201 full-time and 2,603 part-time military personnel assigned to or used in the support of Morale, Welfare and Eecreation activities as described in Department of Defense Instruction 7000.12 and its enclosures, dated July 17, 1974. TITLE IX E E L A T E D AGENCIES INTELLIGENCE COMMUNITY STAFF

For necessary expenses for the Intelligence Community Staff, $8,950,000. PAYMENT TO THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND

For payment to the Central Intelligence-Agency Eetirement and Disability Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Eetirement and Disability System, $35,100,000. OFFICE OF FEDERAL PROCUREMENT POLICY

Short title.

For expenses of the Office of Federal Procurement Policy, $1,000,000: Provided, That upon enactment of this Act, this amount shall be transferred to and merged with appropriations provided under the same head in the Treasury, Postal Service and General Government Appropriations Act, 1978. This Act may be cited as the "Department of Defense Appropriation Act, 1978". Approved September 21, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-451 (Comm. on Appropriations) and No. 95-565 (Comm. of Conference). SENATE REPORT No. 95-325 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 24, 28, 30, considered and passed House. July 18, 19, considered and passed Senate, amended. Sept. 8, House agreed to conference report; receded and concurred in Senate amendments with amendments. Sept. 9, Senate agreed to conference report and concurred in House amendments.

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Page:United States Statutes at Large Volume 91.djvu/945

 PUBLIC LAW 95-112—SEPT. 24, 1977

91 STAT. 911

Public Law 95^112 95th Congress An Act To extend certain programs under the Elementary and Secondary Education Act of 1965 for one year, and for other purposes.

sept. 24, 1977 [S. 1752]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,^ That this Act may Education be cited as the "Education Amendments of 1977". Amendments of 1977. EXTEN8IOX OF CERTAIN PROGRAMS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 19 6 5

SEC. 2. (a)(1) Section 102 of the Elementary and Secondary Education Act of 1965 (hereinafter in this section referred to as the "Act") is amended by striking out "September 30, 1978" and inserting in lieu thereof "September 30, 1979". (2) Section 125 of the Act is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1979". (3) Section 148(c) of the Act is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1979". (b)(1) Section 201(b) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "for each succeeding fiscal year ending prior to October 1, 1979". (2) Section 204(b) of the Act is amended by striking out "July 1, 1978" and inserting in lieu thereof "October 1, 1979". (c)(1)(A) Section 301(b) of the Act is amended b;^ striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "for each succeeding fiscal year ending prior to October 1, 1979". (B) The second sentence of such section 301(b) is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "for each succeeding fiscal year ending prior to October 1, 1979". (2) Section 305(c) of the Act is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1979". (3) Section 309(c) of the Act is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1979". (d)(1) Section 401(a)(1) of the Act is amended by striking out "each of the two succeeding fiscal years" and inserting in lieu thereof "each succeeding year ending prior to October 1, 1979". (2) Section 401(b)(1) of the Act is amended by striking out "each of the two succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979". (3) Section 401(d) of the Act is amended by striking out "the fiscal year ending September 30, 1978" and inserting in lieu thereof "each fiscal year ending prior to October 1, 1979". (e)(1) Section 501(b) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979". (2) Section 521(b) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979". (3) Section 531(b) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979".

29-194 0

°'^*^'

20 USC 241b. 20 USC 241c-5. 20 USC 241/. 20 USC 821. 20 USC 824. 20 USC 841.

20 USC 844a. 20 USC 847a. 20 USC 1801.

20 USC 861. 20 USC 866. 20 USC 867.

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Page:United States Statutes at Large Volume 91.djvu/946

 91 STAT. 912 20 USC 868.

Ante, p. 911. 20 USC 887. 20 USC 887a. 20 USC 887d.

PUBLIC LAW 95-112—SEPT. 24, 1977 (4) Section 541 of the Act is amended by inserting the following new subsection: "(c)(1) Notwithstanding any other provision of law the National Council established by subsection (a) of this section shall continue to exist until October 1, 1979. "(2) Notwithstanding the provisions of section 401(b) there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (a) of this section.". (f)(1) Section 807(c) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979". (2) Section 808(d) of the Act is amended by striking out "each of the five succeeding fiscal years" and inserting in lieu thereof "each succeeding fiscal year ending prior to October 1, 1979". (3) Section 811(d) of the Act is amended by striking out "July 1, 1978" and inserting in lieu thereof "October 1, 1979". EXTENSION or ADULT EDUCATION ACT

20 USC 1208a. 20 USC 1209. 20 USC 1211.

20 USC 1211a.

SEC. 3. (a)(1) Section 310(b) of the Adult Education Act is amended by striking out "1978" and inserting in lieu thereof "1979". (2) Section 311(b) of such Act is amended by striking out "1978" and inserting in lieu thereof "1979". (b) Section 313(a) of such Act is amended by striking out "for each of the fiscal years ending June 30, 1977, and June 30, 1978" and inserting in lieu thereof "for the fiscal year ending September 30, 1977, and for each of the succeeding fiscal years ending prior to October 1 1979". (c) Section 3i4(d) of such Act is amended by striking out "July 1, 1978" and inserting in lieu thereof "October 1, 1979". EXTENSION

20 USC 441.

OF TITLE III OF THE NATIONAL DEFENSE EDUCATION OF 1958

ACT

SEC. 4, The first sentence of section 301 of the National Defense Education Act of 1958 is amended by striking out "September 30, 1978" and inserting in lieu thereof "September 30, 1979". EXTENSION o r APPROPRIATIONS PROVISION

20 USC 1225.

SEC. 5. Section 412(b) of the General Education Provisions Act is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1979". Approved September 24, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-392 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 7, considered and passed Senate. Sept. 12, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/947

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 913

Public Law 95-113 95th Congress An Act To provide price and income protection for farmers and assure consumers of an abundance of food and liber at reasonable prices, and for other purposes.

Sent 2Q 1977 r ' ' [S. 275]

Be it enacted by the Senate a)id House of Representatives of the United States of Ainerlca in Congress assembled, That this Act, with Food and the following t a b l e o f c o n t e n t s, may be c i t e d a s the " F o o d and A g r i c i i l - Agriculture Act tureAct ofl977". fif^/ioPi, TABLE OF C O N T E N T S

^ ^ ^ ^ ^281 note.

TITLE I—PAYMENT LIMITATION FOR WHEAT, FEED GRAINS, UPLAND COTTON, AND RICE Sec. 101. Sec. 102. See. 103. Sec. 104.

Payment limitation. Family farms. Study on prohibiting payments to certain legal entities. Conforming amendment. TITLE II—DAIRY AND BEEKEEPER PROGRAMS

Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207.

Dairy base plans. Producer handlers. Milk price support. Transfer of dairy products to the military and veterans hospitals. Dairy indemnity program. Standard of quality for ice cream. Beekeeper indemnity program. t TITLE III—WOOL AND MOHAIR

Sec. 301. Declaration of policy. See. 302. Extension of Act; support price.

