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Page:United States Statutes at Large Volume 79.djvu/1214

 1174

PUBLIC LAW 89-316-NOV. 2, 1965

[79 STAT.

CONSERVATION RESERVE PROGRAM

3^stS^*552^ 1;

For necessary expenses to carry out a conservation reserve program as authorized by subtitles B and C of the Soil Bank Act (7 U.S.C. 1831-1837, 1802-1814, and 1816), and to carry out liquidation activities for the acreage reserve program, to remain available until expended, $146,000,000, with which may be merged the unexpended balances of funds heretofore appropriated for soil bank programs: Provided, That no part of these funds shall be paid on any contract which is illegal under the law due to the division of lands for the purpose of evading limits on annual payments to participants. E M E R G E N C Y CONSERVATION M E A S U R E S

7 1 Stat. 176.

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriation Act, 1957, to remain available until expended, $24,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures. RURAL COMMUNITY DEVELOPMENT SERVICE SALARIES AND EXPENSES

58 Stat. 742. 60 Stat. 810.

For necessary expenses, not otherwise provided for,, of the Rural Community Development Service in providing leadership, coordination, liaison, and related services in the rural areas development activities of the Department, $625,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence ^f gection 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $3,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). OFFICE or THE INSPECTOR GENERAL SALARIES AND E X P E N S E S

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574) and not to exceed $10,000 for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $10,491,000. OFFICE OF THE GENERAL COUNSEL SALARIES AND EXPENSES

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $4,184,000. OFFICE OF INFORMATION SALARIES AND EXPENSES

For necessary expenses of the Office of Information for the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $1,689,000, of which total appropriation not to exceed $537,000

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PUBLIC LAW 89-316-NOV. 2, 1965

may be used for farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be available to be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they shall direct (7 XJ.S.C. 417), and not less than two hundred and thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by section 73 of the Act of January 12, 1895 (44 U.S.C. 241): Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $10,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). NATIONAL AGRICULTURAL LIBRARY SALARIES AND EXPENSES

For necessary expenses of the National Agricultural Library, $1,699,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $35,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). LIBRARY FACILITIES

For construction and furnishing of facilities for the National Agricultural Library, to remain available until expended, $7,000,000, with which shall be merged the unexpended balance of funds heretofore appropriated under this head. OFFICE OF MANAGEMENT SERVICES SALARIES AND EXPENSES

For necessary expenses to enable the Office of Management Services to provide management support services to selected agencies and offices of the Department of Agriculture, $2,483,000. GENERAL ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of Agriculture and for general administration of the Department of Agriculture, including expenses of the National Agricultural Advisory Commission; repairs and alterations; and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, $3,848,000: Provided, That this appropriation shall be reimbursed from applicable appropriations for travel expenses incident to the holding of hearings as required by the Administrative Procedures Act (5 U.S.C.

1175

^4 Stat. 69o.

^s Stat. 612.

^^ ^*^*- '''^'^^ ^o ^^^^- sio.

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


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Page:The Eurypterida of New York Volume 1.pdf/150

 Embryology] and one of Brauer's figures. Study of these shows that the carapaces of the larval eurypterids have a closer agreement with Limulus than with the scorpions. In the scorpion embryo and larvae the carapace is relatively of larger size than in the eurypterids, being nearly half the length of the embryo, but it is long and slender, instead of short and broad or semicircular as in the merostomes; the procephalic region early, exhibits a deep frontal emargination and, according to Metschnikoff, a distinct bilobation, features that are found in neither Limulus nor the eurypterids, but which are characters of the adult scorpion. Likewise the development of the cephalothoracic appendages, while homologous in number and original position as to the stomodaeum (embryonic mouth) to that of the merostomes, differs from that of the eurypterids and Limulus in the early development of the pedipalps of the second segment, corresponding to their prominence in the adult scorpion. They are even recognizable earlier than the chelicerae of the first segment, while the following four pairs of walking legs are of uniform size and character.

The homology of the appendages of the cephalothorax repeats itself in the abdomen; here again the number is absolutely in agreement


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Page:United States Statutes at Large Volume 79.djvu/1216

 1176 60 Stat. 237.

PUBLIC LAW 89-316-NOV. 2, 1965

[79 STAT.

. provided further, That not to exceed $2,500 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. ^QQ-^^

TITLE II—CEEDIT AGENCIES RURAL ELECTRIFICATION ADMINISTRATION

63'*lta!.^948!"'

To carry into effect the provisions of the Rural Electrification Act ^f 1936, as amended (7 U.S.C. 901-924), as follows: LOAN

61 Stat. 546. 7 USC 90 3.

AUTHORIZATIONS

For loans in accordance with said Act, and for carrying out the provisions of section 7 thereof, to be borrowed from the Secretary of the Treasury in accordance with the provisions of section 3(a) of said Act, as follows: Rural electrification program, $365,000,000, of which $60,000,000 shall be placed in reserve to be borrowed under the same terms and conditions to the extent that such amount is required during the current fiscal year under the then existing conditions for the expeditious and orderly development of the rural electrification program; and rural telephone program, $97,000,000, of which $15,000,000 shall be placed in reserve to be borrowed under the same terms and conditions to the extent that such amount is required during the current fiscal year under the then existing conditions for the expeditious and orderly development of the rural telephone program. SALARIES A N D E X P E N S E S

58 Stat. 742.

For administrative expenses, including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $150,000 for employment under section 15

60 Stat. 810.

of the Act of August 2, 1946 (5 U.S.C. 55a), $11,934,000. FARMERS H O M E ADMINISTRATION DIRECT LOAN ACCOUNT

75 Stat. 307.

Direct loans and advances under subtitles A and B, and advances under section 335(a) for which funds are not otherwise available, of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), as amended, may be made from funds available in the Farmers Home Administration direct loan account as follows: real estate loans, $75,000,000; and operating loans, $300,000,000, of which $50,000,000 shall be placed in reserve to be used only to the extent required during the current fiscal year under the then existing conditions for the expeditious and orderly conduct of the loan program. RURAL H O U S I N G

42 USC 148 6.

FOR DOMESTIC F A R M

LABOR

For financial assistance to public nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (78 Stat. 796-798), $3,000,000, to remain available until expended.

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PUBLIC LAW 89-316-NOV. 2, 1965

1177

RURAL R E N E W A L

For necessary expenses, including administrative expenses, in carrying out rural renewal activities under section 32(e) of title III of the Bankhead-Jones F a r m Tenant Act, as amended, $1,200,000, to remain available until expended. RURAL H O U S I N G FOR THE ELDERLY REVOLVING

5\j|*c*io^/'"

FUND

For loans pursuant to section 515(a) of the Housing Act of 1949, as amended (42 U.S.C. 1485), including advances pursuant to section 335(a) of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1985) in connection with security for such loans, $2,500,000.

76 Stat. 671.

"^^ ^*^*- ^^^•

SALARIES A N D E X P E N S E S

For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), as amended, title V of the Housing Act of 1949, as amended (42 U.S.C. 1471-1484), and the Eural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440-444); $44,000,000, together with not more than $2,250,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farmers Home Administration Act of 1961, as amended, and section 514(b)(3) of the Housing Act of 1949, as amended: Provided, That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this Agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574) to meet unusual or heavy workload increases: Provided further, That no part of any funds in this p a r a ^ a p h may be used to administer a program which makes rUral housing grants pursuant to section 504 of the Housing Act of 1949, as amended. TITLE HI—CORPORATIONS The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each sucih corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: FEDERAL CROP INSURANCE CORPORATION ADMINISTRATIVE AND OPERATING EXPENSES

For administrative and operating expenses, $8,000,000. FEDERAL CROP INSURANCE CORPORATION F U N D

Not to exceed $4,000,000 of administrative and operating expenses may be paid from premium income: Provided, That in the event the Federal Crop Insurance Corporation Fund is insufficient to meet indemnity payments and other charges against such Fund, not to 49-850 0-6fr—77

^^ Stat. 307. " Stat. 432. ^^ ^tat. gg.

7^us*c*'1929.' 75 Stat. ise. '^^ ^^^ ^'^^'^ ^^ s*^*- ^"^2.

