text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/294

 99 STAT. 1404

Prohibition.

16 USC 590h. Conservation.

Conservation. Contracts.

Contracts.

Wildlife refuge.

Conservation.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to— "(I) hay and grazing, in the case of the 1986 crop of feed grains; and "(ID grazing, in the case of each of the 1987 through 1990 crops of feed grains. "(ii) Haying and grazing shall not be permitted for any crop of feed grains under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act. "(D) In determining the quantity of land to be devoted to conservation uses under an acreage limitation or set-aside program with respect to land that has been farmed under summer fallow practices, as defined by the Secretary, the Secretary shall consider the effects of soil erosion and such other factors as the Secretary considers appropriate. "(5)(A) The Secretary may make land diversion payments to producers of feed grains, whether or not an acreage limitation or set-aside program 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 pa3mients shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. "(B) 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 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. "(C) 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. "(6)(A) Any reduced acreage, set-aside acreage, and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. "(B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). "(C) The Secretary may also pay an appropriate share of the cost of approved soil and water conservation practices (including practices that may be effective for a number of years) established by the producer on reduced acreage, set-aside acreage, or additional diverted acreage. "(D) The Secretary may provide for an additional payment on 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.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/295

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1405

"(7)(A) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. "(B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. "(8) Notwithstanding the foregoing provisions of this subsection, in carrying out the program conducted under this subsection, the Secretary may prescribe production targets for participating farms expressed in bushels of production so that all participating farms achieve the same pro rata reduction in production as prescribed by the national production targets. "(g)(1) The Secretary may, for each of the 1986 through 1990 crops of corn, grain sorghums, oats, and, if designated by the Secretary, barley, make payments available to producers who meet the requirements of this subsection. "(2) Such payments shall be— "(A) made in the form of such feed grains, respectively, owned by the Commodity Credit Corporation; and "(B) subject to the availability of such feed grains. "(3)(A) Payments under this subsection shall be determined in the same manner as provided in subsection (b). "(B) The quantity of feed grains to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. "(4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer— "(A) agrees to forgo obtaining a loan or purchase agreement under subsection (a); "(B) agrees to forgo receiving payments under subsection (c); "(C) does not plant feed grains for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f); and "(D) otherwise complies with this section. "(h)(1) If the failure of a producer to comply fully with the terms and conditions of the program conducted under this section precludes the making of loans, purchases, and pa3nnents, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. "(2) The Secretary may authorize the county and State committees established under section 80)) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590hOt))) to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. "(i) The Secretary may issue such regulations as the Secretary Regulations. determines necessary to carry out this section. "0') The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. "(k) The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)) (relating to assignment of payments) shall apply to payments under this section.

�

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


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/296

 99 STAT. 1406

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(1) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. "(m) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. "(n)(1) Except as provided in paragraphs (2) and (3), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans, purchases, or payments under this section. "(2) If an acreage limitation program is established for a crop of feed grains under subsection (0(2), producers who participate in the program may not plant acreage of another commodity for which there is an acreage limitation program in effect in excess of the crop acreage base for the crop for the farm. "(3) If a set-aside program is established for a crop of feed grains under subsection (fK3), compliance on a farm with the terms and conditions of any other commodity program may be required as a condition of eligibility for loans, purchases, or payments under this section.". NONAPPUCABILITY OF SECTION 105 OF THE AGRICULTURAL ACT OF 1949 TO THE 1986 THROUGH 1990 CROPS OF FEED GRAINS

7 USC 1444b note.

SEC. 402. Section 105 of the Agricultural Act of 1949 (7 U.S.C. 1444b) shall not be applicable to the 1986 through 1990 crops of feed grains. PRICE SUPPORT FOR CORN SILAGE

7 USC 1444e-l.

SEC. 403. (a) Notwithstanding any other provision of law, effective only for each of the 1986 through 1990 crops of feed grains, the Secretary of Agriculture may make available loans and purchases, as provided in this section, to producers on a farm who— (1) for silage— (A) cut com (including mutilated com) that the producers have produced in such crop year; or (B) purchase or exchange com (including mutilated com) that has been produced in such crop year by another producer (including a producer that is not participating in an acreage limitation or set-aside program for such crop established by the Secretary); and (2) participate in an acreage limitation or set-aside program for such crop of corn established by the Secretary. (b) Such loans and purchases may be made on a quantity of corn of the same crop, other than the corn obtained for silage, acquired by the producer equivalent to a quantity determined by multiplying— , (1) the acreage of com obtained for silage; by (2) the lower of the farm program payment jdeld or the actual yield on a field, as determined by the Secretary, that is similar to the field from which such silage was obtained.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/297

 PUBLIC LAW 99-198—DEC. 23, 1985 I *1

>

TITLE V—COTTON

i

99 STAT. 1407

LOAN RATES, TARGET PRICES, DISASTER PAYMENTS, ACREAGE LIMITATION PROGRAM, AND LAND DIVERSION FOR THE 1986 THROUGH 1990 CROPS OF UPLAND COTTON

SEC. 501. Effective only for the 1986 through 1990 crops of upland cotton, the Agricultural Act of 1949 is amended by inserting after section 103 (7 U.S.C. 1444) the following new section: "SEC. 103A. Notwithstanding any other provision of law: 7 USC 1444-1. "(a)(1) Except as provided in paragraph (2), the Secretary shall, on presentation of warehouse receipts reflecting accrued storage charges of not more than 60 days, make available for the 1986 through 1990 crops of upland cotton to producers nonrecourse loans for a term of 10 months from the first day of the month in which the loan is made at such level, per pound, 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 at a level that is not less than— "(A) in the case of the 1986 crop of upland cotton, 55 cents per pound; and "(B) in the case of each of the 1987 through 1990 crops of upland cotton, the smaller of— "(i) 85 percent of the average price (weighted by market and month) of such quality of cotton as quoted in the designated United States spot markets during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; or "(ii) 90 percent of the average, for the 15-week period beginning July 1 of the year in which the loan level is announced, of the 5 lowest-priced growths of the growths quoted for Middling one and three-thirty-seconds inch cotton C.I.F. northern 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 European 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)). "(2)(A) The loan level for any crop determined under paragraph (I)(B) may not be reduced by more than 5 percent from the loan level determined for the preceding crop nor below 50 cents per pound. "(B) If for any crop the average northern European price determined under paragraph (l)(B)(ii) is less than the average United States spot market price determined under paragraph (IXBXi), the Secretary may increase the loan level to such level as the Secretary may deem appropriate, not in excess of the average United States spot market price determined under paragraph (IXBXi). "(3) The loan level for any crop of upland cotton shall be deter- Prohibition. mined 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, except that in the case of the 1986 crop, such determination and announcement shall be made as soon as prac-

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/298

 99 STAT. 1408

Exports.