TITLE IV-^WHEAT Sec. 401. Loan rates and target prices for the 1977 through 1981 crops. Sec. 402. Program acreages and payment yields; set-aside program. Sec. 403. Nonapplicability of certificate requirements. Sec. 404. Suspension of marketing quotas and producer certificate provisions. Sec. 405. Finality of determinations. Sec. 406. Suspension of quota provisions. Sec. 407. Application of terms in the Agricultural Act of 1949. Sec. 408. Commodity Credit Corporation sales price restrictions for wheat and feed grains. Sec. 409. Nonapplicability of section 107 of the Agricultural Act of 1949 to the 1977 through 1981 crops of wheat. Sec. 410. Nonapplicability of section 107 of the Agricultural Act of 1949, a s amended, to the 1977 crop of wheat. TITLE V—FEED GRAINS Sec. 501. Loan rates and target prices for the 1977 through 1981 crops. Sec. 502. Program acreages and payment yields; set-aside program. Sec. 503. Nonapplicability of section 105 of the Agricultural Act of 1949 to the 1977 through 1981 crops of feed grains. Sec. 504. Nonapplicability of section 105 of the Agricultural Act of 1949, as amended, to the 1977 crop of feed grains. TITLE VI—UPLAND COTTON Sec. 601. Base acreage allotments; suspension of marketing quotas, and related provisions. Sec. 602. Cotton production incentives; loan r a t e and target price; set-aside program.

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Page:United States Statutes at Large Volume 91.djvu/948

 91 STAT. 914

PUBLIC LAW 95-113—SEPT. 29, 1977 TABLE OF CONTENTS—Continued TITLE VI—UPLAND COTTON—Continued Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607.

Commodity Credit Corporation sales price restrictions. Miscellaneous cotton provisions. Skiprow practices. Preliminary allotments for 1982 crop of upland cotton. Extra long staple cotton. TITLE VII—BICE

Sec. 701. Sec. 702. Sec. 703. Sec. 704. Sec. 705.

National acreage allotment and allocation. Loan rates, target prices, and set-aside for the 1978 through 1981 crops. Suspension of marketing quotas and other provisions. Definition of cooperator. Conforming amendment. TITLE VIII—PEANUTS

Sec. 801. Annual marketing quota and State acreage allotment. Sec. 802. National acreage allotment; national poundage quota; farm poundage quota; and definitions. Sec. 803. Sale, lease, and transfer of acreage allotments. Sec. 804. Marketing penalties; disposition of additional peanuts. Sec. 805. Reports and records. Sec. 806. Preservation of unused allotments. Sec. 807. Price support program. TITLE IX—SOYBEANS AND SUGAR Sec. 901. Soybean price support. Sec. 902. Sugar price support. TITLE X—MISCELLANEOUS Sec. Sec. Sec. Sec. Sec. Sec.

1001. 1002. 1003. 1004. 1005. 1006.

Set-aside of normally planted acreage. American agriculture protection program. Budget amendment. Special grazing and hay program. Daily release of reports of export sales of agricultural commodities. Filberts. TITLE XI—GRAIN RESERVES

Sec. Sec. Sec. Sec. Sec.

1101. Producer storage program for wheat and feed grains. 1102. International emergency food reserve. 1103. Disaster reserve. 1104. Farm storage facility loans. 1105. Emergency feed program, TITLE XII—PUBLIC LAW 480

Sec. 1201. Authority for the Commodity Credit Corporation to act as purchasing or shipping agent under title I. Sec. 1202. Title I sales procedures. Sec. 1203. Increased appropriation limit for title II. Sec. 1204. Availability of commodities. Sec. 1205. Financing the sale of food and fiber commodities. Sec. 1206. Valuation of commodities acquired through price support programs. Sec. 1207. Revised regulations governing operations; bagged commodities. Sec. 1208. Extension of the program. Sec. 1209. Use of nonprice-supported commodities under Public Law 480. Sec. 1210. Special task force on the operation of Public Lave 480. TITLE XIII—FOOD STAMP AND COMMODITY DISTRIBUTION PROGRAMS Sec. Sec. Sec. Sec.

1301. 1302. 1303. 1304.

Food Stamp Act of 1964 amendments. Conforming amendments. Implementation of the Food Stamp Act of 1977. Commodity distribution programs.

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Page:United States Statutes at Large Volume 91.djvu/949

 PUBLIC LAW 95-113—SEPT. 29, 1977 T A B L E OF C O N T E N T S — C o n t i n u e d

TITLE XIV—NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT OF 1977 Sec. 1401. Short title. SUBTITLE A—FINDINGS, PURPOSKS, AND DEFINITIONS

Sec. 1402. Findings. Sec. 1403. Purposes. Sec. 1404. Definitions. SUBTITLE B—COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1405. Responsibilities of the Secretary and Department of Agriculture. 1406. Federal Subcommittee on Food and Renewable Resources. 1407. Joint Council on Food and Agricultural Sciences. 1408. National Agricultural Research and Extension Users Advisory Board. 1409. Existing research programs. 1410. Secretary's report. 1411. Libraries and information network. 1412. Support for the Joint Council and Advisory Board. 1413. General provisions. SUBTITLE C—AGRICULTURAL RESEARCH AND EDUCATION GRANTS AND FELLOWSHIPS

Sec. 1414. Program of competitive, special, and facilities grants for agricultural research. Sec. 1415. Grants to establish or expand schools of veterinary medicine. Sec. 1416. Amendments to the Research Facilities Act of 1963. Sec. 1417. Grants and fellowships for food and agricultural sciences education. Sec. 1418. National agricultural research award. Sec. 1419. Grants for research on the production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products, and agricultural chemicals and other products from coal derivatives. Sec. 1420. Pilot projects for the production and marketing of industrial hydrocarbons and alcohols from agricultural commodities and forest products. Si'BTJTLE D—NATIONAL FOOD AND H U M A N NUTRITION RESEARCH AND EXTENSION PROGRAM

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1421. Findings and declarations. 1422. Duties of the Secretary of Agriculture. 1423. Research by the Department of Agriculture. 1424. Study. 1425. Nutrition education program. 1426. Nutrition education materials. 1427. Report to Congress. 1428. Nutritional status monitoring. SUBTITLE E — A N I M A L HEALTH AND DISEASE RESEABOH

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1429. Purpose. 1430. Definitions. 1431. Authorization to the Secretary of Agriculture. 1432. Animal Health Science Research Advisory Board. 1433. Appropriations for continuing animal health and disease research programs. 1434. Appropriations for research on national or regional problems. 1435. Availability of appropriated funds. 1436. Withholding of appropriated funds. 1437. Requirements for use of funds. 1438. Matching funds. 1439. Allocations under this subtitle not substitutions.

91 STAT. 915

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Page:United States Statutes at Large Volume 91.djvu/950

 91 STAT. 916

PUBLIC LAW 95-113—SEPT. 29, 1977 T A B L E OF C O N T E N T S — C o n t i n u e d

TITLE XIV—NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT OF 1977—Continued SUBTITLE F — S M A L L FARM RESEARCH AND EXTENSION

Sec. Sec. Sec. Sec.

1440. Small farm research and extension programs. 1441. Program moneys. 1442. Definition of small farmer. 1443. Reports.

SUBTITLE G—1890 LAND-GRANT COLLEGE FUNDING

Sec. 1444. Extension a t 1890 land-grant colleges, including Tuskegee Institute. Sec. 1445. Agricultural research a t 1890 land-grant colleges, including Tuskegee Institute. SUBTITLE H—SOLAR ENERGY RESEARCH AND DEVELOPMENT PART 1—EXISTING PROGRAMS

Sec. 1446. Agricultural research. Sec. 1447. Agricultural extension. Sec. 1448. Rural development.

.

.