63 Stat. 434. 42 USC 1474.

61 Stat. 584. 31 USC 849.

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PUBLIC LAW 89-316-NOV. 2, 1965

[79 STAT.

exceed $250,000 may be borrowed from the Commodity Credit Corporation under such, terms and conditions as the Secretary may prescribe, but repayment of such amount shall include interest at a rate not less than the cost of money to the Commodity Credit Corporation for a comparable period. COMMODITY CREDIT CORPORATION REIMBURSEMENT FOR NET REALIZED LOSSES

75 Stat. 39 1.

To partially reimburse the Commodity Credit Corporation for net realized losses sustained but not previously reimbursed, pursuant to ^he Act of August IT, 1961 (15 U.S.C. 713a-ll, 7l3a-12), $2,800,000,000: Provided, That after June 30, 1964, the portion of borrowings from Treasury equal to the unreimbursed realized losses recorded on the books of the Corporation after June 30 of the fiscal year in which such losses are realized, shall not bear interest and interest shall not be accrued or paid thereon. LIMITATION ON ADMINISTRATIVE

31 USC 665.

Nothing in this Act shall be so construed as to prevent the Commodity Credit Corporation from carrying out any activity or any program authorized by law: Provided, That not to exceed $36,650,000 shall be available for administrative expenses of the Corporation: Provided further, That $945,000 of this authorization shall be available only to expand and strengthen the sales program of the Corporation pursuant to authority contained in the Corporation's charter: Provided further, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: Provided further. That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof. PUBLIC LAW

^l,^;\,4^55;

73 Stat. 610.

EXPENSES

480

For expenses during fiscal year 1966, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701-1709, 1721-1724, 1731-1736), to remain available until expended, as follows: (1) Sale of surplus agricultural commodities for foreign currencies pursuant to title I of said Act, $1,144,000,000; (2) commodities disposed of for emergency famine relief to friendly peoples pursuant to title II of said Act, $298,500,000; and (3) long-term supply contracts pursuant to title IV of said Act, $215,500,000.

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PUBLIC LAW 89-316-NOV. 2, 1%5

1179

INTERNATIONAL WHEAT AGREEMENT

For expenses during fiscal year 1966 and unrecovered prior years' costs, including interest thereon, under the International Wheat Agreement Act of 1949, as amended (7 U.S.C. 1641-1642), $27,544,000, to remain available until expended.

63 Stat. 945.

TITLE IV—RELATED AGENCIES FARM CREDIT ADMINISTRATION LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $2,990,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses. NATIONAL COMMISSION ON FOOD MARKETING SALARIES AND EXPENSES

For necessary expenses of the National Commission on Food Marketing, established by Public Law 88-354, approved July 3, 1964, 78 Stat. 269. $1,500,000, of which $250,000 shall be available solely for preparation njte" ^ " ^ and submission of the final report and complete and final liquidation of the Commission's activities not later than June 30, 1966. TITLE V—GENERAL PROVISIONS SEC. 501. Within the unit limit of cost fixed by law, appropriations ^ghfciet"^^'^ "'°*°'^ and authorizations made for the Department under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed four hundred and sixty-four (464) passenger motor vehicles, of which four hundred and forty-eight (448) shall be for replacement only, and for the hire of such vehicles. SEC. 502. Provisions of law prohibiting or restricting the employ- aii^'!is^°^"^"* °^ ment of aliens shall not apply to employment under the appropriation for the Foreign Agricultural Service. SEC. 503. Funds available to the Department of Agriculture shall ^^f^"^"^ ^"°'^' be available for uniforms or allowances therefor as authorized by the ^"''^^• Act of September 1, 1954, as amended (5 U.S.C. 2131). 68 Stat. 1114. SEC. 504. No part of the funds appropriated by this Act shall be red"t°i^n"''^^' used for the payment of any officer or employee of the Department ^'^^ ^'^'°"' who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same. SEC. 505. Except to provide materials required in or incident to "^^i"^research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States. SEC. 506. Not less than $1,500,000 of the appropriations of the Contracting. Department for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. This Act may be cited as the "Department of Agriculture and ^^°^ *"'^" Related Agencies Appropriation Act, 1966". Approved November 2, 1965-

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 1180

PUBLIC LAW 89-317-NOV. 2, 1965

[79 STAT.

Public Law 89-317 November 2, 19 65

J-J—'.—!_:

JOINT

RESOLUTION

L_ To authorize the Commissioners of the District of Columbia on behalf of the United State® to transfer from the United States to the District of Columbia Redevelopment Land Agency title to certain real property in said District.

Whereas, pursuant to the applicable provisions of Acts of February 12, 1 ^ 1 (31 S t a t 767), and February 28, 1903 (32 Stat. 909), herein47-718 and note. after referred to as the "Union Station Acts", certain streets within the District of Columbia were "completely vacated and abandoned by the public and closed to public use" and "vacated, abandoned, and closed", and the use thereof granted to the Baltimore and Ohio Railroad Company, the terminal company provided for in section 10 of such Act approved February 12, 1901, and the Philadelphia, Baltimore, and Washington Railroad Company, the latter company having thereafter leased said street area to the Pennsylvania Railroad Company under a nine hundred and ninety-nine-year lease (said companies collectively being hereinafter referred to as the "railroads") for the railroad use prescribed in the Union Station Acts, subject to taxation by the District of Columbia; and Whereas said grant by the Congress of the use of these street areas was, in part, consideration for the dedication by the railroads to the District of Columbia for street and highway purposes of certain land owned in fee simple by the railroads; and Whereas the District of Columbia Redevelopment Act of 1945 (60 D.C. Code Stat. 790), as amended (title 5, chap. 7, D.C. Code, 1961 ed.) (here-70 1 note. inafter referred to as the "Redevelopment Act"), requires the District of Columbia Redevelopment Land Agency (hereinafter referred to as the "Agency") to carry out duly adopted urban renewal plans, and the duly adopted urban renewal plan for Southwest urban renewal project area C requires acquisition by the Agency of certain properties within and abutting said street areas and redevelopment of said properties for other than railroad use; and Whereas, for value received, the railroads sold to the Agency the fee simple title to those portions of said properties owned by them in fee simple, as well as all right, title, and interest in the former street, alley, and other United States-owned reservations vested in them by the Union Station Acts; and Whereas, notwithstanding that sale by the railroads, the United States continues to own bare legal title to said properties covered by the Union Station Acts and, in order for the Agency to exercise its responsibilities and duties under said urban renewal plan and said Redevelopment Act, it is necessary that title to these properties be transferred to, and vested in, the Agency for subsequent sale or lease for private development: Now, therefore, be it D.C. Code 47 720 and note,

Resolved by the Senate and House of Representatives of the United D.C. X raiisier i States of AmeHca in Congress assembled, That, in accordance with the Transfer of U.S. reai'^rop^erty.'^'"' provisions of this joint resolution, the Commissioners of the District of Columbia, consistent with their approval of the urban renewal plan requiring such action, are authorized and directed on behalf of the United States of America to transfer to the Agency all right, title, and interest of the United States in and to the following real properties in the District of Columbia: (a) Part of Maryland Avenue Southwest, of Thirteen-and-a-Half Street Southwest, and of Thirteenth Street Southwest, described as follows: Beginning for the same at the intersection of the northerly line of Maryland Avenue Southwest, with the east line of Fourteenth Street

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PUBLIC LAW 89-317-NOV. 2, 1965

Southwest, and running thence along the said northerly line of Maryland Avenue in a northeasterly direction 256.25 feet to the west line of Thirteen-and-a-Half Street Southwest; thence along the said line of Thirteen-and-a-Half Street due north 251.67 feet to the south line of D Street Southwest; thence due east 70.0 feet to the east line of Thirteen-and-aHalf Street; thence along the said east line of Thirteen-and-a-Half Street due south 226.50 feet to the northerly line of Maryland Avenue; thence along the said line of Maryland Avenue in a northeasterly direction 256.50 feet to the west line of Thirteenth Street Southwest; thence along the said west line of Thirteenth Street due north 140.92 feet to the south line of D Street; thence due east 110.0 feet to the east line of Thirteenth Street Southwest; thence along the said line of Thirteenth Street due south 101.67 feet to the northerly line of Maryland Avenue; thence along the northerly line of Maryland Avenue in a northeasterly direction 255.85 feet; thence leaving the said line of Maryland Avenue and running along the arc of a circle, the radius of which is 811.27 feet, a central angle of 1 degree 40 minutes 55 seconds, deflecting to the left an arc distance of 23.82 feet; thence south 70 degrees 00 minutes 00 seconds west 592.28 feet; thence south 64 degrees 54 minutes 00 seconds west 146.81 feet; thence along the arc of a circle, the radius of which is 60.0 feet, a central angle of 60 degrees 36 minutes 40 seconds, deflecting to the right an arc distance of 63.47 feet to a point of tangent; thence south 60 degrees 36 minutes 40 seconds west 184.47 feet; thence north 51 degrees 37 minutes 00 seconds west 38.0 feet to a point of curve; thence along the arc of a circle, the radius of which is 47.0 feet, a central angle of 51 degrees 37 minutes, deflecting to the right an arc distance of 42.34 feet to a point of tangent; thence due north 30.06 feet to the point of beginning, containing 61,786.20 square feet; all as shown on plat of survey recorded in the Office of the Surveyor of the District of Columbia in survey book 173, page 458. (b) Part of Thirteenth Street Southwest, closed, part of Thirteenand-a-Half Street Southwest, closed, and part of E Street Southwest, closed, as per plat recorded in the Office of the Surveyor of the District of Columbia in book 140, page 73, described in one piece, as follows: Beginning for the same at a point in the southerly line of Maryland Avenue Southwest, said point being south 70 degrees 28 minutes 40 seconds west 361.01 feet from the intersection of the west line of Twelfth Street Southwest, with the said southerly line of Maryland Avenue, said point being also the northwesterly comer of original square 299; and running thence along the east line of Thirteenth Street Southwest, closed, due south 409.71 feet; thence due west 95.59 feet; thence north 71 degrees 17 minutes 15 seconds west 15.21 feet to the west line of said Thirteenth Street closed; thence along said line due north 79.47 feet to the south line of E Street Southwest, closed, said point being also the northeast corner of original square 270; thence along the south line of said E Street closed due west 234.62 feet;