PUBLIC LAW 99-198—DEC. 23, 1985

ticable after the date of enactment of the Food Security Act of 1985. Such level shall not thereafter be changed. "(4)(A) Except as provided in subparagraph (B), nonrecourse loans provided for in this section shall, on request of the producer during the 10th month of the loan period for the cotton, be made available for an additional term of 8 months. "(B) A request to extend the loan period shall not be approved in any month in which 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 percent of the average price of such quality of cotton in such markets for the preceding 36-month period. "(5)(A) If the S e c r e t s ^ determines that the prevailing world market price for upland cotton (adjusted to United States quality and location) is below the loan level determined under the foregoing provisions of this subsection, in order to make United States upland cotton competitive in world markets, the Secretary shall implement the provisions of Plan A or Plan B in accordance with this paragraph. "(B) If the Secretary elects to implement Plan A, the Secretary shall permit a producer to repay a loan made for any crop at a level determined and announced by the Secretary at the same time the Secretary announces the loan level for such crop as determined under paragraph (3). Such repayment level for loans on such crops shall not be less than 80 percent of the loan level determined for the crop. Such repayment level, once announced for the crop, shall not thereafter be changed. "(C)(i) If the Secretary elects to implement Plan B, except as provided in clause (ii), the Secretary shall permit a producer to repay a loan made for any crop at a level that is the lesser of^ "(I) the loan level determined for such crop; or "(II) the prevailing world market price for upland cotton (adjusted to United States quality and location), as determined by the Secretary. "(ii) For each of the 1987 through 1990 crops of cotton, if the world market price for cotton (adjusted to United States quality and location) as determined by the Secretary, is less than 80 percent of the loan level determined for such crop, the Secretary may permit a producer to repay a loan made under this subsection for a crop at such level (not in excess of 80 percent of the loan level determined for such crop) as the Secretary determines will— "(I) minimize potential loan forfeitures; "(II) minimize the accumulation of cotton stocks by the Federal Government; "(III) minimize the cost incurred by the Federal Government in storing cotton; and "(IV) allow cotton produced in the United States to be marketed freely and competitively, both domestically and internationaly. "(D)(i) Notwithstanding any other provision of law, during the period beginning August 1, 1986, and ending July 31, 1991, if a program carried out under Plan A or Plan B fails to make United States upland cotton fully competitive in world markets and the prevailing world market price of upland cotton (adjusted to United States quality and location), as determined by the Secretary, is below the current loan repayment rate for upland cotton determined under subparagraph (A), to make United States upland

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/299

 ' " >.ip?«*»g«'

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1409

cotton competitive in world markets and to maintain and expand domestic consumption and exports of upland cotton produced in the United States, the Secretary shall provide for the issuance of negotiable marketing certificates in accordance with this subparagraph. "(ii) The Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of negotiable marketing certificates, to first handlers of cotton (persons regularly engaged in buying or selling upland cotton) who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this subparagraph. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make upland cotton produced in the United States available at competitive prices, consistent with the purposes of this subparagraph, including such payments as may be necessary to make raw cotton in inventory on August 1, 1986, available on the same basis. "(iii) The value of each certificate issued under clause (ii) shall be based on the difference between— "(I) the loan repayment rate for upland cotton under Plan A or Plan B, as the case may be; and "(II) the prevailing world market price of upland cotton, as determined by the Secretary under a published formula submitted for public comment before its adoption. "(iv) The Commodity Credit Corporation, under regulations prescribed by the Secretary, may assist any person receiving marketing certificates under this subparagraph in the redemption of certificates for cash, or marketing or exchange of such certificates for (I) upland cotton owned by the Commodity Credit Corporation or (II) (if the Secretary and the person agree) other agricultural commodities or the products thereof owned by the Commodity Credit Corporation, at such times, in such manner, and at such price levels as the Secretary determines will best effectuate the purposes of the program established under this subparagraph. Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this subparagraph. "(v) Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, such owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of such certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. "(vi) The Secretary shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and products for certificates under this section from adversely affecting the income of producers of such commodities or products. "(vii) Under regulations prescribed by the Secretary, certificates issued to cotton handlers under this subparagraph may be transferred to other handlers and persons approved by the Secretary. "(E)(i) The Secretary shall prescribe by regulation—

Regulations. Contracts.

Regulations. Prohibition.

Regulations.

Regulations.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/300

 99 STAT. 1410

Federal Roister, publication. Regulations.

Conservation.

PUBLIC LAW 99-198—DEC. 23, 1985

"(I) a formula to define the prevailing world market price for cotton; and "(II) a mechanism by which the Secretary shall announce periodically the prevailing world market price for cotton. "(ii) Not later than 90 days after the date of enactment of the Food Security Act of 1985, the Secretary shall— "(I) publish in the Federal Register proposed regulations specifying such formula and mechanism; and "(II) invite public comment on such proposal, "(iii) The prevailing world market price established under this subparagraph shall be used for purposes of both Plan A and Plan B and marketing certificates under subparagraph (D). "(b)(1) The Secretary may, for each of the 1986 through 1990 crops of upland cotton, make pa5nnents available to producers who, although eligible to obtain a loan under subsection (a), sigree to forgo obtaining such loan in return for such payments. "(2) A payment under this subsection shall be computed by multiplying— "(A) the loan payment rate; by "(B) the quantity of upland cotton the producer is eligible to place under loan. "(3) For purposes of this subsection, the quantity of upland cotton eligible to be placed under loan may not exceed the product obtained by multiplying— "(A) the individual farm program acreeige for the crop; by "(B) the farm program payment yield established for the farm. "(4) For purposes of this subsection, the loan payment rate shall be the amount by which— "(A) the loan level determined for such crop under subsection (a); exceeds "(B) the level at which a loan may be repaid under subsection (a). "(5) The Secretary may make up to one-half the amount of a payment under this subsection available in the form of negotiable marketing certificates, subject to the terms and conditions provided in subsection (a)(5)(D). "(c)(l)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of upland cotton in an amount computed by multiplying— "(i) the payment rate; by ^ n "(ii) the individual farm program acreage; by "(iii) the farm program payment yield established for the crop for the farm. "(B)(i) If an acreage limitation program under subsection (fK2) is in effect for a crop of upland cotton and the producers on a farm devote a portion of the permitted upland cotton acreage of the farm (as determined in accordance with subsection (f)(2)(A)) equal to more than 8 percent of the permitted upland cotton acreage of the farm for the crop to conservation uses or nonprogram crops— "(I) such portion of the permitted upland cotton acreage in excess of 8 percent of such acreage devoted to conservation uses or nonprogram crops shall be considered to be planted to upland cotton for the purpose of determining the individual farm program acreage in accordance with subsection (f)(2)(E) and for the purpose of determining the acreage on the farm required to be

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/301

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1411

devoted to conservation uses in accordance with subsection (f)(2)(D); and "(11) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). "(ii) To be eligible for payments under clause (i), except as provided in clause (iii), the producers on the farm must actually plant upland cotton for harvest on at least 50 percent of the permitted upland cotton acreage of the farm. "(iii) If a State or local agency has imposed in an area of a State or county a quarantine on the planting of upland cotton for harvest on farms in such area, the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of upland cotton for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under this clause, such producers may not plant wheat, feed grains, rice, cotton, or soybeans on such acreage. "(iv) The upland cotton crop acreage base and upland cotton farm program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses or nonprogram crops. "(v) Other than as provided in clauses (i) through (iv), payments may not be made under this subsection for any crop on a greater acreage than the acreage actually planted to upland cotton. "(vi) Any acreage considered to be planted to upland cotton in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. "(C) The payment rate for upland cotton shall be the amount by which the established price for the crop of upland cotton exceeds the higher of— "(i) the national average market price received by producers during the calendar year that includes the first 5 months of the marketing year for such crop, as determined by the Secretary; or "(ii) the loan level determined for such crop. "(D) The established price for upland cotton shall not be less than $0.81 per pound for the 1986 crop, $0,794 per pound for the 1987 crop, $0.77 per pound for the 1988 crop, $0,745 per pound for the 1989 crop, and $0,729 per pound for the 1990 crop. "(E) The total quantity of upland cotton on which payments would otherwise be payable to a producer on a farm for any crop under this subsection shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). '(F) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of upland cotton. The use of upland cotton in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the

Prohibition.