PART 2—COMPETITIVE GRANTS PROGRAM

Sec. 1449. Competitive grants program. PART 3—INFORMATION SYSTEM AND ADVISORY

COMMITTEE

Sec. 1450. Solar energy research information system. Sec. 1451. Advisory Committee. PART 4

MODEL FARMS AND DEMONSTRATON PROJECTS

Sec. 1452. Model farms. Sec. 1453. Demonstration projects. Sec. 1454. Authorization for appropriations. PART 5—REGIONAL SOLAR ENERGY RESEARCH AND DEVELOPMENT CENTERS

Sec. 1455. Regional solar energy research and development centers. PART 6—APPROPRIATIONS AND DEFINITIONS

Sec. 1456. Authorization for appropriations. Sec. 1457. Definitions.

/

SUBTITLE I—INTERNATIONAL AGRICULTURAL RESEARCH AND EXTENSION

Sec. 1458. International agricultural research and extension. SUBTITLE

J—STUDIES

Sec. 1459. Evaluation of the Extension Service and the Cooperative Extension Services. Sec. 1460. "Weather and water allocation study. Sec. 1461. Organic farming study. See. 1462. Agricultural research facilities study. SUBTITLE K-—FUNDING AND MISCELLANEOUS

PROVISIONS

V.

Sec. 1463. Authorization for appropriations for existing and certain new agricultural research programs. Sec. 1464. Authorization for appropriations for extension education. Sec. 1465. Extension programs for Guam and the Virgin Islands of the United States. Sec. 1466. Amendments to the Hatch Act. Sec. 1467. Payment of funds. Sec. 1468. Withholding of funds. Sec. 1469. Auditing, reporting, bookkeeping, and administrative requirements. Sec. 1470. Rules and regulations. TITLE XV—RURAL DEVELOPMENT AND CONSERVATION Sec. 1501. Agricultural conservation program. Sec. 1502. Inclusion of aquaculture and human nutrition among the basic functions of the Department of Agriculture.

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Page:United States Statutes at Large Volume 91.djvu/951

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 917

TABLE or CONTENTS—Continued TITLE XV—RURAL DEVELOPMENT AND CONSERVATION—Continued Sec. See. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1503. Aquaculture loan authority. 1504. Disposition of excess Federal property to rural fire forces. 1505. Rural community fire protection program. 1506. Congressional approval of watershed protection and flood prevention projects. 1507. Congressional approval of resource conservation and development project loans. 1508. Watershed loan authority. 1509. Multiyear set-aside. 1510. Authority to make deferred loan payments. 1511. Critical lands resource conservation program. TITLE XVI—FEDERAL GRAIN INSPECTION

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1601. Records. 1602. Supervision fees. 1603. Establishment of temporary advisory committee. 1604. Technical amendments. 1605. Studies of grain inspection and weighing; effective date. 1606. Miscellaneous amendments. 1607. Conforming amendments. 1608. Retention of designations following convictions. TITLE XVII—WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION ACT

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1701. Short title. 1702. Findings and declaration of policy. 1703. Definitions. 1704. Issuance of orders. 1705. Permissive terms in orders. 1706. Required terms in orders. 1707. Exemption. 1708. Requirement of referendum. 1709. Refund. 1710. Petition and review. 1711. Enforcement. 1712. Suspension and termination of orders. 1713. Investigations: power to subpena and take oaths and aflSrmations: aid of courts. 1714. Certification of organizations. 1715. Effect on other programs. 1716. Regulations. 1717. Provisions applicable to amendments. 1718. Separability. 1719. Authorization.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE XVIII—DEPARTMENT OF AGRICULTURE ADVISORY COMMITTEES 1801. Purposes. 1802. Definitions. 1803. Establishment of advisory committees. 1804. Additional duties of the Secretary. 1805. Membership on advisory committees. 1806. Advisory committee charter requirements—operating costs. 1807. Annual report. 1808. Budget prohibitions. 1809. Termination of advisory committees. TITLE XIX—EFFECTIVE DATE

Ses. 1901. Effective date.

TITLE I—PAYMENT LIMITATION FOR WHEAT, F E E D GRAINS, UPLAND COTTON, AND RICE PAYMENT

LIMITATION

SEC. 101. Notwithstanding any other provision of law— ^ USC 1308. (1) The total amount of payments which a person shall be entitled to receive under—

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 91 STAT. 918

PUBLIC LAW 95-113—SEPT. 29, 1977

(A) one or more of the annual programs established under the 7 USC 1421 note. Agricultural Act of 1949, as amended, and the Agricultural 7 USC 1281. Adjustment Act of 1938, as amended, for wheat, feed grains, and upland cotton shall not exceed $40,000 for the 1978 crop and $45,000 for the 1979 crop; (B) the annual rice program established under such Acts shall not exceed $52,250 for the 1978 crop and $50,000 for the 1979 crop; and (C) one or more of the annual programs established under such Acts for wheat, feed grains, upland cotton, and rice shall not exceed $50,000 for each of the 1980 and 1981 crops. "Payments." (2) The term "payments" as used in this section shall not include loans or purchases, or any part of any payment which is determined by the Secretary of Agriculture to represent compensation for disaster loss or resource adjustment (excluding land diversion payments) or public access for recreation. (3) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. "Person." (4) The Secretary shall issue regulations defining the term "person" Rules and and prescribing such rules as the Secretary determines necessary to regulations. assure a fair and reasonable application of such limitation: Provided. That the provisions of this section which limit payments to any person shall not be apiJlicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by tho. Secretary on December 18, Post, p. 919. 1970, under section 101 of the Agricultural Act of 1970. FAMILY FARMS

7 USC 2266.

SEC. 102. (a) Congress hereby specifically reaffirms the historical policy of the United States to foster and encourage the family farm system of agriculture in this country. Congress firmly believes that the maintenance of the family farm system of agriculture is essential to the social well-being of the Nation and the competitive production of adequate supplies of food and fiber. Congress further believes that any significant expansion of nonfamily owned large-scale corporate farming enterprises will be detrimental to the national welfare. I t is neither the policy nor the intent of Congress that agriciiltural and agriculture-related programs be administered exclusively for family farm operations, but it is the policy and the express intent of Congress that no such program be administered in a manner that will place the family f^rm operation at an unfair economic disadvantage. Annual report to (b) In order that Congress may be better informed regarding the Congress. status of the family farm system of agriculture in the United States, Contents. the Secretary of Agriculture shall submit to Congress, not later than July 1 of each year, a written report containing current information on trends in family farm operations and comprehensive national and State-by-State data on nonfamily farm operations in the United States. The Secretary shall also include in each such report (1) information on how existing agricultural and agriculture-related programs

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Page:United States Statutes at Large Volume 91.djvu/953

 91 STAT. 919

PUBLIC LAW 95-113—SEPT. 29, 1977 are being administered to enhance and strengthen the family farm system of agriculture in the United States, (2) an assessment of how Federal laws may encourage the growth of nonfamily farm operations, and (3) such other information as the Secretary deems appropriate or determines would aid Congress in protecting, preserving, and strengthening the family farm system of agriculture in the United States. STUDY

ON PROHIBITING

PAYMENTS

TO CERTAIN

LEGAL

ENTITIES

SEC. 103. I n furtherance of the policy stated in section 102 of this Act, the Secretary of Agriculture shall conduct a study and report to Congress no later than January 1, 1979, on the impact on participation in the wheat, feed grain, cotton, and rice programs and the production of such commodities in carrying out a statutory provision such as that included in the Food and Agriculture Act of 1977, as passed by the Senate on May 24, 1977, prohibiting the making of payments to certain corporations and other entities under such programs. The study shall. in addition, assess the impact of extending the prohibition against making commodity program payments to tenants on land owned by such corporations and other entities which would be excluded from payments under such a provision. The study shall utilize, to the greatest extent possible, the information on commodity program payments compiled by the Agricultural Stabilization and Conservation Service in determining payment eligibility under section 101 of the Agricultural Act of 1970, as amended, and section 101 of this Act. The Secretary may collect such other information as may be necessary to determine the impact of such a statutory provision and to identify the number and characteristics of producers that would be affected by such a provision. CONFORMING

Report to Congress. 7 USC 2266 note.