1181

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PUBLIC LAW 89-317-NOV. 2, 1965

[79 STAT.

thence north 71 degrees 17 minutes 15 seconds west 106.13 feet; thence north 51 degrees 37 minutes 00 seconds west 90.15 feet to the north line of said E Street closed; thence along said line due east 94.12 feet to the west line of Thirteenth-and-a-Half Street Southwest, closed, said point being also the southeast comer of original square east-of-267; thence along the west line of said Thirteen-and-a-Half Street closed due north 85.83 feet to the said southerly line of Maryland Avenue; thence along said line north 70 degrees 28 minutes 40 seconds east 74.27 feet to the east line of said Thirteen-and-a-Half Street closed, said point being also the northwesterly corner of original square 269; thence along the east line of said Thirteen-and-a-Half Street closed due south 110.65 feet to the north line of said E Street closed; thence along said line due east 241.66 feet to the west line of said Thirteenth Street closed; thence along said line due north 196.33 feet to the southerly line of said Maryland Avenue; thence along said line north 70 degrees 28 minutes 40 seconds east 116.71 feet to the point of beginning, containing 80,206.53 square feet; all as shown on plat of computation recorded in the Office of the Surveyor of the District of Columbia in survey book 183, page 81. (c) Part of Maryland Avenue Southwest, described as follows: Beginning for the same at the intersection of the west line of Twelfth Street Southwest, with the southerly line of Maryland Avenue Southwest, said point being also the northeasterly corner of original square 299; and running thence along the said southerly line of Maryland Avenue south 70 degrees 28 minutes 40 seconds west 889.79 feet; thence north 53 degrees 21 minutes 10 seconds east 104.83 feet; thence north 72 degrees 43 minutes 00 seconds east 790.21 feet to the point of beginning, containing 13,733.95 square feet; all as shown on plat of computation recorded in the Office of the Surveyor of the District of Columbia in survey book 183, page 81. (d) Parts of Third Street Southwest, Fourth Street Southwest, and Virginia Avenue Southwest, abutting square 537, described in one piece as follows: Beginning for the same at the intersection of the north line of E Street Southwest, with the west line of Third Street Southwest, said point also being the southeast corner of said square 537, and running thence along the said line of Third Street, due north 122.08 feet to the southerly line of Virginia Avenue Southwest; thence along said line of Virginia Avenue in a northwesterly direction 598.0 feet to the east line of Fourth Street Southwest; thence along said line of Fourth Street due south 323.33 feet to the southwest corner of said square 537; thence due west 13.0 feet; thence due north 373.68 feet; thence in a southeasterly direction, parallel with and 16.0 feet south west wardly at right angles from the centerline of track numbered 1 of railroad of the Philadelphia, Baltimore, and Washington Railroad Ct>mpany, 633.12 feet; thence due south 160.60 feet; thence due west 19.36 feet to the point of beginning, containing 33,698.44 square feet;

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PUBLIC LAW 89-317-NOV. 2, 1965

all as shown on plat of survey recorded in the Office of the Surveyor of the District of Columbia in survey book 1Y4, page 413. (e) Parts of Third Street Southwest, Virginia Avenue Southwest, and public space abutting square N-583, described in one piece, as follows: Beginning for the same at the intersection of the north line of E Street Southwest, with the east line of Third Street Southwest, said point also being the southwest corner of square N-583, and running thence due west 20.42 feet; thence due north 135.50 feet; thence in a southeasterly direction, parallel with and 16.0 feet south west wardly at right angles from the centerline of track numbered 1 of railroad of the Philadelphia, Baltimore, and Washington Railroad Company, 390.04 feet; thence due south 4.23 feet; thence due west 225.71 feet to the southeast corner of said square N-583; thence along said square due north 40.0 feet to the southwesterly line of Virginia Avenue Southwest; thence along said line in a northwesterly direction 128.33 feet to the said east line of Third Street; thence along said line due south 82.67 feet to the point of beginning, continuing 18,229.36 square feet; all as shown on plat of survey recorded in the Office of the Surveyor of the District of Columbia in survey book 174, page 413. (f) Part of Virginia Avenue, Sixth Street, and public space abutting square S-463, described as follows: Beginning for the same at the intersection of the west line of Sixth Street, southw^est, with the northerly line of Virginia Avenue, said point of beginning being also the most southerly corner of square S-463; and running thence along the said west line of Sixth Street due north 75.33 feet; thence due east 9.25 feet; thence due south 106.15 feet; thence in a northwesterly direction along the line 25.90 feet from and parallel to the said northerly line of Virginia Avenue north 70 degrees 17 minutes 40 seconds west 522.42 feet; thence due north 20.0 feet; thence due east 134.24 feet to the northwest corner of said square S-463; thence along the west line of said square due south 40.58 feet to the said northerly line of Virginia Avenue; thence in a southeasterly direction along the said northerly line of Virginia Avenue south 70 degrees 17 minutes 40 seconds east 370.0 feet to the point of beginning, containing 16,461.50 square feet; all as shown on plat of survey recorded in the Office of the Surveyor of the District of* Columbia in survey book 176, page 372. (g) Part of D Street and Maryland Avenue, southwest, described as follows: Beginning for the same at the southeast corner of square 386, and running thence due south 14.26 feet; thence due west 605.71 feet to a point of curve; thence along the arc of a circle, the radius of which is 600.0 feet, deflecting to the left an arc distance of 125.58 feet; thence north 70 degrees 28 minutes 00 seconds east 774.97 feet; thence due south 47.51 feet to the northeast corner of said square 386;

1183

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/279

 cause. But who it was that really wrote the epistle, God only knows. The account, however, that has been current before us is, according to some, that Clement who was bishop of Rome wrote the epistle; according to others, that it was written by Luke, who wrote the gospel and the Acts. But let this suffice on these subjects.

CHAPTER XXVI.

Heraclas succeeds to the episcopate of Alexandria.

this was the tenth year of the abovementioned reign (of Alexander,) in which Origen, after removing from Alexandria to Cesarea, left his school for catechetical instruction there in the charge of Heraclas. But ere long Demetrius, the bishop of the church of Alexandria, died, having performed the duties of the office, upon the whole, forty-three years. He was succeeded by Heraclas. About this time also flourished Firmilianus bishop of Cesarea in Cappadocia.

CHAPTER XXVII.

How the bishops regarded him.

bishop was so favourably disposed towards Origen, that he then called him to the regions in which he dwelt, to benefit the churches; at another time, he went to visit him in Judea, and passed some time with him there, for the sake of improvement in things divine. Moreover Alexander, the bishop of Jerusalem, and Theoctistus, bishop of Cesarea, attending him the whole time nearly like pupils their master, allowed him alone to perform the duties of expounding the sacred Scriptures, and other matters that pertain to the doctrines of the church.


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Page:United States Statutes at Large Volume 79.djvu/1224

 1184

D°c*code°' note. • Transfer of

lands, payment.

PUBLIC LAW 89-317-NOV. 2, 1965

[79 STAT.