Prohibition,

»

Prohibition.

Prohibition.

Report.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/302

 99 STAT. 1412

PUBLIC LAW 99-198—DEC. 23, 1985

Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(G) As used in this subsection, the term 'nonprogram crop' means any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. "(2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for upland cotton to upland cotton or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying— "(I) the number of acres so affected but not to exceed the ^- acreage planted to upland cotton for harvest (including any acreage that the producers were prevented from planting to I] upland cotton or other nonconserving crops in lieu of upland ,1 cotton because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by "(II) 75 percent of the farm program payment yield established for the farm by the Secretary; by ^, "(III) a payment rate equal to 33 V percent of the established a price for the crop. "(ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of upland cotton ^,. held by the Commodity Credit Corporation. "(B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of upland cotton that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established for the farm for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 V percent of the established price for the crop for the a deficiency in production below 75 percent for the crop. Prohibition. "(C) Producers on a farm shall not be eligible for— "(i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the upland cotton acreage of the producers; or '*'= I "(ii) reduced yield disaster payments under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the upland cotton acreage of the producers. "(D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this subsection if the Secretary determines that— "(I) as the result of drought, flood, or other natural disaster, o^r 1! or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting upland cotton or other nonconserving crops or from reduced yields; "(II) such losses have created an economic emergency for the sJ" producers;

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/303

 ^««ife

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1413

"(III) crop insurance indemnity payments under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to such producers for such losses is insufficient to alleviate such economic emergency; and "(IV) additional assistance must be made available to such producers to alleviate such economic emergency. "(ii) The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm so as to assure the equitable allotment of such payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. "(d)(1)(A) Except for a crop with respect to which there is an acreage limitation program in effect under subsection (f), the Secretary shall proclaim a national program acreage for each of the 1986 through 1990 crops of upland cotton. The proclamation shall be made not later than November 1 of the calendar year preceding the year for which such acreage is established, except that in the case of the 1986 crop, such announcement shall be made as soon as practicable after the enactment of the Food Security Act of 1985. "(B) The Secretary may revise the national program acreajge first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the Secretary determines it necessary based on the latest information. The Secretary shall proclaim such revised national program acreage as soon as it is made. "(C) The national program acreage for upland cotton shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. "(D) The national program acreage shall be subject to such adjustment as the Secretary determines necessary, taking into consideration the estimated carryover supply, so as to provide for an adequate but not excessive total supply of upland cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than 10 million acres. "(2) The Secretary shall determine a program allocation factor for each crop of upland cotton. The allocation factor (not to exceed 100 percent) shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. "(3)(A) The individual farm program acreage for each crop of upland cotton shall be determined by multiplying the allocation factor by the acreage of upland cotton planted for harvest on the farms for which individual farm program acreages are required to be determined. "(B) The individual farm program acreage may not be further reduced by application of the allocation factor if the producers reduce the acreage of upland cotton planted for harvest on the farm from the crop acreage base established for the farm under title V by at least the percentage recommended by the Secretary in the proclamation of the national program acreage.

f au: ^

Prohibition.

7 USC 1461.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/304

 99 STAT. 1414

7 USC 1461.

Post, p. 1509.

Prohibition.

Conservation. Regulations.

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(C) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of upland cotton planted for harvest is less than the crop acreage base established for the farm under title V, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. "(D) In establishing the allocation factor for upland cotton, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the forgoing provisions of this subsection. "(e) The farm program payment yields for farms for each crop of upland cotton shall be determined under title V. "(fKlXA) Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of upland cotton, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of upland cotton an acreage limitation program as described in paragraph (2). "(B) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 1231 of the Food Security Act of 1985. "(C) If the Secretary elects to put an acreage limitation program into effect for any crop year, the Secretary shall announce any such program not later than November 1 of the calendar year preceding the year in which the crop is harvested, except that in the case of the 1986 crop, such announcement shall be made as soon as practicable after the enactment of the Food Security Act of 1985. "(D) The Secretary shall, to the maximum extent practicable, carry out an acreage limitation program described in paragraph (2) for a crop of upland cotton in a manner that will result in a carryover of 4 million bales of upland cotton. "(2)(A) If a upland cotton acreage limitation program is announced under paragraph (1), such limitation shall be achieved by applying a uniform percentage reduction (not to exceed 25 percent) to the upland cotton crop acreage base for the crop for each upland cotton-producing farm. "(B) Except as provided in subsection (g), producers who knowingly produce upland cotton in excess of the permitted upland cotton acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for upland cotton loans and payments with respect to that farm. "(C) Upland cotton crop acreage bases for each crop of upland cotton shall be determined under title V. "(D)(i) A number of acres on the farm shall be devoted to conservation uses, in accordance with regulations issued by the Secretary. Such number shall be determined by dividing— "(I) the product obtained by multiplying the number of acres required to be withdrawn from the production of upland cotton times the number of acres planted to such commodity; by "(II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. "(ii) The number of acres determined under clause (i) is hereafter in this subsection referred to as 'reduced acreage'. "(E) If an acreage limitation program is announced under paragraph (1) for a crop of upland cotton, subsection (d) shall not be applicable to such crop, including any prior announcement that may

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/305

 --^*5||'r

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1415

have been made under such subsection with respect to such crop. Except as provided in subsection (c)(l)(B), the individual farm program acreage shall be the acreage planted on the farm to upland cotton for harvest within the permitted upland cotton acreage for the farm as established under this paragraph. "(3)(A) The regulations issued by the Secretary under paragraph (2) with respect to acreage required to be devoted to conservation uses shall assure protection of such acreage from weeds and wind and water erosion. "(B) Subject to subparagraph (C), the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, hay and grazing, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increeise the cost of the price support program, and will not affect farm income adversely. "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to— "(I) hay and grazing, in the case of the 1986 crop of upland cotton; and "(II) grazing, in the case of each of the 1987 through 1990 crops of upland cotton. "(ii) Haying and grazing shall not be permitted for any crop of upland cotton under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act. "(4)(A) The Secretary may make land diversion payments to producers of upland cotton, whether or not an acreage limitation program for upland cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of upland cotton to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. "(B) 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. "(C) 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. "(5)(A) The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity

Regulations. Conservation.

Prohibition.

16 USC 590h. Conservation. Contracts.

Contracts.

Wildlife refuge.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/306

 99 STAT. 1416

Regulations.

Contracts.

Contracts.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

with standards established by the Secretary in consultation with wildlife agencies. "(B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). "(C) The Secretary may 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. "(7)(A) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. "(B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. "(g)(l) The Secretary may, for each of the 1986 through 1990 crops of upland cotton, make payments available to producers who meet the requirements of this subsection. "(2) Such pa3mients shall be— "(A) made in the form of upland cotton owned by the Commodity Credit Corporation; and "(B) subject to the availability of such upland cotton. "(3)(A) Pajmients under this subsection shall be determined in the same manner as provided in subsection (b). "(B) The quantity of upland cotton to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. "(4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer— "(A) agrees to forgo obtaining a loan under subsection (a); "(B) agrees to forgo receiving payments under subsection (c); "(C) does not plant upland cotton for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f); and "(D) otherwise complies with this section. "(h)(l) If 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 and pa3mients, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines are equitable in relation to the seriousness of the failure. "(2) The Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. "(i) The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. "(j) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/307