Infra.

AMENDMENT

SEC. 104. Section 101(1) of the Agricultural Act of 1970, as amended, Payments, limitation. is amended to read as follows: " (1) The total amount of payments which a person shall be entitled 7 USC 1307. to receive under one or more of the annual programs established by titles IV, y, and VI of this Act for the 1974 through 1976 crops of the commodities and by titles IV and V of the Food and Agriculture Act of 1977 and titles IV, V, and VI of this Act for the 1977 crop of the commodities shall not exceed $20,000.". TITLE II—DAIRY AND B E E K E E P E E

PROGRAMS

DAIRY BASE PLANS

SEC. 201. Section 201(e) of the Agricultural Act of 1970, as amended, is amended to read as follows: " (e) The provisions of this section shall not be effective after December 31, 1981, except with respect to orders providing for class I base plans issued prior to such date, but in no event shall any order so issued extend or be effective beyond December 31, 1984.".

7 USC 608c note,

i

PRODUCER HANDLERS

SEC. 202. The legal status of producer handlers of milk under the 7 USC 608c note, provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, shall be the same subsequent to the adoption of the amend- 7 USC 601 note, ment made by the Food and Agriculture Act of 1977 as it was prior thereto.

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Page:United States Statutes at Large Volume 91.djvu/954

 91 STAT. 920

PUBLIC LAW 95-113—SEPT. 29, 1977 M I L K PRICE SUPPORT

7 USC 1446. Post, p. 949.

Adjustments.

Announcement.

SEC. 203. Section 201 of the Agricultural Act of 1949, as amended, is amended by— (1) striking out the second sentence in subsection (c) and inserting in lieu thereof a new sentence as follows: "Notwithstanding the foregoing, effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1979, the price of milk shall be supported at not less than 80 per centum of the parity price therefor."; and (2) adding at the end thereof a new subsection (d) as follows: "(d) Effective for the period beginning on the effective date of the Food and Agriculture Act of 1977 and ending March 31, 1981, the support price of milk shall be adjusted by the Secretary at the beginning of each semiannual period after the beginning of the marketing year to reflect any estimated change in the parity index during such semiannual period. The Secretary is authorized to adjust the support price of milk at the beginning of each remaining quarter in the marketing year to reflect any substantial change in the parity index during such quarterly period. Any adjustment under this subsection shall be announced by the Secretary not more than thirty days prior to the beginning of the period to which it is applicable.". TRANSFER OP DAIRY PRODUCTS TO THE MILITARY AND VETERANS HOSPITALS

7 USC 1446a.

SEC. 204. Section 202 of the Agricultural Act of 1949, as amended, is amended by striking out "1977" in subsections (a) and (b) and inserting in lieu thereof "1981". DAIRY I N D E M N I T Y PROGRAM

7 USC 450j. V >

7 USC 450/.

SEC. 205. The Act of August 13, 1968 (82 Stat. 750, as amended; 7 U.S.C. 450 j, k, and 1), is amended by— (1) inserting after the first sentence a new sentence as follows: "The Secretary is also authorized to make indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer: Provided, That no indemnity payment may be made for contamination resulting from such residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer."; and (2) striking out "June 30, 1977" in section 3 and inserting in lieu thereof "September 30, 1981". STANDARD OF QUALITY FOR ICE CREAM

Regulation. 7 USC 1622.

SEC. 206. Section 203(c) of the Agricultural Marketing Act of 1946 is amended by adding at the end thereof the following: "Within thirty days after the enactment of the Food and Agriculture Act of 1977, the Secretary shall by regulation adopt a standard of quality for ice cream which shall provide that ice cream shall contain at least 1.6 pounds of

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 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 921

total solids to the gallon, weigh not less than 4.5 pounds to the gallon and contain not less than 20 percent total milk solids, constituted of not less than 10 percent milkfat. In no case shall the content of milk solids not fat be less than 6 percent. Whey shall not, by weight, be more than 25 percent of the milk solids not fat. Only those products which meet the standard issued by the Secretary may bear a symbol thereon indicating that they meet the Department of Agriculture standard for 'ice cream'.". BEEKEEPER I N D E M N I T Y

PROGRAM

SEC. 207. Section 804(f) of the Agricultural Act of 1970, as amended, 7 USC 135b note. is amended by striking out "December 31, 1977" and inserting in lieu thereof "September 30, 1981". TITLE III—WOOL AND MOHAIR ,

DECLARATIOX OF POLICY

SEC. 301. Section 702 of the National Wool Act of 1954, as amended, 7 USC 1781. is amended to read as follows: "SEC. 702. It is hereby recognized that wool is an essential, strategic, and energy-efficient commodity which is not produced in the United States in sufficient quantities and grades to meet the domestic needs; and that the desired domestic production of wool is impaired by predatory animals and by the depressing effects of wide fluctuations in the price of wool in the world markets. It is hereby declared to be the policy of Congress, as a measure of national security and to promote the general economic welfare, a positive balance of trade, and the efficient use of the Nation's resources, to encourage the continued domestic production of wool at prices fair to both producers and consumers in a manner which will assure a viable domestic wool industry in the future.". EXTENSION o r

ACT;

SUPPORT

PRICE

SEC. 302. Section 703 of the National Wool Act of 1954, as amended, 7 USC 1782. is amended by— (1) striking out "1977" in subsection (a) and inserting in lieu thereof "1981"; (2) striking out "1977" in subsection (b) and inserting in lieu thereof "1976"; (3) inserting immediately before the period at the end of subsection (b) a new proviso as follows: ": Provided further, That for the marketing years beginning January 1, 1977, and ending December 31, 1981, the support price for shorn wool shall be 85 per centum (rounded to the nearest full cent) of the amount calculated according to the foregoing formula"; and (4) striking out "1977" in subsection (c) and inserting in lieu thereof "1976". TITLE IV—WHEAT LOAN R A T E S A N D TARGET PRICES FOR THE 19 77 THROUGH 1981 CROPS

SEC. 401. Effective only for the 1977 through 1981 crops of wheat, the Agricultural Act of 1949, as amended, is amended to add subsections (a) through (c) to new section 107A as follows: 7 USC 1445b. "SEC. 107A. Notwithstanding any other provision of law—

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Page:United States Statutes at Large Volume 91.djvu/956

 91 STAT. 922 Loans and purchases.

Reduction.

Payments. Computation.

Established prices.