thence along the northwesterly boundary of said square in a southwesterly direction 432.25 feet to the northwest corner of said square; thence due south 40.0 feet to the southwest corner of said square; thence along the southerly boundary of said square due east 407.42 feet to the point of beginning, containing 39,922.0 square feet; all as shown on plat of survey recorded in the Office of the Surveyor of the District of Columbia in survey book 173, page 396. SEC. 2. The Agency is hereby authorized in accordance with the Redevelopment Act, to lease or sell, as an entirety or parts thereof separately, to one or more redevelopment companies or other lessees or purchasers, such real property as may be transferred to the Agency under the authority of this joint resolution. SEQ_ 3_ x h e Agency is authorized to transfer to the government of the District oi Columbia all right, title, and interest oi the Agency in that portion of the right-of-way formerly occupied by the railroads, which is now a part of the land included in the District of Columbia highway system, for which the Agency compensated the railroads and acquired the interest of said railroads, and the Commissioners of the District of Columbia are hereby authorized in this instance to pay the Agency the sum of $82,896 for said sites, which are described as follows: (a) Part of Thirteen-and-a-Half Street Southwest, and E Street Southwest described in one piece as follows: Beginning for the same at the intersection of the east line of Thirteenand-a-Half Street Southwest with the northeasterly line of Maine Avenue Southwest; and running thence north 51 degrees 37 minutes 00 seconds west 119.22 feet to the southerly line of said Thirteen-anda-Half Street and E Street closed b ^ plat recorded in the Office of the Surveyor of the District of Columbia in book 140, page 73; thence along said line south 71 degrees 17 minutes 15 seconds east 106.13 feet to the south line of said E Street; thence along said line due west 7.04 feet to the east line of said Thirteen-and-a-Half Street; thence along said line due south 40.0 feet to the point of beginning containing 1,990.50 square feet; all as shown on plat of computation recorded in the Office of the Surveyor of the District of Columbia in survey book 174, page 308. (b) Part of Thirteenth Street Southwest, described as follows: Beginning for the same at the intersection of the east line of Thirteenth Street Southwest with the northeasterly line of Maine Avenue Southwest; and running thence north 71 degrees 17 minutes 15 seconds west 116.14 feet to the west line of said Thirteenth Street; thence along said line due north 42.37 feet to the southerly line of Thirteenth Street closed by plat recorded in the Office of the Surveyor of the District of Columbia in book 140, page 73; thence along said line south 71 degrees 17 minutes 15 seconds east 15.21 feet; thence still along said line due east 95.59 feet to the said east line of Thirteenth Street; thence along said line due south 74.75 feet to the point of beginning containing 6,209.20 square feet; all as shown on plat of computation recorded in the Office of the Surveyor of the District of Columbia in survey book 174, page 308. SEC. 4. No transfer or donation of any interest in real property under the authority of this joint resolution shall constitute a local

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 79 STAT. ]

PUBLIC LAW 89-318-NOV. 2, 1965

grant-in-aid in connection with any urban renewal project being undertaken with Federal assistance under title I of the Housing Act of 1949, as amended. SEC. 5. As used in this joint resolution, the terms "Agency", "lessee", "purchaser", "real property", "redevelopment", and "redevelopment company" shall have the respective meanings provided for such terms by section 3 of the Eedevelopment Act. Approved November 2, 1965.

1185

63 Stat. 4i4. 42 USC 14501465.

6o Stat. 791;

72 Stat. 1102, D.C. Code 5-702.

Public Law 89-318 AN ACT

November 2, 1965

Providing for the acquisition and preservation by the United States of certain items of evidence pertaining to the asisassination of President John F. Kennedy.

[H. R. 9545]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby president john F. declared that the national interest requires that the United States nat'ion!^^' ^*^^^^^" acquire all right, title, and interest, in and to, certain items of evi- preservation of dence, to be designated by the Attorney General pursuant to section 2 ^"'^'^^'^'^^• of this Act, which were considered by the President's Commission on the Assassination of President Kennedy (hereinafter referred to as "items"), and requires that those items be preserved by the United States. SEC. 2. (a) The Attorney General is authorized to determine, from At°oVne"'Genrr'lii^^ time to time, which items should, in conformity with the declaration ""^"^^ genera. contained in the first section of this Act, be acquired and preserved by the United States. Each such determination shall be published in Publication in the Federal Register.

Federal Register.

(b) Whenever the Attorney General determines that an item should be acquired and preserved by the United States, all right, title, and interest in and to, that item shall be vested in the United States upon the publication of that determination in the Federal Register. (c) The authority conferred upon the Attorney General by sub- Authority, exsection (a) of this section to make determinations shall expire one P*'^*^"" year from the date of enactment of this Act, and the vesting provisions of subsection (b) of this section shall be valid only with respect to items described in determinations published in the Federal Register within that one-year period. SEC. 3. The United States Court of Claims or the United States jjjfi^^°<;f"' district court for the judicial district wherein the claimant resides shall have jurisdiction, without regard to the amount in controversy, to hear, determine, and render judgment upon any claim for just compensation for any item or interest therem acquired by the United States pursuant to section 2 of this Act; and where such claim is filed in the district court the claimant may request a trial by j u r y: Provided, That the claim is filed within one year from the date of publication in the Federal Register of the determination by the Attorney General with respect to such items. SEC. 4. All items acquired by the United States pursuant to section Preservation of 2 of this Act shall be placed under the jurisdiction of the Adminis- ^'^"'^ ^^ ^^^' trator of General Services for preservation under such rules and regulations as he may prescribe. SEC. 5. All items acquired by the United States pursuant to section u.s. property. 2 of this Act shall be deemed to be personal property and records of sion."^"^ '°^' the United States for the purposes of laws relating to the custody, administration, and protection of personal property and records of

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 1186 62 Stat. 79 5, 79 6.

PUBLIC LAW 89-319-NOV. 2, 1965

[79 STAT.

the United States, including, but not limited to, sections 2071 and 2112 of title 18 of the United States Code. SEC. 6. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Approved November 2, 1965.

Public Law 89-319 November 2, 1965 [H. R. 1781]

U.S. Courts. Clinton, N.C. 62 Stat. 88 6.

AN ACT To amend section 113(a) of title 28, United States Code, to provide that Federal District Court for the Eastern District of North Carolina shall be held at Clinton.

Be it emi.eted by the Senate and House of Representatives of the United States of Araerica, in Congress assemMed^ That section 113(a) of title 28, Tmited Slates (.'ode, is amended by striking out "Court for the Eastern District- shall 1)6 held at Elizabeth City, Fayetteville, New Bern, Raleigh. Washington. Wilmington, and Wilson." and inserting in lieu thereof "Court for the Eastern District shall be held at Clinton, Elizabeth City, Fayetteville, New Bern, Raleigh, Washington, Wilmington, and Wilson.''. Approved November 2, 1965.

Public Law 89-320 November 3, 1965 [H. J. R e s. 597]

Doctor Robert H. Goddard Memorial.

Appropriation.

JOINT RESOLUTION Providing for the erertion of a memorial to the late D<)<-l<»r Herbert H. (ioddard, the father of rocketrv.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Aeronautics and Space Administration shall erect in the Commonwealth of Massachusetts an appropriate memorial to the late Doctor Robert H. Goddard, former professor of physics at (^lark Lniversity in Worcester, Massachusetts, and the father of rocketry. The memorial shall comprise a sculpture in bi'onze or other enduring metal and shall symbolize the scientist's role as the pioneer of the space age. I t shall be located on the Clark University campus in Worcester, Massachusetts, on a site donated by the Clark trustees adjacent to the Robert Hutchings Goddard I^ibrary. The National Aeronautics and Space Administration shall request the advice and comment of the Commission of Fine A i t s and consult with Clark University trustees with respect to the design and setting of the memorial. The memorial shall gi\e appropriate recognition to the pioneering efforts of the late Doctoi' Goddard in his country's achievements in rocketi-y and supersonic flight. SEC. 2. There are authorized to be appropriated such sums as may be necessary, not to ext-eed $150,0(». to cjiiiy out the purposes of this joint resolution. Approved November 3, 1965, 10:15 p.m.

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 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1187

Public Law 89-321 AN ACT

November 3, 1955

To maintain farm income, to stabilize prices and assure adequate supplies of agricultural commodities, to reduce surpluses, lower Government costs and promote foreign trade, to afford greater economic opportunity in r u r a l areas, and for other purposes.

["• R- 98ii]

Be if enacted by the Senate and House of RepTe-sentative>^ of the Vnited States of Amer'tca in Congress assembled, That this Act may food and Agri. be cited as the "Food and Agriculture Act of 19(>5". '^"""'^ ^^^ °^ 1965.

TITLE I—DAIRY SEC. 101. The Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, is further amended by striking in subparagraph (B) of subsection 8c(5) all of clause (d) and inserting in lieu thereof a new clause (d) to read as follows: " (d) a further adjustment, equitably to apportion the total value of the milk purchased by any handler, or by all handlers, among producers and associations of producers, on the basis of their marketings of milk, which may be adjusted to reflect sales of such milk by any handler or by all handlers in any use classification or classifications, during a representative period of time which need not be limited to one year. In the event a producer holding a base allocated under this clause (d) shall reduce his marketings, such reduction shall not adversely affect his history of production and marketing for the determination of future bases. Allocations to producers under this clause (d) may be transferable under an order on such terms and conditions as may be prescribed if the Secretary of Agriculture determines that transferability will be in the best interest of the public, existing producers, and prospective new producers. Any increase in class one base resulting from enlarged or increased consumption and any producer class one bases forfeited or surrendered shall first be made available to new producers and to the alleviation of hardship and inequity among producers. In the case of any produceiwho during any accounting period delivers a portion of his milk to persons not fully regiilated by the order, provision may be made for reducing the allocation o£ or payments to be received by, any such producer under this clause (d) to compensate for any marketings of milk to such other persons for such period or periods as necessarv' to insure equitable participation in marketings among all producers"; and by adding at the end of said subparagraph (B) the following: ''Xotwithstanding the provisions of section 8c(12) and the last sentence of section 8c(19) of this Act, order provisions under (d) above shall not become effective in any marketing order unless separately approved by producers in a referendum in which each individual producer shall have one vote and may be terminated separately whenever the Secretary makes a determination with respect to such provisions as is provided for the termination of an order in subparagraph 8c(16)(B). Disapproval or termination of such order provisions shall not be considered disapproval of the order or of other terms of the order." SEC. 102. Such Act is further amended (a) by adding to subsection 8c(5) the following new paragraph: "'(H) Marketing orders applicable to milk and its products may be limited in application to milk used for manufacturing.": and (b) by amending subsection 8c(18) by
 * idding after the words "marketing area" wherever they <KCUI- the

^9 Stat. 753. ' ""^^ '"'^''^

75 Stat. 305.

62 Stat. 1258.

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 1188

PUBLIC LAW 89-321-NOV. 3, 1965

Termination. Producer handlers of milk,

legal status?' 5o*ltat^'^'246^' 7 USC 601*

[79 STAT.

words "or, in the case of orders applying only to manufacturing milk, the production area". SEC. 103. The provisions of this title shall not be effective after December 31, 1969. SEC. 104. The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, shall be the same subsequent to the adoption of the amendments made by this title as it was prior thereto.

notes, 674 note.