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1417

"(k) The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)) (relating to assignment of payments) shall apply to payments under this section. (1) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. "(m) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. "(n)(1) Notwithstanding any other provision of law, except as provided in paragraph (2), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans or payments under this section. "(2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base for that commodity. "(3) The Secretary may not require producers on a farm, as a condition of eligibility for loans or payments under this section for such farm, to comply with the terms and conditions of the upland cotton program with respect to any other farm operated by such producers. "(o)(l) 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 percent of the average price of such quality of cotton in such markets for the preceding 36 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 quantity of the special quota shall be equal to 21 y- days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available. "(B) If a special quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established hereunder shall be the smaller of 21 days of domestic mill consumption calculated as set forth in subparagraph (A) or the quantity required to increase the supply to 130 ^ percent of the demand. li "(C) As used in subparagraph (B): "(i) The term 'supply' means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury— "(I) the carryover of upland cotton at the beginning r of the marketing year (adjusted to 480-pound bales) in which the special quota is established; plus "(II) production of the current crop; plus !..-.. "(Ill) imports to the latest date available during the marketing year. "(ii) The term 'demand' means— 'i "(I) the average seasonally adjusted annual rate of • •" r domestic mill consumption in the most recent 3 months a for which data are available; plus "(II) the larger of— "(aa) average exports of upland cotton during the preceding 6 marketing years; or
 * <r

t

Prohibition.

Prohibition.

President of U.S. Imports.

 * i;

Imports.
 * v

�


text:
Page:Dictionary of National Biography volume 44.djvu/20

 in September 1554. He was buried at Paston on 26 Sept., and his will (P.P.C. More 15) was proved on 4 Dec. of the same year. He married Bridget, daughter of Sir Henry Heydon of Baconsthorpe, Norfolk. By her he left two sons, of whom the second, Clement, is separately noticed.

The eldest son, Erasmus Paston, died in his father's lifetime, in 1540, and was buried at Paston on 6 Nov. of that year. He had married Mary, daughter of Sir Thomas Wyndham of Felbrigg, Norfolk; she lived until 1596, and by her he had a son, (1528–1610), who was knighted on 22 Aug. 1578, and is famous as the founder of North Walsham grammar school. He succeeded to the property of his grandfather in 1540, and of his uncle Clement in 1597. In the latter year he removed to the new house which Sir Clement Paston had built at Oxnead; and Caistor, which the Paston family had had such difficulty to keep in the fifteenth century, was suffered to fall into ruin. He died on 20 Oct. 1610, and was buried in the church at North Walsham. A portrait is at North Walsham, and another, said to be by Zucchero, was at Empingham Rectory, Rutland. He settled 40l. per annum on the school, with 10l. for a weekly lecturer; he was also a benefactor to Gonville and Caius College, Cambridge. He had married, on 5 May 1551, Frances, daughter of Sir Thomas Clere of Stokesby, Norfolk, and by her he left, with other issue, Christopher, his heir, who became insane in 1611, and who was great-grandfather of Robert Paston, first earl of Yarmouth [q. v.]

[For Sir John Paston the introduction to the third volume of Gairdner's Paston Letters supplies full information; see also Dawson Turner's Hist. Sketch of Caistor; Letters, &c., Richard III and Henry VII, ed. Gairdner (Rolls Ser.) i. 410; Campbell's Materials for the Hist. of Henry VII (Rolls Ser.) i. 158, &c. (the William Paston referred to in this authority is Sir John Paston's uncle, not his son), ii. 135, &c. For the others, Letters and Papers of Henry VIII; Chron. of Calais (Camd. Soc.), pp. 22, 42, 174; Ordinances of the Privy Council, ed. Nicolas, vii. 49; Sharp's Royal Descent, &c., pp. 11–13; Blomefield's Norfolk, iv. 491.]

PASTORINI, BENEDICT (BENEDETTO) (fl. 1775–1810), draughtsman and engraver, a native of Italy, came to England, where he obtained employment as a decorator of ceilings in the style then in vogue. He also studied stipple engraving under Francesco Bartolozzi [q. v.], and executed some very successful plates in this manner, mostly subjects after Angelica Kauffmann, Zucchi, Rigaud, and others, but including a full-length portrait of Mrs. Billington after Sir Joshua Reynolds. Pastorini published in 1775 a very scarce set of ten engravings, entitled ‘A New Book of Designs for Girandoles and Glass Frames in the Present Taste.’ He exhibited two drawings for ceilings at the Royal Academy in 1775 and 1776. He also engraved some caricatures in aquatint. When the Society of Engravers was formed in 1803 to protect engravers and their widows and orphans, Pastorini was one of the first governors, the qualification being the contribution of a plate worth seventy-five guineas. It was this society which led to the foundation of the Artists' Benevolent Fund in 1810, and as Pastorini's name does not appear among the governors then, it is probable that his death had taken place before the latter date. Two members of his family, F. E. and J. Pastorini, practised as miniature-painters, and exhibited miniatures at the Royal Academy from 1812 to 1834. The latter died in Newman Street, London, on 3 Aug. 1839, aged 66.

[Redgrave's Dict. of Artists; Pye's Patronage of British Art; Tuer's Bartolozzi and his Works; Royal Academy Catalogues, with manuscript notes by J. H. Anderdon.]

PASTORIUS, FRANCIS DANIEL (1651–1719?), New England settler, born in Sommerhausen, Frankenland, Germany, on 26 Sept. 1651, was son of Melchior Adam Pastorius, judge of Windsheim. In 1668 he entered the university of Altorf, afterwards studied law at Strasburg, Basle, and Jena, and at Ratisbon obtained a practical knowledge of international polity. On 23 Nov. 1676 he received the degree of doctor of law at Nuremberg. In 1679 he was a law lecturer at Frankfort, where he became deeply interested in the teachings of the pastor Spener, the founder of Pietism. In 1680 and 1681 he accompanied Johannes Bonaventura von Rodeck, on Spener's recommendation, in his travels through France, England, Ireland, and Italy, returning to Frankfort in 1682. Having joined the sect of the pietists, he devised, with some of his co-religionists, a plan for emigrating to Pennsylvania. They purchased twenty-five thousand acres, but abandoned the intention of colonising the land themselves. Pastorius, who acted as their agent, had made the acquaintance of William Penn in England, and became a convert to the quaker doctrines. He was commissioned by his associates, who in 1683 organised themselves as the Frankfort Land Company, and by some merchants of Crefeld, who had acquired fifteen thousand acres, to


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/308

 99 STAT. 1418 Exports.

PUBLIC LAW 99-198—DEC. 23, 1985

"(bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the special quota is established. "(D) When a special quota is established under this subsection, cotton may be entered under such quota during the 90-day period beginning on the effective date of the proclamation. "(2) Notwithstanding paragraph (1), a special quota period may not be established that overlaps an existing quota period.". SUSPENSION OF BASE ACREAGE ALLOTMENTS, MARKETING QUOTAS, AND RELATED PROVISIONS

Prohibition. SEC. 502. Sections 342, 343, 344, 345, 346, and 377 of the Agricul^«f| P 818. tural Adjustment Act of 1938 (7 U.S.C. 1342-1346 and 1377) shall not ' ^^ ^^^^ "°*^ be applicable to any of the 1986 through 1990 crops of upland cotton. COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS

SEC. 503. Effective only with respect to the period beginning August 1, 1978, and ending July 31, 1991, the tenth sentence of section 407 of the Agricultural Act of 1949 (7 U.S.C. 1427) is amended by striking out all of that sentence through the words "110 per centum of the loan rate, and (2)" and inserting in lieu thereof the following: "Notwithstanding any other provision of law, (1) the Commodity Credit Corporation shall sell upland cotton for unrestricted use at the same prices as it sells upland cotton for export, in no event, however, at less than (A) 115 percent of the loan rate for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) adjusted for such current market differentials reflecting grade, quality, location, and other value factors as the Secretary determines appropriate plus reasonable carrying charges, or (B) if the Secretary permits the repa3mient of loans made for a crop of cotton at a rate that is less than the loan level determined for such crop, 115 percent of the average loan repayment rate that is determined for such crop during the period of such loans, and (2)". MISCELLANEOUS COTTON PROVISIONS Prohibition. 7 USC 1446d note.