PUBLIC LAW 95-113—SEPT. 29, 1977 "(a) The Secretary shall make available to producers loans and purchases at such level, not less than $2.25 per bushel for the 1977 crop of wheat and $2.35 per bushel for each of the 1978 through 1981 crops of wheat, nor, in the case of each of the 1977 through 1981 crops, in excess of 100 per centum of parity, as the Secretary determines will maintain its competitive relationship to other grains in domestic and export markets: Provided, That if the Secretary determines that the average price of wheat received by producers in any marketing year is not more than 105 per centum of the level of loans and purchases for wheat for such marketing year, the Secretary may reduce the level of loans and purchases for wheat for the next marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain, except that the level of loans and purchases shall not be reduced by more than 10 per centum in any year nor below $2.00 per bushel. " (b)(1)(A) In addition, the Secretary shall make available to producers payments for each of the 1977 through 1981 crops of wheat in an amount computed as provided in this subsection. Payments for the 1977 crop shall be computed by multiplying (i) the payment rate, by (ii) the allotment for the farm for such crop, by (iii) the projected yield established for the farm for such crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. Payments for each of the 1978 through 1981 crops shall be computed by multiplying (i) the payment rate, by (ii) the farm program acreage for the crop, by (iii) the farm program payment yield for the crop. In no event shall payments be made under this paragraph for any of the 1978 through 1981 crops on a greater acreage than the acreage actually planted to wheat. "(B) The payment rate for wheat shall be the amount by which the higher of— "(i) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or "(ii) the loan level determined under subsection (a) of this section for such crop is less than the established price per bushel. The established price for wheat shall be $2.90 per bushel for the 1977 crop and $3.00 per bushel for the 1978 crop: Provided, That for the 1977 crop, the established price shall be $2.47 per bushel with respect to any acreage not planted to wheat within the wheat acreage allotment: Provided further, That for the 1978 crop, the established price shall be $3.05 per bushel if the 1978 crop of wheat is 1.8 billion bushels or less. For the 1979 crop, the established price shall be $3.00 per bushel adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the 1979 crop year from (ii) the average adjusted cost of production for the two crop years immediately preceding the 1978 crop year. For the 1980 and 1981 crops, the established price shall be the established price for the previous year's crop adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the year for which the determination is made from (ii) the average adjusted cost of production for the two crop years immediately preceding the year previous to the one for which the determination is made. The adjusted cost of production for each of such years shall be determined by the Secretary on the basis of such information as the Secretary finds necessary and appropriate for the purpose and shall be limited to (i) vari-

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Page:United States Statutes at Large Volume 91.djvu/957

 PUBLIC LAW 95-113—SEPT. 29, 1977 able costs, (ii) machinery ownership costs, and (iii) general farm overhead costs, allocated to the crops involved on the basis of the proportion of the value of the total production derived from each crop. "(C) Notwithstanding the foregoing provisions of this section, in the event the Secretary adjusts the level of loans and purchases for wheat in accordance with the proviso in subsection (a) of this section, 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: Provided, That any such increase in established price payments shall not be included in the payments subject to limitation under the provisions of section 101 of the Food and Agriculture Act of 1977. " (D) 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 paymen*: is made to the producer for the crop under paragraph (2) of this subsection. "(2)(A) Effective only with respect to the 1978 and 1979 crops of wheat, 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 on the number of acres so affected but not to exceed the acreage planted to wheat for harvest (inc^iding any acreage which the producers were prevented from planting to wheat or other nonconserving crop 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, multiplied by 75 per centum of the farm program payment yield established by the Secretary times a payment rate equal to 33^3 per centum of the established price per bushel for wheat. "(B) Effective only with respect to the 1978 and 1979 crops of wheat, 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 which the producers are able to harvest on any farm is less than the result of multiplying 60 per centum 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 farm disaster payment to the producers at a rate equal to 50 per centum of the established price for the crop for the deficiency in production below 60 per centum for the crop. "(C) In the case of the 1977 crop of wheat, disaster payments for prevented planting shall be compu*-ed as provided in section 107 of this Act, as amended for the 1974 through 1977 crops by the Agriculture and Consumer Protection Act of 1973, and disaster payments for low yield shall be computed in accordance with the formula provided in subparagraph (B) of this paragraph: Provided, That producers may elect to receive clisas^er payments for low yield computed as provided in section 107 of this Act, as amended for the 1974 through 1977 crops by the Agriculture and Consumer Protection Act of 1973: Provided further. That no disaster payments for low yield may be made under this paragraph prior to October 1, 1977. "(c) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the fann on a fair and equitable basis.".

91 STAT. 923

Emergency compensation.

Prevented planting disaster payments.

Farm disaster payments.

Computation.

7 USC 1445a.

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Page:United States Statutes at Large Volume 91.djvu/958

 91 STAT. 924

PUBLIC LAW 95-113—SEPT. 29, 1977 PROGRAM ACREAGES AND PAY^IENT YIELDS; SET-ASIDE PROGRAM

Ante, p. 921. Proclamation.

Revision.

Adjustment.

Program allocation factor

Payment yield.

SEC. 402. Effective only for the 1978 through 1981 crops of wheat, the Agricultural Act of 1949, as amended, is amended by adding subsections (d) through (i) to section 107A to read as follows: "(d)(1) The Secretary shall pr(x;laim a national program acreage for each of the 1978 through 1981 crops of wheat. The proclamation shall be made not later than August 15 of each calendar year for the crop harvested in the next succeeding calendar year, except that in the case of the 1978 crop the proclamation shall be made as soon as practicable after enactment of the Food and Agriculture Act of 1977. 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) of this subsection if the Secretary determine? it necessary based upon the latest information, and the Secretary shall proclaim such revised national program acreage as soon as it is made. 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. 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 by the amount 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. The allocation factor for wheat shall be determined by dividing the national program acreage for the crop by the number of acres which the Secretary estimates will be harvested for such crop: Provided, That in no event shall the allocation factor for any crop of wheat be more than 100 per centum nor less than 80 per centum. "(3) The individual farm program acreage for each crop of wheat 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: Provided, That the wheat acreage eligible for payments 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 previous year by at least the percentage recommended by the Secretary in the proclamation of the national program acreage made not later than August 15 prior to the year in which the crop is harvested, or in the case of the 1978 crop, the proclamation first made after enactment of the Food and Agriculture Act of 1977. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of wheat planted for harvest is less than for the preceding year, but the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor for wheat, the Secretary is authorized to 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 yield for each crop of wheat shall be the yield established for the farm for the previous crop year, adjusted by the Secretary to provide a fair and equitable yield. If no

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 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 925

payment yield for wheat was established for the farm in the previous crop year, the Secretary is authorized to determine such yield as the Secretary finds fair and reasonable. Notwithstanding the foregoing provisions of this subsection, in the determination of yields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield estabished on the basis of such yields shall be reduced under other provisions of this subsection. If the Secretary determines it necessary, the Secretary may establish national. State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such yields in the historical period, or, if such data are not available, on the Secretary's estimate of actual yields for the crop year involved. In the event national, State, or county" program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment yields. "(f)(1) The Secretary shall provide for a set-aside of cropland if Cropland setthe Secretary determines that the total supply of wheat will, in the aside. absence of such a set-aside, likely 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 shall Announcement. announce any such set-aside not later than August 15 prior to the year in which the crop is harvested, except that in the case of the 1978 crop, the announcement shall be made as soon as practicable after enactment of the Food and Agriculture Act of 1977. If a set-aside of cropland is in effect under this subsection, then as a condition of eligibility for loans, purchases, and payments authorized by this section, the producers on a farm must 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 year for which the set-aside is in effect. The Secretary may limit Acreage the acreage planted to wheat. Such limitation shall be applied on a limitation. uniform basis to all wheat-producing farms. The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary, which will assure protection of such acreage from weeds and wind and water erosion; however, the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the set-aside 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, oats, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price support program, and will not adversely affect farm income. " (2) The Secretary may make land diversion payments to producers Land diversion of wheat, whether or not a set-aside for wheat is in effect, if the Secre- payments. tary 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 on a Contacts, bids farm who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance wnth land diversion contracts entered into by the Secretary with such producers. 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

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Page:United States Statutes at Large Volume 91.djvu/960