TITLE Price supports. 75^st^at^*"3o\^°' 7 USC 1782.

"us*c*"im °'

II—WOOL

g^^ gQl. The National Wool Act of 1954, as amended, is amended, as follows: (1) By deleting from section 703 "March 31, 1966" and inserting in lieu thereof "December 31, 1969". (2) By changing the period at the end of the third sentence of section 703 to a colon and inserting the following: Provided further, That the support price for shorn wool for the 1966 and each subsequent marketing year shall be determined by multiplying 62 cents by the ratio of (i^ the average of the parity index (the index of prices paid by farmers, including commodities and services, interest, taxes, and farm wage rates, as defined in section 301 (a)(1)(C) of the Agricultural Adjustment Act of 1938, as amended) for the three calendar years immediately preceding the calendar year in which such price support is determined and announced to (ii) the average parity index for the three calendar years 1958, 1959, and 1960, and rounding the resulting amount to the nearest full cent." (3) By deleting the fourth sentence of section 703. TITLE III — F E E D GRAINS

Vvsc\llt' note.

Post,

p. 1190.

Post, p. 1206.

SEC. 301. Section 105 of the Agricultural Act of 1949, as amended, is amended by adding the following new subsection (e): "(e) For the 1966 through 1969 crops of feed grains, the Secretary shall require, as a condition of eligibility for price support on the crop of any feed grain which is included in any acreage diversion program formulated under section 16(i) of the Soil Conservation and Domestic Allotment Act, as amended, that the producer shall participate in the diversion program to the extent prescribed by the Secretary, and, if no diversion program is in effect for any crop, he may require as a condition of eligibility for price support on such crop of feed grains that the producer shall not exceed his feed grain base: Provided, That the acreage on any farm which is diverted from the production of feed grains pursuant to a contract hereafter entered into under the Cropland Adjustment Program shall be deemed to be acreage diverted from the production of feed grains for purposes of meeting the foregoing requirements for eligibility for price support: Provided fwther^ That the Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for price support for barley to participate in the acreage diversion program for feed grains if such producer has previously produced a malting variety of barley, plants barley only of an acceptable malting variety for harvest, does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960, does not Imowingly devote an acreage on the farm to com and grain sorghums in excess of the acreage devoted on the farm to com and grain sorghums in 1959 and 1960, and does not devote any acreage devoted to the production of oats and rye in 1959 and 1960

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 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1189

to the production of wheat pursuant to the provisions of section 328 of the Food and Agriculture Act of 1962. Such portion of the sup- y^rs^c'ia^qc port price for any feed grain included in the acreage diversion program as the Secretary determines desirable to assure that the benefits of the price-support and diversion programs inure primarily to those producers who cooperate in reducing their acreages of feed grains shall be made available to producers through payments-in-kind. Such payments-in-kind shall be made available on the maximum permitted acreage, or the Secretary may make the same total amount available on a smaller acreage or acreages at a higher rate or rates. The number of bushels of such feed grain on which such payments-in-kind shall be made shall be determined by multiplying that part of the actual acreage of such feed grain planted on the farm for harvest on which the Secretary makes such payments available by the farm projected yield per acre: Provided, That for purposes of such payments, the Secretary may permit producers of feed grains to have acreage devoted to soybeans considered as devoted to the production of feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the price support program: Provided further, That for purposes of such payments, producers on any farm who have planted not less than 90 per centum of the acreage of feed grains permitted to be planted shall be deemed to have planted the entire acreage permitted. Notwithstanding the provisions of subsection (a), that portion of the support price which is made available through loans and purchases for the 1966 through 1969 crops may be reduced below the loan level for the 1965 crop by such amounts and in such stages as may be necessary to promote increased participation in the feed grain program, taking into account increases m yields, but so as not to disrupt the feed grain and livestock economy: Provided, That this authority shall not be construed to modify or affect the Secretary's discretion to maintain or increase total price support levels to cooperators. An acreage on the farm which the Secretary finds was not planted to feed grains because of drought, flood, or other natural disaster shall be deemed to be an actual acreage of feed grains planted for harvest for purposes of such payments provided such acreage is not subsequently planted to any other income-producing crop during such year. The Secretary may make not to exceed 50 per centum of any payments hereunder to producers in advance of determination of performance. Payments-in-kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains (such feed grains to be valued by the Secretary at not less than the current support price made available through loans and purchases, plus reasonable carrying charges) in accordance with regulations prescribed by the Secretary and notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. The Secretary shall provide for the sharing of such certificates among producers on the farm on the basis of their respective shares in the feed grain crop produced on the farm, or the proceeds therefrom, except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable. If the operator of the farm elects to participate in the acreage diversion program, price support for feed grains included in the program shall be made available to the producers on such farm only if such producers divert from the production of such feed grains, in accordance with the provisions of such program,

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 1190

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

an acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide. In any case in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this subsection (e) and 77 Stat. 44. subsection (d) of this section preclude the making of payments-innote"^*^ ^'*'*^ kind, the Secretary may, nevertheless, make such payments-in-kind in such amounts as he determines to l>e equitable in relation to the seriousness of the default." SEC. 302. Section 16 of the Soil Conservation and Domestic Allot49 Stat. 163, ment Act, as amended, is amended by adding the following new ^\\^"USC 59op. subsection: " (i) Notwithstanding any other provision of law— "(1) For the 1966 through 1969 crops of feed grains, if the Secretary determines that the total supply of feed grains will, in the absence of an acreage diversion program, likely be excessive, taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices of feed grains and to meet any national emergency, he may formulate and carry out an acreage diversion program for feed grains, without regard to provisions which would be applicable to the regular agricultural conservation program, under which, subject to such terms Conservation and couditions as the Secretary determines, conservation payments paymen s. shall be made to producers who divert acreage from the production of feed grains to an approved conservation use and increase their average acreage of cropland devoted in 1959 and 1960 to designated soil-conserving crops or practices including summer fallow and idle land by an equal amount. Payments shall be made at such rate or rates as the Secretary determines will provide producers with a fair and reasonable return for the acreage diverted, but not in excess of 50 per centum of the estimated basic county support rate, including the lowest rate of payment-inkind, on the normal production of the acreage diverted from the commodity on the farm based on the farm projected yield per acre. Notwithstanding the foregoing provisions, the Secretary may permit all or any part of such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost of the price support program, and will not adversely affect farm income subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted "Feed grains." to conservation uses. The term 'feed grains' means corn, grain sorghums, and, if designated by the Secretary, barley, and if for any crop the producer so requests for purposes of having acreage devoted to the production of wheat considered as devoted to the production of feed grains, pursuant to the ]>rovisions of section 76^|tat.^63L 328 of the Food and Agriculture Act of 1962, the term 'feed 7 u 1339c. grains' shall include oats and rye and barley if not designated by the Secretary as provided above: Provided. That acreages of corn, grain sorghums, and, if designated by the Secretary, barley, shall not be planted in lieu of acreages of oats and rye and barley if not designated by the Secretary as provided above: Provided further. That the acreage devoted to the production of

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Page:United States Statutes at Large Volume 79.djvu/1231