SEC. 504. Sections 103(a) and 203 of the Agricultural Act of 1949 (7 U.S.C. 1444(a) and 1446d) shall not be applicable to the 1986 through 1990 crops. 5^ SKIPROW PRACTICES

SEC. 505. Section 374(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1374(a)) is amended by striking out "1985" and inserting in lieu thereof "1990". P R E U M I N A R Y ALLOTMENTS FOR 1991 CROP OF UPLAND COTTON

7 USC 1342 note.

SEC. 506. Notwithstanding any other provision of law, the permanent State, county, and farm base acreeige gdlotments for the 1977 crop of upland cotton, adjusted for any underplantings in 1977 and reconstituted as provided in section 379 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379), shall be the preliminary allotments for the 1991 crop.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/309

 '^•"ff^

PUBLIC LAW 99-198—DEC. 23, 1985 -*IC)?!i

 * o r

EXTRA LONG STAPLE COTTON

99 STAT. 1419 ,

SEC. 507. Section 103(h) of the Agricultural Act of 1949 (7 U.S.C. 1444(h)) is amended— Ante, p. 488. (1) in paragraph (2)— (A) in the first sentence, by striking out "50 per centum in excess of the loan level established for each crop of Strict Low Middling one ^nd one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States" and inserting in lieu thereof "85 percent of the simple average price received by producers of extra long ,. staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 in the year in which the loan level is announced, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period."; (B) by striking out "November" in the last sentence and inserting in lieu thereof "December"; and _ _ . (C) by striking out in the last sentence ", or within 10 J„;:j days after the loan level for the related crop of upland ' " cotton is announced, whichever is later,"; and (2) by adding at the end thereof the following new paragraph: "(19) Notwithstanding any other provision of law, this subsec- Prohibition, tion shall not be applicable to the 1991 and subsequent crops of extra long staple cotton.". TITLE VI—RICE LOAN RATES, TARGET PRICES, DISASTER PAYMENTS, ACREAGE LIMITATION PROGRAM, AND LAND DIVERSION FOR THE 1986 THROUGH 1990 CROPS OF RICE

SEC. 601. Effective only for the 1986 through 1990 crops of rice, the Agricultural Act of 1949 is amended by inserting after section 101 (7 U.S.C. 1441) the following new section: "SEC. lOlA. Notwithstanding any other provision of law: "(a)(1) Except as provided in paragraph (2), the Secretary shall make available to producers loans and purchases for each of the 1986 through 1990 crops of rice at a level that is not less than— "(A) in the case of the 1986 crop of rice, $7.20 per hundredweight; and "(B) in the case of each of the 1987 through 1990 crops of rice, the higher of— "(i) 85 percent of the simple average price received by producers, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of rice, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; or "(ii) $6.50 per hundredweight. "(2) The loan level for a crop of rice determined under paragraph (I)(B) may not be reduced by more than 5 percent from the loan level determined for the preceding crop. "(3) The loan and purchase level and the established price for each of the 1986 through 1990 crops of rice shall be announced not later than January 31 of each calendar year for the crop harvested in such calendar year.

7 USC 1441-1.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/310

 99 STAT. 1420

Regulations.

Regulations.

Contracts.

PUBLIC LAW 99-198—DEC. 23, 1985

"(4) A loan made under this section shall have a term of not more than 9 months beginning after the month in which the application for the loan is made. "(5)(A) The Secretary shall permit a producer to repay a loan made under paragraph (1) for a crop at a level that is the lesser of— "(i) the loan level determined for such crop; or "(ii) the higher of— "(I) the loan level determined for such crop multiplied by 50 percent for each of the 1986 and 1987 crops, 60 percent for the 1988 crop, and 70 percent for each of the 1989 and 1990 crops; or "(II) the prevailing world market price for rice, as determined by the Secretary. "(B) The Secretary shall prescribe by regulation— "(i) a formula to define the prevailing world market price for rice; and "(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for rice. "(C)(i) As a condition of permitting a producer to repay a loan as provided in subparagraph (A), the Secretary may require a producer to purchase marketing certificates equal in value to an amount that does not exceed one-half the difference, as determined by the Secretary, between the amount of the loan obtained by the producer and the amount of the loan repayment. Such certificates shall be negotiable. "(ii) Such certificates shall be redeemable for rice owned by the Commodity Credit Corporation valued at the prevailing market price, as determined by the Secretary. If such rice is not available in the State in which the rice pledged as collateral for the loan was produced or at such other location outside of such State as may be approved by the owner of such certificate, such certificate shall be redeemable in cash. "(iii) The Commodity Credit Corporation, under regulations prescribed by the Secretary, shall assist any person receiving marketing certificates under this subparagraph in the redemption or marketing of such certificates. Insofar as practicable, the Secretary shall permit an owner of a certificate to designate the storage facility at which such owner would prefer to receive rice in exchange for such certificate. "(iv) If any such certificate is not presented for redemption or marketing within a reasonable number of days after issuance, as determined by the Secretary, reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. "(6) For purposes of this section, the simple average price received by producers for the immediately preceding marketing year shall be based on the latest information available to the Secretary at the time of the determination. "(b)(1) The Secretary may, for each of the 1986 through 1990 crops of rice, make payments available to producers who, although eligible to obtain a loan or purchase agreement under subsection (a), agree to forgo obtaining such loan or agreement in return for such payments. "(2) A payment under this subsection shall be computed by multiplying—

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/311

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1421

«

"(A) the loan payment rate; by "(B) the quantity of rice the producer is eligible to place under loan. "(3) For purposes of this subsection, the quantity of rice eligible to be placed under loan may not exceed the product obtained by multiplying— "(A) the individual farm program acreage for the crop; by "(B) the farm program payment jdeld established for the farm. "(4) For purposes of this subsection, the loan payment rate shall be the amount by which— "(A) the loan level determined for such crop under subsection (a); exceeds "(B) the level at which a loan may be repgiid under subsection (a). "(5) The Secretary shall make up to one-half the amount of a payment under this subsection available in the form of negotiable marketing certificates, subject to the terms and conditions provided in subsection (a)(SXC). "(c)(l)(A) The Secretary shall make available to producers payments for each of the 1986 through 1990 crops of rice in an amount computed by multiplying— "(i) the payment rate; by "(ii) the individual farm program acreage; by "(iii) the farm program payment yield established for the crop for the farm. "(B)(i) If an acreage limitation program under subsection (fK2) is in effect for a crop of rice and the producers on a farm devote a portion of the permitted rice acreage of the farm (as determined in accordance with subsection (fK2XA)) equal to more than 8 percent of the permitted rice acreage of the farm for the crop to conservation uses or nonprogram crops— "(I) such portion of the permitted rice acreage in excess of 8 percent of such acreage devoted to conservation uses or nonprogram crops shall be considered to be planted to rice for the purpose of determining the individual farm program acreage in accordance with subsection (fK2XE) and for the purpose of determining the acreage on the farm required to be devoted to conservation uses in accordance with subsection (fK2XD); and "(II) the producers shall be eligible for payments under this paragraph on such acreage, subject to the compliance of the producers with clause (ii). "(ii) To be eligible for payments under clause (i), except as provided in clause (iii), the producers on the farm must actually plant rice for harvest on at least 50 percent of the permitted rice acreage of the farm. "(iii) If a State or local agency has imposed in an area of a State or county a quarantine on the planting of rice for harvest on farms in such area, the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may recommend to the Secretary that payments be made under this paragraph, without regard to the requirement imposed under clause (ii), to producers in such area who were required to forgo the planting of rice for harvest on acreage to alleviate or eliminate the condition requiring such quarantine. If the Secretary determines that such condition exists, the Secretary may make payments under this paragraph to such producers. To be eligible for payments under

Prohibition.