 91 STAT. 926

PUBLIC LAW 95-113—SEPT. 29, 1977

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. 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. Wildlife habitats. "(3) The set-aside acreage and the additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildPayments, ijfg agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentence. The Secretary may provide for an additional payment on 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. Adjustments. "(4) The Secretary may make such adjustments in individual setaside acreages under this section as the Secretary determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, and topography, and such other factors as the Secretary deems necessary. Agreement, "(5) If the operator of the farm desires to participate in the profiling. gram formulated under this subsection, the operator shall file an agreement to do so no later than such date as the Secretary may prescribe. Loans, purchases, and payments under this section shall be made available to producers on such farm only if the producers set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator agrees to set aside and devote to approved soil conserving uses, and the agreement Termination or shall so provide. The Secretary may, by mutual agreement with the modification. producers, terminate or modify any such agreement entered into pursuant to this subsection if the Secretary determines such action necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of agricultural commodities. "(g) In any case in which the failure of a producer to comply fully with the terms and conditions of the program formulated 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 to be equitable in relation to the seriousness of the default. Regulations. "(h) The Secretary is authorized to issue such regulations as the Secretary determines necessary to carry out the provisions of this section. "(i) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.". NONAPPLICABILITY OF CERTIFICATE

7 USC 1379d note. 7 USC 1379d-1379j.

REQUIREMENTS

SEC. 403. Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 (which deal with marketing certificate requirements for processors and exporters) shall not be appli-

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Page:United States Statutes at Large Volume 91.djvu/961

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 927

cable to wheat processors or exporters during the period July 1, 1973, through May 31, 1982. SUSPENSION o r MARKETING QUOTAS AND PRODUCER CERTIFICATE PROVISIONS

SEC. 404. Sections 331, 332, 333, 334, 335, 336, 338, 339, 379b, and 379c 7 USC 1331 note. of the Agricultural Adjustment Act of 1938, as amended, shall not 7 USC 1331-1333, be applicable to the 1978 through 1981 crops of wheat. F I N A L I T Y OF DETERMINATIONS

1334, 1335, 1336, 1338, 1339, 1379b, 1379c.

SEC. 405. Effective only for the 1978 through 1981 crops, section 385 of the Agricultural Adjustment Act of 1938, as amended, is amended 7 USC 1385. by amending the first sentence to read as follows: "The facts constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, and rice programs authorized by the Agricultural Act of 1949 and this Act, any loan, or price 7 USC 1421 note. support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.". SUSPENSION OF QUOTA PROVISIONS

SEC. 406. Public Law 74, Seventy-seventh Congress (55 Stat. 203, as 7 USC 1330 note. amended) shall not be applicable to the crops of wheat planted for 7 USC 1330, 1340. harvest in the calendar years 1978 through 1981. APPLICATION OF TERMS I N THE AGRICULTURAL ACT OF 1949

SEC. 407. Section 408(k) of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended, to be effective for the 7 USC 1428. 1971 through 1977 crops, shall be effective for the 1978 through 1981 crops, and shall read as follows: REFERENCES TO TERMS MADE APPLICABLE TO W H E A T AND FEED GRAINS

"(k) References made in sections 402, 403, 406, and 416 to the terms 'support price', 'level of support', and 'level of price support' shall be considered to apply as well to the level of loans and purchases for wheat and feed grains under this Act; and references made to the terms 'price support', 'price support operations', and 'price support program' in such sections and in section 401(a) shall be considered as applying as well to the loan and purchase operations for wheat and feed grains under this Act.".

Post, p. 956. 7 USC 1736, 1431.

Post, p. 956.

COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS FOR WHEAT AND FEED GRAINS

SEC. 408. Effective only with respect to the marketing years for the 1978 through 1981 crops, section 407 of the Agricultural Act of 1949, as amended, is amended by— 7 USC 1427. (1) striking out in the third sentence the language following the third colon and inserting in lieu thereof the following: "Frovided, That the Corporation shall not sell any of its stocks of wheat, corn, grain sorghum, barley, oats, and rye respectively at

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Page:United States Statutes at Large Volume 91.djvu/962

 91 STAT. 928

PUBLIC LAW 95-113—SEPT. 29, 1977 less than 115 per centum of the current national average loan rate for the commodity, adjusted for such current market differentials reflecting grade, quality, location, and other value factors as the Secretary determines appropriate, plus reasonable carrying charges."; (2) striking out in the fifth sentence "current basic county support rate including the value of any applicable price-support payment in kind (or a comparable price if there is no current basic county support rate)" and inserting in lieu thereof the following: "current basic county loan rate (or a comparable price if there is no current basic county loan rate)"; and (3) striking out in the seventh sentence ", but in no event shall the purchase price exceed the then current support price for such commodities" and inserting in lieu thereof the following: "or unduly affecting market prices, but in no event shall the purchase price exceed the Corporation's minimum sales price for such commodities for unrestricted use". XONAPPLICABILITY OF SECTION 1 0 7 OF THE AGRICULTURAL ACT OF 1949 TO THE 1977 THROUGH 1981 CROPS OF W H E A T

7 USC 1445a note. 7 USC 1445a.

SEC. 409, Section 107 of the Agricultural Act of 1949, as amended, shall not be applicable to the 1977 through 1981 crops of wheat. NONAPPLICABILITY OF SECTION 1 0 7 OF THE AGRICULTURAL ACT OF 1949, AS AMENDED, TO THE 1977 CROP OF W H E A T

7 USC 1445a note.

SEC. 410. Except as otherwise provided in section 401 of this Act, section 107 of the Agricultural Act of 1949, as added by the Agricultural Act of 1970, as amended, to be effective only for the 1974 through 1977 crops of wheat, shall not be applicable to the 1977 crop of wheat. TITLE V—FEED GRAINS LOAN RATES AND TARGET PRICES FOR THE 197 7 THROUGH

Loans and purchases. 7 USC 1444c.

Reduction.

1981

CROPS

SEC. 501. Effective only for the 1977 through 1981 crops, the Agricultural Act of 1949, as amended, is amended by adding subsections (a) through (c) to a new section 105A as follows: "SEC. 105A. Notwithstanding any other provision of law— "(a)(1) The Secretary shall make available to producers loans and purchases at such level, not less than $2.00 per bushel, for each of the .1977 through 1981 crops of corn, as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains in the United States: Provided, That if the Secretary determines that the average price of corn received by producers in any marketing year is not more than 105 per centum of the level of loans and purchases for corn for such marketing year, the Secretary may reduce the level of loans and purchases for corn for the next marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for grain, except that the level of loans and purchases shall not be reduced by more than 10 per centum in any year nor below $1.75 per bushel. "(2) The Secretary shall make available to producers loans and purchases on each of the 1977 through 1981 crops of 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

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Page:United States Statutes at Large Volume 91.djvu/963