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

wheat shall not be considered as an acreage of feed grains for purposes of establishing the feed grain base acreage for the farm for subsequent crops. Such feed grain diversion program shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents. The acreage eligible for participation in the program shall be such acreage (not to exceed 50 per centum of the average acreage on the farm devoted to feed grains in the crop years 1959 and 1960 or twenty-five acres, whichever is greater) as the Secretary determines necessary to achieve the acreage reduction goal for the crop. Payments shall be made in kind. The acreage of wheat produced on the farm during the crop years 1959, 1960, and 1961, pursuant to the exemption provided in section 335(f) of the Agricultural Adjustment Act of 1938, as amended, prior to its repeal by the Food and Agriculture Act of 1962, in excess of the small farm base acreage for wheat established under section 335 of the Agricultural Adjustment Act of 1938, as amended, may be taken into consideration in establishing the feed grain base acreage for the farm. The Secretary may make such adjustments in acreage as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, and topography. Notwithstanding any other provision of this subsection (i)(1), the Secretary may, upon unanimous request of the State committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, adjust the feed grain bases for farms within any State or county to the extent he determines such adjustment to be necessary in order to establish fair and equitable feed grain bases for farms within such State or county. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. Notwithstanding any other provision of this subsection, barley shall not be included in the program for a producer of malting barley exempted pursuant to section 105(e) of the Agricultural Act of 1949, who participates only with respect to corn and grain sorghums and does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960. "(2) Notwithstanding any other provision of this subsection, not to exceed 1 per centum of the estimated total feed grain bases for all farms in a State for any year may be reserved from the feed grain bases established for farms in the State for apportionment to farms on which there were no acreages devoted to feed grains in the crop years 1959 and 1960 on the basis of the following factors: Suitability of the land for the production of feed grains, the past experience of the farm operator in the production of feed grains, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of feed grains on other farms owned, operated, or controlled by the farm operator, and such other factors as the Secretary determines should be considered for the purpose of establishing fair and equitable feed grain bases. An acreage equal to the feed grain base so established for each farm shall be deemed to have been devoted to feed grains on the farm in each of the crop years 1959 and 1960 for purposes of this subsection except that producers on such farm shall not be eligible for conservation payments for the first year for which the feed grain base is established.

1191

71 Stat. 477. 5^us*c*'i3^3^5^"

i^uscs^^'h

^"'*' P- ^^^S-

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Page:United States Statutes at Large Volume 79.djvu/1232

 1192

7 USC^*i339a

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

"(3) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this section 16(i). " (4) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts. "(5) Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains in accordance with regulations prescribed by the Secretary and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. Feed grains with which Commodity Credit Corporation redeems certificates pursuant to this paragraph shall be valued at not less than the current support price made available through loans and purchases, plus reasonable carrying charges. "(6) Notwithstanding any other provision of law, the Secretary may, by mutual agreement with the producer, terminate or modify any agreement previously entered into pursuant to this subsection if he determines such action necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of feed grains." SEC. 303. Section 326 of the Food and Agriculture Act of 1962, as amended, is amended by deleting the language beginning with "the requirements" and ending with "Agricultural Act of 1961, and" and substituting therefor "the requirements of any program under which price support is extended or payments are made to farmers, and price support may be extended or". TITLE IV—COTTON

78 Stat. 173.

63 Stat. 674. 7 USC 1346.

7 USC 1344.

SEC. 401. The Agricultural Adjustment Act of 1938, as amended, is amended as follows: (J) Section 348 of the Act is amended by adding the following new sentences at the end thereof: "The Secretary may extend the period for performance of obligations incurred in connection with payments made for the period ending July 31, 1966, or may make payments on raw cotton in inventory on July 31, 1966, at the rate in effect on such date. No payments shall be made hereunder with respect to 1966 crop cotton." (2) Section 346 of the Act is amended by adding at the end thereof i.

J.*

J! n

a new subsection as follows: "(e) Notwithstanding any other provision of this Act, for the 1966, 1967, 1968, and 1969 crops of upland cotton, if the farm operator elects to forgo price support for any such crop of cotton by applying to the county committee of the county in which the farm is located for additional acreage under this subsection, he may plant an acreage not in excess of the farm acreage allotment established under section 344 pi^g ^jj^e acreage apportioned to the farm from the national export market acreage reserve, and all cotton of such crop produced on the farm may be marketed for export free of any penalty under this section: Provided, That the foregoing shall be applicable only to farms which had upland cotton allotments for 1965 and are operated by the same operator as in 1965 or by his heir.

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 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1193

"For the 1966 crop the national export market acreage reserve shall be 250,000 acres. For each subsequent crop— If the carryover at the end of the marketing year for the preceding crop is estimated to be less than The national export the carryover at the beginning of such marketing market acreage reserve year by— shall be— At least 1,000,000 bales 2.50, 000 acres. At least 750,000 bales, but not as much as 1,000,000 bales 187, 500 acres. At least 500,000 bales, but not as much as 750,000 bales 125, 000 acres. At least 250,000 bales, but not as much as 500,000 bales 62, 500 acres. Less than 250,000 bales None.

"The national export market acreage reserve shall be apportioned to farms by the Secretary on the basis of the applications therefor. No application shall be accepted for a greater acreage than is available on the farm for the production of upland cotton. After apportionments are thus made to farms, the Secretary shall provide farm operators a reasonable time in which to cancel their applications (and agreements to forgo price support) and surrender to the Secretary through the county committee the export market acreage assigned to the farm. Acreage so surrendered shall be available for reassignment by the Secretary to other eligible farms to which export market acreage has been apportioned on the basis of the applications remaining outstanding. The operator of any farm who elects to forgo price support for any such crop under this subsection shall not be eligible for price support on cotton of such crop produced on any other farm in which he has a controlling or substantial interest as determined by the Secretary. Acreage planted to cotton in excess of the farm acreage allotment established under section 344 shall not be taken into account in establishing future State, county, and farm acreage allotments. The operator of any farm to which export market acreage is apportioned, or the purchasers of cotton produced on such farm, shall, under regulations issued by the Secretary, furnish a bond or other undertaking prescribed by the Secretary providing for the exportation, without benefit of any Government cotton export subsidy and within such time as the Secretary may specify, of all cotton produced on such farm for such year. The bond or other undertaking given pursuant to this subsection shall provide that, upon failure to comply with the terms and conditions thereof, the person furnishing such bond or other undertaking shall be liable for liquidated damages in an amount which the Secretary determines and specifies in such undertaking will approximate the amount payable on excess cotton under subsection (a). The Secretary may, in lieu of the furnishing of a bond or other undertaking, provide for the payment of an amount equal to that which would be payable as liquidated damages under such bond or other undertaking. If such bond or other undertaking is not furnished, or if payment in lieu thereof is not made as provided herein, at such time and in the manner required by regulations of the Secretary, or if the acreage planted to cotton on the farm exceeds the sum of the farm acreage allotment established under section 344 and the acreage apportioned to the farm from the national export market acreage reserve, the acreage planted to cotton in excess of the farm acreage allotment established under section 344 shall be regarded as excess acreage for purposes of this section and section 345. Amounts collected by the Secretary under this subsection shall be remitted to the Commodity Credit Corporation." (3) Section 350 of the Act is amended, effective with the 1966 crop, to read as follows: "SEC. 350. I n order to afford producers an opportunity to participate in a program of reduced acreage and higher price support, as provided in section 103(d) of the Agricultural Act of 1949, as amended, the Secretary shall determine a national domestic allotment for the 49-850 0-66—78

63 Stat. ero. ^ ^^'^'^'

^ use 1345. 78 Stat. 175. 7 USC 1350.

Post, p. 1194.

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text:
Page:United States Statutes at Large Volume 79.djvu/1234

 1194

TFs'c^'ia^Z?'

78 ^sfa^'iM^' 7 USC 1444.

"iT^^r^'iiof'*' 7 USC 1421.

Post, p. 1197.

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

1966, 1967, 1968, and 1969 crops of upland cotton equal to the estimated domestic consumption of upland cotton (standard bales of four hundred and eighty pounds net weight) for the marketing year beginning in the year in which the crop is to be produced. The Secretary shall determine a farm domestic acreage allotment percentage for ea<;li such year by dividing (1) the national domestic allotment (in net weight pounds) by (2) the total for all States of the product of the State acreage allotment and the projected State yield. The farm domestic acreage allotment shall be established by multiplying the farm acreage allotment established under section 344 by the farm domestic acreage allotment percentage: Provided, That no farm domestic acreage allotment shall be less than 65 per centum of such farm acreage allotment. Such national domestic allotment shall be determined not later than October 15 of the calendar year preceding the year in which the crop is to be produced; except that in the case of the 1966 crop, such determination shall be made within 15 days after enactment of the Food and Agriculture Act of 1965." SEC. 402. (a) Section 103 of the Agricultural Act of 1949, as amended, is amended by adding the following new subsection at the end thereof: " (d)(1) Notwithstanding any other provision of this Act, if producers have not disapproved marketing quotas, price support and diversion payments shall be made available for the 1966, 1967, 1968, and 1969 crops of upland cotton as provided in this subsection. "(2) Price support for each such crop of upland cotton shall be made available to cooperators through loans at such level, not exceeding a level which will reflect for Middling one-inch upland cotton at average location in the United States 90 per centum of the estimated average world market price for Middling one-inch upland cotton for the marketing year for such crop, as the Secretary determines will provide orderly marketing of cotton during the harvest season and will retain an adequate share of the world market for cotton produced in the United States taking into consideration the factors specified in section 401(b) of this Act: Provided, That the national average loan rate for the 1966 crop shall reflect 21 cents per pound for Middling one-inch upland cotton. "(3) The Secretary also shall provide additional price support for each such crop through payments in cash or in kind to cooperators at a rate not less than 9 cents per pound: Provided, That the rate shall be such that the amount obtained by— (i) multiplying the rate by the farm domestic acreage allotment percentage, and (ii) dividing the product thus obtained by the cooperator percentage established under section 408(b), and (iii) adding the result thus obtained to the national average loan rate shall not be less than 65 per centum or more than 90 per centum of the parity price for cotton as of the month in which the payment rate provided for by this paragraph is announced. Such payments shall be made on the quantity of cotton determined by multiplying the projected farm yield by the acreage planted to cotton within the farm domestic acreage allotment: Provided, That any such farm planting not less than 90 per centum of such domestic acreage allotment shall be deemed to have planted the entire amount of such allotment. An acreage on a farm in any such year which the Secretary finds was not planted to cotton because of drought, flood, or other natural disaster shall be deemed to be planted to cotton for purposes of payments under this subsection if such acreage is not subsequentlxdevoted to any other income-producing crop in such year.