Conservation.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/312

 99 STAT. 1422

Prohibition. Conservation.

Prohibition.

Conservation.

Prohibition.

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

this clause, such producers may not plant wheat, feed grains, cotton, or soybeans on such acreage. "(iv) The rice crop acreage base and rice farm program payment yield of the farm shall not be reduced due to the fact that such portion of the permitted acreage of the farm was devoted to conserving uses or nonprogram crops. "(v) Other than as provided in clauses (i) through (iv), payments may not be made under this subsection for any crop on a greater acreage than the acreage actually planted to rice. "(vi) Any acreage considered to be planted to rice in accordance with clause (i) may not also be designated as conservation use acreage for the purpose of fulfilling any provisions under any acreage limitation or land diversion program requiring that the producers devote a specified acreage to conservation uses. "(C) The payment rate for rice shall be the amount by which the established price for the crop of rice exceeds the higher of— "(i) the national average market price received by producers during the first 5 months of the marketing year for such crop, as determined by the Secretary; or "(ii) the loan level determined for such crop. "(D) The established price for rice shall not be less than $11.90 per hundredweight for the 1986 crop, $11.66 per hundredweight for the 1987 crop, $11.30 per hundredweight for the 1988 crop, $10.95 per hundredweight for the 1989 crop, and $10.71 per hundredweight for the 1990 crop. "(E) The total quantity of rice on which payments would otherwise be payable to a producer on a farm for any crop under this subsection shall be reduced by the quantity on which any disaster payment is made to the producer for the crop under paragraph (2). "(F) The Secretary may pay not more than 5 percent of the total amount of a payment made under this paragraph in the form of rice. The use of rice in making payments to producers shall be subject to a determination by the Secretary of the effect that such in-kind payments will have on market prices for any commodity. The Secretary shall report such determination to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(G) As used in this subsection, the term 'nonprogram crop' means any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. "(2)(A)(i) Except as provided in subparagraph (C), if the Secretary determines that the producers on a farm are prevented from planting any portion of the acreage intended for rice to rice or other nonconserving crops because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the Secretary shall make a prevented planting disaster payment to the producers in an amount equal to the product obtained by multiplying— "(I) the number of acres so affected but not to exceed the acreage planted to rice for harvest (including any acreage that the producers were prevented from planting to rice or other nonconserving crops in lieu of rice because of drought, flood, or other natural disaster, or other condition beyond the control of the producers) in the immediately preceding year; by "(II) 75 percent of the farm program payment yield established for the farm by the Secretary; by

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/313

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1423

"(HI) a payment rate equal to 33 Vz percent of the established price for the crop, "(ii) Payments made by the Secretary under this subparagraph may be made in the form of cash or from stocks of rice held by the Commodity Credit Corporation. "(B) Except as provided in subparagraph (C), if the Secretary determines that because of drought, flood, or other natural disaster, or other condition beyond the control of the producers, the total quantity of rice that the producers are able to harvest on any farm is less than the result of multiplying 75 percent of the farm program payment yield established for the farm for such crop by the acreage planted for harvest for such crop, the Secretary shall make a reduced yield disaster payment to the producers at a rate equal to 33 V percent of the established price for the crop for the deficiency a in production below 75 percent for the crop. "(C) Producers on a farm shall not be eligible for— Prohibition, "(i) prevented planting disaster payments under subparagraph (A), if prevented planting crop insurance is available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to the rice acreage of the producers; or "(ii) reduced yield disaster pa3anents under subparagraph (B), if reduced yield crop insurance is available to the producers under such Act with respect to the rice acreage of the producers. "(D)(i) Notwithstanding subparagraph (C), the Secretary may make a disaster payment to producers on a farm under this subsection if the Secretary determines that— "(I) as the result of drought, flood, or other natural diseister, or other condition beyond the control of the producers, the producers have suffered substantial losses of production either from being prevented from planting rice or other nonconserving crops or from reduced yields; "(II) such losses have created an economic emergency for the producers; "(III) crop insurance indemnity pa3niients under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and other forms of assistance made available by the Federal Government to such producers for such losses is insufficient to alleviate such economic emergency; and "(IV) additional assistance must be made available to such producers to alleviate such economic emergency, "(ii) The Secretary may make such adjustments in the amount of payments made available under this paragraph with respect to an individual farm so as to assure the equitable allotment of such payments among producers, taking into account other forms of Federal disaster assistance provided to the producers for the crop involved. "(d)(l)(A) Except for a crop with respect to which there is an acreage limitation program in effect under subsection (f), the Secretary shall proclaim a national program acreage for each of the 1986 through 1990 crops of rice. The proclamation shall be made not later than January 31 of each calendar year for the crop harvested in that calendar year. "(B) The Secretary may revise the national progrsim acreage first proclaimed for any crop year for the purpose of determining the allocation factor under paragraph (2) if the S e c r e t a ^ determines it necessary based on the latest information. The Secretary shall

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/314

 99 STAT. 1424

Prohibition. 7 USC 1461.

Post, p. 1509.

PUBLIC LAW 99-198—DEC. 23, 1985

proclaim such revised national program acreage as soon as it is made. "(C) The national program acreage for rice shall be the number of harvested acres the Secretary determines (on the basis of the weighted national average of the farm program payment yields for the crop for which the determination is made) will produce the quantity (less imports) that the Secretary estimates will be utilized domestically and for export during the marketing year for such crop. "(D) If the Secretary determines that carryover stocks of rice are excessive or an increase in stocks is needed to assure desirable carryover, the Secretary may adjust the national program acreage by the quantity the Secretary determines will accomplish the desired increase or decrease in carryover stocks. "(2) The Secretary shall determine a program allocation factor for each crop of rice. The allocation factor for rice shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. In no event may the allocation factor for any crop of rice be more than 100 percent nor less than 80 percent. "(3)(A) The individual farm program acreage for each crop of rice shall be determined by multiplying the allocation factor by the acreage of rice planted for harvest on the farms for which individual farm program acreages are required to be determined. "(B) The individual farm program acreage may not be further reduced by application of the allocation factor if the producers reduce the acreage of rice planted for harvest on the farm from the crop acreage base established for the farm under title V by at least the percentage recommended by the Secretary in the proclamation of the national program acreage. "(C) The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of rice planted for harvest is less than the crop acreage base established for the farm under title V, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. "(D) In establishing the allocation factor for rice, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this subsection. "(e) The farm program payment yields for farms for each crop of rice shall be determined under title V. "(fKlXA) Notwithstanding any other provision of this Act, if the Secretary determines that the total supply of rice, in the absence of an acreage limitation program, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices and to meet a national emergency, the Secretary may provide for any crop of rice an acreage limitation program as described in paragraph (2). "(B) In making a determination under clause (i), the Secretary shall take into consideration the number of acres placed in the conservation acreage reserve established under section 1231 of the Food Security Act of 1985. "(C) If the Secretary elects to put an acreage limitation program into effect for any crop year, the Secretary shall announce any such program not later than January 31 of the calendar year in which the crop is harvested.