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 929

commodity in relation to corn and other factors specified in section 401(b) of this Act, and on each crop of grain sorghums at such level 7 USC 1421. 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 and average transportation costs to market of grain sorghums in relation to corn. "(b)(1)(A) In addition, the Secretary shall make available to pro- Payments, ducers payments for each of the 1977 through 1981 crops of corn, grain sorghums, and, if designated by the Secretary, oats and barley, in an amount computed as provided in this subsection. Payments for the 1977 crop shall be computed by multiplying (i) the payment rate, by (ii) the allotment for the farm for such crop, by (iii) the yield established for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. Payments for each of the 1978 through 1981 crops shall be computed by multiplying (i) the payment rate, by (ii) the farm program acreage for the crop, by (iii) the farm program payment yield for the crop. In no event shall payments be made under this paragraph for any of the 1978 through 1981 crops on a greater acreage than the acreage actually planted to such feed grains. "(B) The payment rate for corn shall be the amount by which the higher of— "(1) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or "(2) the loan level determined under subsection (a) for such crop is less than the established price per bushel. The established price for Established price corn shall be $2.00 per bushel in the case of the 1977 crop, except that per bushel. the established price shall be $1.70 per bushel with respect to any acreage not planted to corn within the feed grain allotment. The estab- Adjusted cost of lished price for corn shall be $2.10 per bushel in the case of the 1978 production. crop, and for the 1979 through 1981 crops the established price shall be the established price for the previous year's crop adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the year for which the determination is made from (ii) the average adjusted cost of production for the two crop years immediately preceding the year previous to the one for which the determination is made. The adjusted cost of production for each of such years shall be determined by the Secretary on the basis of such information as the Secretary finds necessary and appropriate for the purpose and shall be limited to (i) variable costs, (ii) machinery ownership costs, and (iii) general farm overhead costs, allocated to the crops involved on the basis of the proportion of the value of the total production derived from each crop. "(C) Notwithstanding the foregoing provisions of this section, in Emergency the event the Secretary adjusts the level of loans and purchases for compensation. corn in accordance with the proviso in subsection (a)(1) of this section, the Secretary shall provide emergency compensation by increasing the established price payments for com 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: Provided., That any such increase in established price payments shall not be included in the payments subject to limitation under the provisions of section 101 of the Food and Agriculture Act of 1977. "(D) The payment rate for grain sorghums and, if designated by the Secretary, oats and barley, shall be such rate as the Secretary

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Page:United States Statutes at Large Volume 91.djvu/964

 91 STAT. 930

PUBLIC LAW 95-113—SEPT. 29, 1977

determines fair and reasonable in relation to the rate at which •' payments are made available for com. " (E) 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) of this subsection. Prevented "(2)(A) Effective only with respect to the 1978 and 1979 crops of planting disaster feed grains, if the Secretary determines that the producers on a farm payments. jjre 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 on the number of acres so affected but not to exceed the acreage planted to feed grains for harvest (including any acreage which the producers were prevented from planting to feed grains or other nonconserving crop 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 multiplied by 75 per centum of the farm program payment yield for feed grains established by the Secretary times a payment rate equal to 33i/^ per centum of the established price per bushel. Farm disaster " (B) Effective only with respect to the 1978 and 1979 crops of feed payment. grains, 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 which the producers are able to harvest on any farm is less than the result of multiplying 60 per centum of the farm program payment yield establislied by the Secretary for such crop by the acreage planted for harvest for such crop, the Secretary shall make a farm disaster payment to the producers at a rate equal to 50 per centum of the established price for the crop for the deficiency in production below 60 per centum for the crop. "(C) In the case of the 1977 crop of feed grains, disaster payments for prevented planting for feed grains shall be computed as provided in section 105 of this Act, as amended for the 1974 through 1977 crops 7 USC 1307 note, by the Agriculture and Consumer Protection Act of 1973, and disaster payments for low yield shall be computed in accordance with the formula provided in subparagraph (B) of this paragraph: Provided, That producers may elect to receive disaster payments for low yield 7 USC 1444b. computed as provided in section 105 of this Act, as amended for the 1974 through 1977 crops by the Agriculture and Consumer Protection Act of 1973: Provided further, That no disaster payments for low yield may be made under this paragraph prior to October 1, 1977. "(c) The Secretary shall provide for the sharing of payments made under this section for any farm among producers on the farm on a ' fair and equitable basis.". PROGRAM ACREAGES AND P A Y M E N T YIELDS; SET-ASIDE PROGRAM Proclamation. Ante, p. 928.

Revision.

SEC. 502. Effective only for the 1978 through 1981 crops of feed grains, the Agricultural Act of 1949, as amended, is amended by adding subsections (d) through (i) to section 105A to read as follows: "(d)(1) The Secretary shall proclaim a national program acreage for each of the 1978 through 1981 crops of feed grains. The proclamation shall be made not later than November 15 of each calendar year for the crop harvested in the next succeeding calendar year. The Secretary may revise the national program acreage first proclaimed for

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Page:United States Statutes at Large Volume 91.djvu/965

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 931

any crop year for the purpose of determining the allocation factor under paragraph (2) of this subsection if the Secretary determines it necessary based upon the latest information, and the Secretary shall proclaim such revised national program acreage as soon as it is made. 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 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. If the Secretary Adjustment determines that the 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 amount the Secretary determines will accomplish the desired increase or decrease in carryover stocks. " (2) The Secretary shall determine a program allocation factor for Program each crop of feed grains. The allocation factor for feed grains shall be allocation factor. determined by dividing the national program acreage for the crop by the number of acres which the Secretary estimates will be harvested for such crop: Provided, That in no event shall the allocation factor for any crop of feed grains be more than 100 per centum nor less than 80 per centum. "(3) 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: Provided, That the feed grain acreage eligible for payments shall not be further reduced by application of the allocation factor if the producers reduce the acreage of feed grains planted for harvest on the farm from the previous year by at least the percentage recommended by the Secretary in the proclamation of the national program acreage made not later than November 15 prior to the year in which the crop is harvested. 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 for the preceding year, but the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor for feed grains, the Sec- Adjustment. retary is authorized to make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the forejToing provisions of this paragraph. "(e) The farm program payment yield for each crop of feed grains Payment yield shall be the yield established for the farm for the previous crop year, adjusted by the Secretary to provide a fair and equitable yield. If no payment yield for feed grains was established for the farm in the previous crop year, the Secretary is authorized to determine such yield as the Secretary finds fair and reasonable. Notwithstanding the foregoing provisions of this subsection, in the determination of vields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this subsection. If the Secretary determines it necessary, the Secretary may establish national. State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such vields in the historical period, or, if such data are not available, on the Secretary's estimate of actual yields for the crop year involved. In the event national. State, or county program payment yields are established, the

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Page:United States Statutes at Large Volume 91.djvu/966

 91 STAT. 932

Cropland setaside.

Announcement.

Limitation.

Land-diversion payments.

Contracts, bids.

Payments.

PUBLIC LAW 95-113—SEPT. 29, 1977 farm program payment yields shall balance to the national, State, or county program payment yields. "(f)(1) The Secretary shall provide for a set-aside of cropland if the Secretary determines that the total supply of feed grains will, in the absence of such a set-aside, likely 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. Any such setaside shall be announced by the Secretary not later than November 15 of each calendar year for the crop harvested in the next calendar year. If a set-aside of cropland is in effect under this subsection, then as a condition of eligibility for loans, purchases, and payments authorized by this section on corn, grain sorghums, and, if designated by the Secretary, barley and oats, respectively, the producers on a farm must set aside and devote to conservation uses an acreage of cropland equal to a specified percentage, as determined by the Secretary, of the feed grain acreage planted for harvest for the crop year for which the set-aside is in effect. The Secretary may limit the acreage planted to feed grains. Such limitation shall be applied on a uniform basis to all feed grainproducing farms. The set-aside acreage shall be devoted to conservation uses, in accordance with regulations issued by the Secretary, which will assure protection of such acreage from weeds and wind and water erosion; however, the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the setaside 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, oats, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price support program, and will not adversely affect farm income. " (2) The Secretary may make land diversion payments to producers of feed grains, whether or not a set-aside for feed grains is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of feed grains to desirable goals. Such land diversion payments shall be made to producers on a farm 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. 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. 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. "(3) The set-aside acreage and the 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. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentence. The Secretary may provide for an additional payment on 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 hunt-