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text:
Page:United States Statutes at Large Volume 79.djvu/1235

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1195

" (4) The Secretary shall make diversion payments in cash or in kind in addition to the price support payments authorized in paragraph (3) to cooperators who reduce their cotton acreage by diverting a portion of their cotton acreage allotment from the production of cotton to approved conservation practices to the extent prescribed by the Secretary: Provided, That no reduction below the domestic acreage allotments established under section 850 of the Agricultural Adjustment Act of 1938, as amended, shall be prescribed: Provided further, That Ante, p. 1193. payment under this paragraph shall be made available for diverting to conserving uses that part of the acreage allotment which must be diverted from cotton in order that the producer may qualify as a cooperator. The rate of payment for acreage required to be diverted in order to qualify as a cooperator shall not be less than 25 per centum of the parity price for upland cotton as of the month in which such rate is announced. The rate of payment for additional acreage diverted shall be such rate as the Secretary determines to be fair and reasonable, but shall not exceed 40 per centum of such parity price. Payment at each applicable rate shall be made on the quantity of cotton determined by multiplying the acreage diverted from the production of cotton at such rate by the projected farm yield. In addition to the foregoing payment, if any, payment at the rate applicable for acreage required to be diverted to qualify as a cooperator shall be made to producers on small farms as defined in section 408(b) who do not exceed their ^°^*' P- ^^^y. farm acreage allotments on a quantity of cotton determined by multiplying an acreage equal to 35 per centum of such farm acreage allotment by the projected farm yield. "(5) The Secretary may make not to exceed 50 per centum of the payments under this subsection to producers in advance of determination of performance and the balance of such payments shall be made at such time as the Secretary may prescribe. "(6) Where the farm operator elects to participate in the diversion program authorized in this subsection and no acreage is planted to cotton on the farm, diversion payments shall be made at the rate established under paragraph (4) for acreage required to be diverted to qualify as a cooperator on the quantity of cotton determined by multiplying that part of the farm acreage allotment required to be diverted to qualify as a cooperator by the projected farm yield, and the remainder of such allotment may be released under the provisions of section 344(m)(2) of the Agricultural Adjustment Act of 1938, as amended. The acreage on which payment is made under this para- 7^us*c*'i344' graph shall be regarded as planted to cotton for purposes of establishing future State, county, and farm acreage allotments, and farm bases. "(7) Payments in kind under this subsection shall be made through the issuance of certificates which the Commodity Credit Corporation shall redeem for cotton under regulations issued by the Secretary at a value per pound equal to not less than the current loan rate therefor. The Corporation may, under regulations prescribed by the Secretary, assist the producers in the marketing of such certificates at such times and in such manner as the Secretary determines will best effectuate the purposes of the program authorized by this subsection. "(8) Payments under this subsection shall be conditioned on the farm having an acreage of approved conservation uses equal to the sum of (i) the reduction in cotton acreage required to qualify for such payments (hereinafter called "diverted acreage"), and (ii) the average acreage of cropland on the farm devoted to designated soilconserving crops or practices, including summer fallow and idle land, during a base period prescribed by the Secretary: Provided, That the Secretary may permit all or any part of such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower.

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text:
Page:United States Statutes at Large Volume 79.djvu/1236

 1196

73^stat^*3Q4^°' 7 USC 1344.

^ fi^cfr" iaAn A 16 USC 590h.

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

castor beans, mustard seed, crambe, plaiitago o\ato, and flaxseed, if he determines that such production is necessary to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely affect farm income, subject to the condition that payment under paragraph (4) or (6) with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted to conser\^ation uses. "(9) The acreage regarded as planted to cotton on any farm which qualifies for payment under this subsection except under paragraph (6) shall, for purposes of establishing future State, county, and farm acreage allotments and farm bases, be the farm acreage allotment established under section 344 of the Agricultural Adjustment Act of 1938, as amended, excluding adjustments under subsection (m)(2) thereof. "(10) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing diversion payments on a fair and equitable basis under this subsection. The Secretary shall provide for the sharing of price support payments among producers on the farm on the basis of theiirespective shares in the cotton crop produced on the farm, or the proceeds therefrom, except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable. " (11) In any case in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this Act preclude the making of payments under this section, the Secretary may, nevertheless, make such payments in such amounts as he determines to be equitable in relation to the seriousness of the default. "(12) Notwithstanding any other provision of this Act, if, as a result of limitations hereafter enacted with respect to price support under this subsection, the Secretary is unable to make available to all cooperators the full amount of price support to which they would otherwise be entitled under paragraphs (2) and (3) of this subsection for any crop of upland cotton, (A) price support to cooperators shall be made available for such crop (if marketing quotas have not been disapproved) through loans or purchases at such level not less than 65 per centum nor more than 90 per centum of the parity price therefor as the Secretary determines appropriate; (B) in order to keep upland cotton to the maxinmm extent practicable in the normal channels of trade, such price support may be carried out through the simultaneous purchase of cotton at the support price therefor and resale at a lower price or through loans under which the cotton would be redeemable by payment of a price therefor lower than the aniount of the loan thereon; and (C) such resale or redemption price shall be such as the Secretary determines will provide orderly marketing of cotton during the harvest season and will retain an adequate share of the world market for cotton produced in the United States. "(13) The provisions of subsection 8(g) of the Soil Conservation '^^^ Domestic Allotment Act, as amended (relating to assi^-nment of payments), shall also apply to payments under this subsection. "(14) The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized in this subsection and to pay administrative expenses necessarv in carrvinji' out this subsection.""

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text:
Page:United States Statutes at Large Volume 79.djvu/1237

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1197

(b) Section 408(b) of the Agricultural Act of 1949, as amended, 63 Stat. loss. is amended, effective only for the 1966 through 1969 crops, by changing ^ ^^*" the period at the end of the first sentence thereof to a colon and adding the following: ''Provided, That for upland cotton a cooperator shall be a producer on whose farm the acreage planted to such cotton does not exceed the cooperator percentage, which shall be in the case of the 1966 crop, 87.5 per centum of such farm acreage allotment and, in the case of each of the 1967, 1968, and 1969 crops, such percentage, not less than 87.5 or more than 100 per centum, of such farm acreage allotment as the Secretary may specify for such crop, except that in the case of small farms (i.e. farms on which the acreage allotment is 10 acres or less, or on which the projected farm yield times the acreage allotment is 3,600 pounds or less, and the acreage allotment has not been reduced under section 344(m)) the acreage of cotton on the farm 7^u^s*c*'i344 shall not be required to be reduced below the farm acreage allotment." SEC. 403. Section 301 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding the following new subparagraphs to paragraph (13) of subsection (b): ^°s'- P- 1205. " (L) 'Projected national, State, and county yields' for any crop of "Projected na. cotton shall be determined on the basis of the yield per harvested acre county yields."" of such crop in the United States, the State and the county, respectively, during each of the five calendar years immediately preceding the year in which such projected yield for the United States, the State, and the county, respectively, is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields, and for any significant changes in production practices. " (M) 'Projected farm yield' for any crop of cotton shall be deter- .^^f^°j ^•^^ ^^"^ mined on the basis of the yield per harvested acre of such crop on the farm during each of the three calendar years immediately preceding the year in which such projected farm yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields, and for any significant changes in production practices, but in no event shall such projected farm yield be less than the normal yield for such farm as provided in subparagraph (I) of this paragraph." 78 Stat. 177. SEC. 404. Section 407 of the Agricultural Act of 1949, as amended, 7 USC 1427! is amended by adding at the end thereof the following: "Notwithstanding any other provision of this section, for the period August 1, 1966, through July 31, 1970, (1) the Commodity Credit Corporation shall sell upland cotton for unrestricted use at the same prices as it sells cotton for export, in no event, however, at less than 110 per centum of the loan rate, and (2) the Commodity Credit Corporation shall sell or make available for unrestricted use at current market prices in each marketing year a quantity of upland cotton equal to the amount by which the production of upland cotton is less than the estimated requirements for domestic use and for export for such marketing year. The Secretary may make such estimates and adjustments therein at such times as he determines will best effectuate the provisions of part (2) of the foregoing sentence and such quantities of cotton as are required to be sold under such sentence shall be offered for sale in an orderly manner and so as not to affect market prices unduly." SEC. 405. The Agricultural Adjustment Act of 1938, as amended, is "us*c*, ^^* amended by adding after section 344 the following new section: "SEC. 344a. (a) Notwithstanding any other provision of law, the Allotments. Secretary, if he determines that it will not impair the effective opera- or transfer.^^' tion of the program involved, (1) may permit the owner and operator of any farm for which a cotton acreage allotment is established to sell or lease all or any part or the right to all or any part of such allotment (excluding that part of the allotment which the Secretary determines was apportioned to the farm from the national acreage reserve) to

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text:
Page:United States Statutes at Large Volume 79.djvu/1238

 1198

trans"ft\-"°"' ^°'

Regulations.