�


text: All Quiet along the Potomac and other poems/Picking Hops


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/315

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1425

"(D) The Secretary shall, to the maximum extent practicable,
 * u'.

carry out an acreage limitation program described in paragraph (2) for a crop of rice in a manner that will result in a carryover of 30 million hundredweight of rice. "(2)(A) If a rice acreage limitation program is announced under pargigraph (1), such limitation shall be achieved by appljang a uniform percentage reduction (not to exceed 35 percent) to the rice crop acreage base for the crop for each rice-producing farm. "(B) Except as provided in subsection (g), producers who knowingly produce rice in excess of the permitted rice acreage for the farm, as established in accordance with subparagraph (A), shall be ineligible for rice loans, purchases, and payments with respect to that farm. "(C) Rice crop acreage bases for each crop of rice shall be determined under title V. 7 USC 1461. "(D)(i) A number of acres on the farm shall be devoted to conserva- Conservation. tion uses, in accordance with regulations issued by the Secretary. Regulations. Such number shall be determined by dividing— "(I) the product obtained by multiplying the number of acres required to be withdrawn from the production of rice times the number of acres planted to such commodity; by "(II) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary. "(ii) The number of acres determined under clause (i) is hereafter in this subsection referred to as 'reduced acreage'. "(E) If an acreage limitation program is announced under para- Prohibition. graph (1) for a crop of rice, subsection (d) shall not be applicable to such crop, including any prior announcement that may have been made under such subsection with respect to such crop. Except as provided in subsection (c)(l)(B), the individual farm program acreage shall be the acreage planted on the farm to rice for harvest within the permitted rice acreage for the farm as established under this paragraph. "(3)(A) The regulations issued by the Secretary under paragraph Regulations. (2) with respect to acreage required to be devoted to conservation Conservation. uses shall assure protection of such acreage from weeds and wind and water erosion. "(B) Subject to subparagraph (C), the Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage to be devoted to sweet sorghum, hay and grazing, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to— "(I) hay and grazing, in the case of the 1986 crop of rice; and "(II) grazing, in the case of each of the 1987 through 1990 crops of rice.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/316

 99 STAT. 1426 Prohibition. 16 USC 590h. Conservation. Contracts.

Contracts.

Wildlife refuge.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

"(ii) Haying and grazing shall not be permitted for any crop of rice under clause (i) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act. "(4)(A) The Secretary may make land diversion payments to producers of rice, whether or not an acreage limitation program for rice is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of rice to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. "(B) 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 6f 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. "(C) 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. "(5)(A) The reduced acreage and additional diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. "(B) The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of subparagraph (A). "(C) The Secretary may 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. "(7)(A) An operator of a farm desiring to participate in the program conducted under this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. "(B) The Secretary may, by mutual agreement with producers on a farm, terminate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. "(g)(1) The Secretary may, for each of the 1986 through 1990 crops of rice, make payments available to producers who meet the requirements of this subsection. "(2) Such payments shall be— "(A) made in the form of rice owned by the Commodity Credit Corporation; and "(B) subject to the availability of such rice. "(3)(A) Payments under this subsection shall be determined in the same manner as provided in subsection (b).

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/317

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1427

"(B) The quantity of rice to be made available to a producer under this subsection shall be equal in value to the payments so determined under such subsection. "(4) A producer shall be eligible to receive a payment under this subsection for a crop if the producer— "(A) agrees to forgo obtaining a loan or purchase agreement under subsection (a); "(B) agrees to forgo receiving payments under subsection (c); "(C) does not plant rice for harvest in excess of the crop acreage base reduced by one-half of any acreage required to be diverted from production under subsection (f); and "(D) otherwise complies with this section. "(h)(1) If the failure of a producer to comply fully with the terms and conditions of the program 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 are equitable in relation to the seriousness of the failure. "(2) The Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or modify deadlines and other program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. "(i) The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. "(j) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. "(k) The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)) (relating to assignment of payments) shall apply to payments under this section. '(1) The Secretary shall provide for the sharing of payments made under this section for any farm among the producers on the farm on a fair and equitable basis. "(m) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. "(n)(l) Notwithstanding any other provision of law, except as provided in paragraph (2), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans, purchases, or payments under this section. "(2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans, purchases, or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base established for the farm for that commodity. "(3) The Secretary may not require producers on a farm, as a condition of eligibility for loans, purchases, or payments under this section for such farm, to comply with the terms and conditions of the rice program with respect to any other farm operated by such producers.". MARKETING LOAN FOR THE 1985 CROP OF RICE

SEC. 602. Effective for the 1985 crop of rice, section 101(i)(l) of the Agricultural Act of 1949 (7 U.S.C. 1441(i)(l)) is amended—

Regulations.

Prohibition.

Prohibition.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/318

 99 STAT. 1428

Regulations.

Regulations.

Contracts.

PUBLIC LAW 99-198—DEC. 23, 1985

(1) by inserting "(A)" after the paragraph designation; and (2) by adding at the end thereof the following new subparagraphs: "(B)(i) Beginning April 15, 1986, the Secretary shall permit an eligible producer to repay a loan made under subparagraph (A) with respect to the 1985 crop at a level that is the lesser of— "(I) the loan level determined for such crop; or "(II) the prevailing world market price for rice, as determined by the Secretary. "(ii) The Secretary shall prescribe by regulation— "(I) a formula to define the prevailing world market price for rice; and "(II) a mechanism by which the Secretary shall announce periodically the prevailing world market price for rice, "(iii) To be eligible to repay a loan in accordance with clause (i), a producer must have a loan made under subparagraph (A) outstanding on April 15, 1986. "(iv) A loan made under this subsection shall have a term of not more than 9 months beginning after the month in which the application for the loan is made. The Secretary may extend the maturity date of loans made for the 1985 crop of rice as necessary to permit the orderly marketing of such rice. "(v) As a condition to permitting a producer to repay a loan as provided in this subparagraph, the Secretary may require a producer to purchase negotiable marketing certificates equal in value to an amount that does not exceed the difference, as determined by the Secretary, between the amount of the loan obtained by the producer and the amount of the loan repayment. Such certificates shall be negotiable. "(vi) Such certificates shall be redeemable for rice owned by the Commodity Credit Corporation valued at the prevailing market price, as determined by the Secretary. If such rice is not available in the State in which the rice pledged as collateral for the loan was produced or at such other location outside of such State as may be approved by the owner of such certificate, such certificate shall be redeemable in cash. "(vii) The Commodity Credit Corporation, under regulations prescribed by the Secretary, shall assist any person receiving marketing certificates under this subparagraph in the redemption or marketing of such certificates. Insofar as practicable, the Secretary shall permit an owner of a certificate to designate the storage facility at which such owner would prefer to receive rice in exchange for such certificate. "(viii) If any such certificate is not presented for redemption or marketing within a reasonable number of days after issuance, as determined by the Secretary, reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. "(C)(i) Beginning April 15, 1986, the Secretary shall, for the 1985 crop of rice, make payments available to— "(I) producers who have produced rice, and although eligible to obtain a loan or purchase agreement under this subsection did not obtain such loan or agreement, and have not sold or delivered such rice under a sales contract; and