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Page:United States Statutes at Large Volume 91.djvu/967

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 933

ing, trapping, fishing, and hiking, subject to applicable State and Federal regulations. "(4) The Secretary may make such adjustments in individual set- Adjustments, aside acreages under this section as the Secretary determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, and topography, and such other factors as the Secretary deems necessary. "(5) If the operator of the farm desires to participate in the pro- Agreement filing. gram formulated under this subsection, the operator shall file an agreement to do so no later than such date as the Secretary may prescribe. Loans, purchases, and payments under this section shall be made available to producers on such farm only if the producers set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres which the operator agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary may, by mutual agreement with the producers, Termination or terminate or modify any such agreement entered into pursuant to modification. this subsection if the Secretary determines such action necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of agricultural commodities. "(g) In any case in which the failure of a producer to comply fully with the terms and conditions of the program formulated 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 to be equitable in relation to the seriousness of the default. "(h) The Secretary is authorized to issue such regulations as the Regulations Secretary determines necessary to carry out the provisions of this section. "(i) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.". NONAPPLICABILITY OF SECTION 105 OF THE AGRICULTURAL ACT OF 1949, TO THE 1977 THROUGH 1981 CROPS OF FEED GRAINS

SEC. 503. Section 105 of the Agricultural Act of 1949, as amended, 7 USC 1444b shall not be applicable to the 1977 through 1981 crops of feed grains. "°*^7 USC 1441 note. NONAPPLICABILITY OF SECTION 1 0 5 OF THE AGRICULTURAL ACT OF 1949, AS AMENDED, TO THE 1977 CROP OF FEED GRAINS

SEC. 504. Except as otherwise provided in section 501 of this Act, 7 USC 1444b section 105(a) and (b)(1) of the Agricultural Act of 1949, as added "°*«by the Agricultural Act of 1970, as amended, to be effective only for the 1974 through 1977 crops of feed grains, shall not be applicable to the 1977 crop of feed grains. TITLE VI—UPLAND COTTON BASE ACREAGE ALLOTMENTS; SUSPENSION OF MARKETING QUOTAS, AND RELATED PROVISIONS

SEC. 601. Sections 342, 343, 344, 345, 346, and 377 of the Agricultural 7 USC 1342 note, Adjustment Act of 1938, as amended, shall not be applicable to upland " ^^^ ^^^^^ ^ cotton of the 1978 through 1981 crops. 1343, 1344, ^ ^ 1345, 1346, 1377.

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Page:United States Statutes at Large Volume 91.djvu/968

 91 STAT. 934

PUBLIC LAW 95-113—SEPT. 29, 1977 COTTON PRODUCTION I N C E N T IV E S; LOAN RATE AND TARGET P R I C E; SET-ASIDE PROGRAM

7 USC 1444.

Interest rate, quarterly establishment. Nonrecourse loans, extension.

Import quota, Presidential establishment. Conditions.

SEC. 602. Effective only with respect to the 1978 through 1981 crops of upland cotton, except as otherwise provided herein, section 103 of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new subsection (f) as follows: " (f)(1) The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available for the 1978 through 1981 crops of upland cotton to cooperators nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at such level as will reflect for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States the smaller of (i) 85 per centum of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during the four-year period ending July 31 in the year in which the loan level is announced, or (ii) 90 per centum of the average, for the first two full weeks of October of the year in which the loan level is announced, of the five lowest priced growths of the growths quoted for Strict Middling one and one-sixteenth inch cotton C.I.F, ]S^orthern Europe (adjusted downward by the average difference during the period April 15 through October 15 of the year in which the loan is announced between such average Northern Europe price quotation of such quality of cotton and the market quotations in the designated United States spot markets for Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9)). The loan level for any crop of cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective, and such level shall not thereafter be changed. The rate of interest on loans to cooperators under the provisions of this paragraph shall be established quarterly by the Commodity Credit Corporation on the basis of tl:e lowest current interest rate on ordinary obligations of the United States. Nonrecourse loans provided for in this subsection, shall, upon request of the cooperator during the tenth month of the loan period for the cotton, be made available for an additional term of eight months: Provided, That such request to extend the loan period shall not be approved in a month when the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for the preceding month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six month period: Provided further, That whenever the Secretary determines that the average price of Strict Low Middling one and one-sixteenth inch cotton (micronaire 3.5 through 4.9) in the designated spot markets for a month exceeded 130 per centum of the average price of such quality of cotton in such markets for the preceding thirty-six months, notwithstanding any other provision of law, the President shall immediately establish and proclaim a special limited global import quota for upland cotton subject to the following conditions: " (A) The amount of the special quota shall be equal to twentyone days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent three months for which data are available; " (B) If a special quota has been established under this subsection during the preceding twelve months, the amount of the quota next established hereunder shall be the smaller of twenty-one days

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Page:United States Statutes at Large Volume 91.djvu/969

 PUBLIC LAW 95-113—SEPT. 29, 1977 of domestic mill consumption calculated as set forth in clause (A) of this subsection or the amount required to increase the supply to 130 per centum of the demand; "(C) As used in clause (B) of this paragraph, the term 'supply' means, using the latest official data of the Bureau of the Census, the United States Department of Agriculture, and the United States Department of the Treasury, the carryover of upland cotton at the beginning of the marketing year (adjusted to four hundred and eighty-pound bales) in which the special quota is established, plus production of the current crop, plus imports to the latest date available during the marketing year, and the term 'demand' means the average seasonally adjusted annual rate of domestic mill consumption in the most recent three months for which data are available, plus the larger of average exports of upland cotton during the preceding six marketing years or cumulative exports of upland cotton, plus outstanding export sales for the marketing year in which the special quota is established; and "(D) When a special quota is established under the provisions of this subsection, a ninety-day period from the effective date of the proclamation shall be allowed for entering cotton under such quota. "(2) Notwithstanding the foregoing provisions of this subsection, a special quota period shall not be established that overlaps an existing special quota period. "(3) Notwithstanding any other provision of law, the foregoing provisions of this subsection with respect to extension of the loan period and to proclamation of the special quota shall become effective upon the effective date of the Food and Agriculture Act of 1977 even though the cotton may be of a crop prior to the 1978 crop. "(4) Payments shall be made for each crop of upland cotton to the producers on each farm at a rate equal to the amount by which the higher of— "(A) the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, or "(B) the loan level determined under paragraph (1) for such crop is less than the established price per pound times in each case (i) the farm program acreage for cotton, determined in accordance with paragraph (9) of this subsection (but in no event on a greater acreage than the acreage actually planted to cotton for harvest), multiplied by (ii) the farm program payment yield for cotton determined in accordance with paragraph (10) of this subsection. For the 1978 through 1981 crops, the established price shall be the established price for the previous year's crop adjusted to reflect any change in (i) the average adjusted cost of production for the two crop years immediately preceding the year for which the determination is made from (ii) the average adjusted cost of production for the two crop years immediately preceding the year previous to the one for which the determination is made. The adjusted cost of production for each of such years shall be determined by the Secretary on the basis of such information as the Secretary finds necessary and appropriate for the purpose and shall be limited to (i) variable costs, (ii) machinery ownership costs, and (iii) general farm overhead costs, allocated to the crops involved on the basis of the proportion of the value of the total production derived from each crop: Provided, That in no event shall the established price for the 1978 crop be less than 52 cents per pound and for each subse-

91 STAT. 935

"Supply."

"Demand."

Payments,

Established P"ce.

Adjusted cost of production.

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