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

any other owner or operator of a farm for transfer to such farm; (2) may permit the owner of a farm to transfer all or any part of such allotment to any other farm owned or controlled by him: Provided, That the authority granted under this section may be exercised for the calendar years'^ 1966, 1967, 1968, and 1969, but all transfers hereunder shall be for such period of years as the parties thereto may agree. "(b) Transfers under this section shall be subject to the following conditions: (i) no allotment shall be transferred to a farm in another State or to a person for use in another State; (ii) no farm allotment may be sold or leased for transfer to a farm in another county unless the producers of cotton in the county from which transfer is beingmade have voted in a referendum within three years of the date of such transfer, by a two-thirds majority of the producers participating in such referendum, to permit the transfer of allotments to farms outside the county, which referendum, insofar as practicable, shall be held in conjunction with the marketing quota referendum for the commodity; (iii) no transfer of an allotment from a farm subject to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholder; (iv) no sale of a farm allotment shall be permitted if any sale of cotton allotment to the same farm has been made within the three immediately preceding crop years; (v) the total cotton allotment for any farm to which allotment is transferred by sale or lease shall not exceed the farm acreage allotment (excluding reapportioned acreage) established for such farm for 1965 by more than one hundred acres; (vi) no cotton in excess of the remaining acreage allotment on the farm shall be planted on any farm from which the allotment (or part of an allotment) is sold for a period of five years following such sale, nor shall any cotton in excess of the remaining acreage allotment on the farm be planted on any farm from which the allotment (or part of an allotment) is leased during the period of such lease, and the producer on such farm shall so agree as a condition precedent to the Secretary's approval of any such sale or lease; and (vii) no transfer of allotment shall be effective until a record thereof is filed with the county committee of the county to which such transfer is made and such committee determines that the transfer complies with the provisions of this section. Such record may be filed with such committee only during the period beginning June 1 and ending December 31. "(c) The transfer of an allotment shall have the effect of transferring also the acreage history, farm base, and marketing quota attributable to such allotment and if the transfer is made prior to the determination of the allotment for any year the transfer shall include the right of the owner or operator to have an allotment determined for the farm for such year: Provided, That in the case of a transfer by lease, the amount of the allotment shall be considered for purposes of determining allotments after the expiration of the lease to have been planted on the farm from which such allotment is transferred. " (d) The land in the farm from which the entire cotton allotment and acreage history have been transferred shall not be eligible for < \ new farm cotton allotment during the five years following the year in which such transfer is made. " (e) The transfer of a portion of a farm allotment which was established under minimum farm allotment provisions for cotton or which operates to bring the farm within the minimum farm allotment provision for cotton shall cause the minimum fann allotment or base to be reduced to an amount equal to the allotment remaining on the farm after such transfer. i*(-f) ^\^Q Secretary shall prescribe regulations for the administration of this section, which shall include provisions for adjusting the size of the allotment transferred if the farm to which the allotment is

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text:
Page:United States Statutes at Large Volume 79.djvu/1239

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1199

transferred has a substantially higher yield per acre and such other terms and conditions as he deems necessary. " (g) If the sale or lease occurs during a period in which the farm is covered by a conservation reserve contract, cropland conversion agreement, cropland adjustment agreement, or other similar land utilization agreement, the rates of payment provided for in the contract or agreement of the farm from which the transfer is made shall be subject to an appropriate adjustment, but no adjustment shall be made in the contract or agreement of the farm to which the allotment is transferred. " (h) The Secretary shall by regulations authorize the exchange between farms in the same county, or between farms in adjoining counties within a Stat«, of cotton acreage allotment for rice acreage allotment. Any such exchange shall be made on the basis of application filed with the county committee by the owners and operators of the farms, and the transfer of allotment between the farms shall include transfer of the related acreage history for the commodity. The exchange shall be acre for acre or on such other basis as the Secretary determines is fair and reasonable, taking into consideration the comparative productivity of the soil for the farms involved and other relevant factors. No farm from which the entire cotton or rice allotment has been transferred shall be eligible for an allotment of cotton or rice as a new farm within a period of five crop years after the date of such exchange. "(i) The provisions of this section relating to cotton shall apply only to upland cotton." TITLE V—WHEAT SEC. 501. Effective beginning with the crop planted for harvest in the calendar year 1966, the Agricultural Adjustment Act of 1938, as amended, is amended as follows: (1) Section 332 is amended by changing item (iv) in subsection (b) y^usc'ua?" to read: "will be utilized during Such marketing year in the United States as livestock (including poultry) feed, excluding the estimated quantity of wheat which will be utilized for such purpose as a result of the substitution of wheat for feed grains under section 328 of the Food and Agriculture Act of 1962" and by adding the following new y^us^c^'iasg^c subsection: " (d) Notwithstanding any other provision of this Act, the Secretary shall not proclaim a national marketing quota for the crops of wheat planted lor harvest in the calendar years 1966 through 1969, and farm marketing quotas shall not be in effect for such crops of wheat." (2) Section 333 is amended to read as follows: "The Secretary shall 76 Stat. 62o. proclaim a national acreage allotment for each crop of wheat. The ^ "^^ ^^^^• amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of the projected national yield and expected underplantings (acreage other than that not harvested because of program incentives) of farm acreage allotments will produce an amount of wheat equal to the national marketing quota for wheat for the marketing year for such crop, or if a national marketing quota was not proclaimed, the quota which would have been determined if one had been proclaimed. (3) Subsection (a) of section 334 is amended to read as follows: 7^us*c*'i33^4 "(a) The national allotment for wheat, less a reserve of not to National aiiot. exceed 1 pei" centum thereof for apportionment as provided in this sub- '"^"tsection and less the special acreage reserve provided for in this subsection, shall be apportioned by the Secretary among the States on the basis of the preceding year's allotment for each such State, including all amounts allotted to the State and including for 1967 the increased

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text:
Page:United States Statutes at Large Volume 79.djvu/1240

 1200 76 Stat. 621. 7 USC 1335.

7^us*c*'i3^34 Apportionment among counties.

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

acreage in the State allotted for 1966 under section 335, adjusted to the extent deemed necessary by the Secretary to establish a fair and ec[uitable apportionment base for each State, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors. The reserve acreage set aside herein for apportionment by the Secretary shall be used to make allotments to counties in addition to the county allotments made under subsection (b) of this section, on the basis of the relative needs of counties for additional allotments because of reclamation and other new areas coming into production of wheat. There also shall be made available a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be made available to the States to make additional allotments to counties on the basis of the relative needs of counties, as determined by the Secretary, for additional allotments to make adjustments in the allotments on old wheat farms (that is, farms on which wheat has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such adjustments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage reserve shall be made only to counties where wheat is a major incomeproducing crop, only to farms on which there is limited opportunity for the production of an alternative income-producing crop, and only if an efficient farming operation on the farm requires the allotment of additional acreage from the special acreage reserve. For the purposes of making adjustments hereunder the cropland on the farm shall not include any land developed as cropland subsequent to the 1963 crop year." ^^) Subsection (b) of section 334 is amended to read as follows: " (b) The State acreage allotment for wheat, less a reserve of not ^Q excecd 3 pcr ceutum thereof for apportionment as provided in subsection (c) of this section, shall be apportioned by the Secretary among the counties in the State, on the basis of the preceding year's wheat allotment in each such county, including for 196Y the increased acreage in the county allotted for 1966 pursuant to section 335, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors." (5) Subsection (c) of section 334 is amended by adding new paragraphs (3) and (4) to read as follows: "(3) Notwithstanding the provisions of paragraph (1) of this subsection, the past acreage of wheat for 1967 and any subsequent year shall be the acreage of wheat planted, plus the acreage regarded as planted, for harvest as grain on the farm which is not in excess of the farm acreage allotment. "(4) Notwithstanding any other provision of this subsection (c), the farm acreage allotment for the 1967 and any subsequent crop of wheat shall be established for each old farm by apportioning the county wheat acreage allotment among farms in the county on which

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