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/319

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1429

"(ID producers who have produced rice that is not eligible to Contracts. be placed under loan and have not sold or delivered such rice under a sales contract, "(ii) A payment under this subparagraph shall be computed by multiplying— "(I) the loan payment rate; by "(II) the quantity of rice the producer has not sold or deliv- Contracts. ered under a sales contract, "(iii) For purposes of this subparagraph, the loan payment rate shall be the amount by which— "(I) the loan level determined for the 1985 crop; exceeds "(II) the level at which a loan may be repaid under subparagraph (B). "(iv) The Secretary may make all or part of a payment under this subparagraph in the form of negotiable marketing certificates, subject to the terms and conditions provided in subparagraph (B). "(D) The payment limitation provided in section 1101 of the Prohibition. Agriculture and Food Act of 1981 (7 U.S.C. 1308) shall not apply to— "(i) any gain realized by a producer from repaying a loan for the 1985 crop of rice at the rate permitted under subparagraph (B); or "(ii) any payment received for a crop of rice under subparagraph (C).". MARKETING CERTIFICATES

SEC. 603. (a) Notwithstanding any other provision of law, whenever, during the period beginning August 1, 1986, and ending July 31, 1991, the world price for a class of rice (adjusted to United States qualities and location), as determined by the Secretary of Agriculture, is below the current loan repayment rate for that class of rice, to make United States rice competitive in world markets and to maintain and expand exports of rice produced in the United States, the Commodity Credit Corporation, under such regulations as the Secretary may prescribe, shall make payments, through the issuance of negotiable marketing certificates, to persons who have entered into an agreement with the Commodity Credit Corporation to participate in the program established under this section. Such payments shall be made in such monetary amounts and subject to such terms and conditions as the Secretary determines will make rice produced in the United States available at competitive prices consistent with the purposes of this section, including such payments as may be necessary to make rice in inventory on August 1, 1986, available on the same basis. (b) The value of each certificate issued under subsection (a) shall be based on the difference between— (1) the loan repayment rate for the class of rice; and (2) the prevailing world market price for the class of rice, as determined by the Secretary of Agriculture under a published f formula submitted for public comment before its adoption. (c) The Commodity Credit Corporation, under regulations prescribed by the Secretary of Agriculture, may assist any person receiving marketing certificates under this section in the redemption of certificates for cash, or marketing or exchange of such certificates for (1) rice owned by the Commodity Credit Corporation or (2) (if the Secretary and the person agree) other agricultural commodities or the products thereof owned by the Commodity Credit Corporation, at such times, in such manner, and at such price

7 USC I44i-ia.

,

,

-.

Regulations.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/320

 99 STAT. 1430 Prohibition.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

levels as the Secretary determines will best effectuate the purposes of the program established under this section. Notwithstanding any other provision of law, any price restrictions that may otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this section. (d) Insofar as practicable, the Secretary shall permit owners of certificates to designate the commodities and the products thereof, including storage sites thereof, such owners would prefer to receive in exchange for certificates. If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of such certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after such reasonable number of days and ending with the date of the presentation of such certificate to the Commodity Credit Corporation. (e) The Secretary of Agriculture shall take such measures as may be necessary to prevent the marketing or exchange of agricultural commodities and the products thereof for certificates under this section from adversely affecting the income of producers of such commodities or products. (f) Under regulations prescribed by the Secretary of Agriculture, certificates issued to rice exporters under this section may be transferred to other exporters and persons approved by the Secretary. TITLE VII—PEANUTS SUSPENSION OF MARKETING QUOTAS AND ACREAGE ALLOTMENTS

Prohibition. Ante, p. 818.

SEC. 701. The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 1986 through 1990 crops of peanuts: (1) Subsections (a) through 0') of section 358 (7 U.S.C. 1358(a)-

7 USC 1358 note.

(j)).

7 USC l358a note. 7 USC 1359 note.

(2) Subsections (a) through (h) of section 358a (7 U.S.C. 1358a(a)-(h)). (3) Subsections (a), (b), (d), and (e) of section 359 (7 U.S.C. 1359 (a),(b),(d),(e)). (4) Part I of Subtitle C of title III (7 U.S.C. 1361 et seq.). (5) Section 371 (7 U.S.C. 13711

7 USC note prec. 1361. 7 USC 1371 note.

NATIONAL POUNDAGE QUOTA AND FARM POUNDAGE QUOTA

Prohibition. Ante, p. 818.

SEC. 702. Effective only for the 1986 through 1990 crops of peanuts, section 358 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358) is amended by adding at the end thereof the following: "(q)(l) The national poundage quota for peanuts for each of the 1986 through 1990 marketing years shall be established by the Secretary at a level that is equal to the quantity of peanuts (in tons) that the Secretary estimates will be devoted in each such marketing year to domestic edible, seed, and related uses, except that the national poundage quota for any such marketing year shall not be less than 1,100,000 tons. "(2) The national poundage quota for a marketing year shall be announced by the Secretary not later than December 15 preceding such marketing year.

�


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/321

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1431

"(r) The national poundage quota established under subsection (q) shall be apportioned among the States so that the poundage quota allocated to each State shall be equal to the percentage of the national poundage quota allocated to farms in the State for 1985. i «><! "(s)(l)(A) A farm poundage quota for each of the 1986 through 1990 marketing years shall be established— "(i) for each farm that had a farm poundage quota for peanuts for the 1985 marketing year; and "(ii) if the poundage quota apportioned to a State under subsection (r) for any such marketing year is larger than such quota for the immediately preceding marketing year, for each other farm on which peanuts were produced for marketing in at least 2 of the 3 immediately preceding crop years, as determined by the Secretary. "(B) The farm poundage quota for each of the 1986 through 1990 marketing years for each farm described in subparagraph (A)(i) of the preceding sentence shall be the same as the farm poundage quota for such farm for the immediately preceding marketing year, as adjusted under paragraph (2), but not including— "(i) any increases for undermarketings from previous years; or "(ii) any increases resulting from the allocation of quotas voluntarily released for 1 year under paragraph (7). The farm poundage quota, if any, for each of the 1986 through 1990 marketing years for each farm described in subparagraph (A)(ii) shall be equal to the quantity of peanuts allocated to such farm for such year under paragraph (2). "(C) For purposes of this paragraph, if the farm poundage quota, or any part thereof, is permanently transferred in accordance with section 358a, the receiving farm shall be considered as possessing Post, p. 1434. the farm poundage quotas (or portion thereof) of the transferring farm for all subsequent marketing years. "(2)(A) If the poundage quota apportioned to a State under subsection (r) for any of the 1986 through 1990 marketing years is increased over the poundage quota apportioned to the State for the immediately preceding marketing year, such increase shall be allocated equally among— "(i) all farms in the State for each of which a farm poundage quota was established for the marketing year immediately r^^^ preceding the marketing year for which the allocation is being "'* made; and "(ii) all other farms in the State on each of which peanuts were produced in at least 2 of the 3 immediately preceding crop years, as determined by the Secretary. "(B) If the poundage quota apportioned to a State under subsection (r) for any of the 1987 through 1990 marketing years is decreased from the poundage quota apportioned to the State under such subsection for the immediately preceding marketing year, such decrease shall be allocated among all the farms in the State for each of which a farm poundage quota was established for the marketing year immediately preceding the marketing year for which the allocation is being made. "(3)(A) Insofar as practicable and on such fair and equiteble basis Regulations, as the Secretary may by regulation prescribe, the farm poundage quota established for a farm for any of the 1986 through 1990 marketing years shall be reduced to the extent that the Secretary determines that the farm poundage quota established for the farm

51-194 O - 88 - 11: QL. 3

Part 2

