
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1307]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
  Part A--Definitions, Loans, Parity Payments, and Consumer Safeguards
 
Sec. 1307. Limitation on payments under wheat, feed grains, and 
        cotton programs for 1974 through 1977 crops
        
    Notwithstanding any other provision of law--
    (1) The total amount of payments which a person shall be entitled to 
receive under one or more of the annual programs established by titles 
IV, V, and VI of this Act for the 1974 through 1976 crops of the 
commodities and by titles IV and V of the Food and Agriculture Act of 
1977 and titles IV, V, and VI of this Act for the 1977 crop of the 
commodities shall not exceed $20,000.
    (2) The term ``payments'' as used in this section shall not include 
loans or purchases, or any part of any payment which is determined by 
the Secretary to represent compensation for resource adjustment or 
public access for recreation.
    (3) If the Secretary determines that the total amount of payments 
which will be earned by any person under the program in effect for any 
crop will be reduced under this section, the set-aside acreage for the 
farm or farms on which such person will be sharing in payments earned 
under such program shall be reduced to such extent and in such manner as 
the Secretary determines will be fair and reasonable in relation to the 
amount of the payment reduction.
    (4) The Secretary shall issue regulations defining the term 
``person'' and prescribing such rules as he determines necessary to 
assure a fair and reasonable application of such limitation: Provided, 
That the provisions of this Act which limit payments to any person shall 
not be applicable to lands owned by States, political subdivisions, or 
agencies thereof, so long as such lands are farmed primarily in the 
direct furtherance of a public function, as determined by the Secretary. 
The rules for determining whether corporations and their stockholders 
may be considered as separate persons shall be in accordance with the 
regulations issued by the Secretary on December 18, 1970.

(Pub. L. 91-524, title I, Sec. 101, Nov. 30, 1970, 84 Stat. 1358; Pub. 
L. 93-86, Sec. 1(1), Aug. 10, 1973, 87 Stat. 221; Pub. L. 95-113, title 
I, Sec. 104, Sept. 29, 1977, 91 Stat. 919.)

                       References in Text

    This Act, referred to in pars. (1) and (4), is Pub. L. 91-524, Nov. 
30, 1970, 84 Stat. 1358, as amended, known as the Agricultural Act of 
1970. Title IV of that Act enacted section 1334a-1 of this title, 
amended sections 1301, 1305, 1306, 1378, 1379, 1379b, 1379c, 1379d, 
1379e, 1379g, 1385, 1427, 1428, and 1445a of this title, and enacted 
provisions set out as notes under sections 1301, 1305, 1306, 1330 to 
1334, 1335, 1336, 1338, 1339, and 1379c of this title. Title V of that 
Act amended section 1444b of this title and provisions set out as a note 
under section 1444b of this title. Title VI of that Act enacted sections 
1342a, 1350a, and 2119 of this title, amended sections 1305, 1344b, 
1350, 1374, 1378, 1379, 1385, 1427, 1428, 1444, and 1444a of this title, 
and enacted provisions set out as notes under sections 1305, 1342, 
1342a, 1343, 1344, 1344b, 1345, 1346, 1377, 1378, 1379, 1385, 1427, 
1428, 1444, and 1446d of this title. For complete classification of this 
Act to the Code, see Short Title of 1970 Amendment note set out under 
section 1281 of this title and Tables.
    The Food and Agriculture Act of 1977, referred to in par. (1), is 
Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913. Title IV of the Food and 
Agriculture Act of 1977 enacted section 1445b of this title, amended 
sections 1385, 1427, and 1428 of this title, and enacted provisions set 
out as notes under sections 1330, 1331, 1379d, 1385, 1427, 1428, 1445a, 
and 1445b of this title. Title V of the Food and Agriculture Act of 1977 
enacted section 1444c of this title and enacted provisions set out as 
notes under sections 1444b and 1444c of this title. For complete 
classification of this Act to the Code, see Short Title of 1977 
Amendment note set out under 1281 of this title and Tables.

                          Codification

    Section was enacted as part of the Agricultural Act of 1970, and not 
as part of the Agricultural Adjustment Act of 1938 which comprises this 
chapter.


                               Amendments

    1977--Par. (1). Pub. L. 95-113 substituted ``to receive under one or 
more of the annual programs established by titles IV, V, and VI of this 
Act for the 1974 through 1976 crops of the commodities and by titles IV 
and V of the Food and Agriculture Act of 1977 and titles IV, V, and VI 
of this Act for the 1977 crop'' for ``to receive under one or more of 
the annual programs established by titles IV, V, and VI of this Act for 
the 1974 through 1977 crops''.
    1973--Par. (1). Pub. L. 93-86 substituted ``one or more of the 
annual programs established by titles IV, V, and VI of this Act for the 
1974 through 1977 crops of the Commodities shall not exceed $20,000'' 
for ``each of the annual programs established by titles IV, V, and VI of 
this Act for the 1971, 1972, or 1973 crop of the commodity shall not 
exceed $55,000''.
    Par. (2). Pub. L. 93-86 substituted ``shall not include loans or 
purchases, or any part of any payment which is determined by the 
Secretary to represent compensation for resource adjustment or public 
access for recreation'' for ``includes price-support payments, set-aside 
payments, diversion payments, public access payments, and marketing 
certificates, but does not include loans or purchases''.
    Par. (3). Pub. L. 93-86 reenacted par. (3) without change.
    Par. (4). Pub. L. 93-86 inserted provision that the rules for 
determining whether corporations and their stockholders may be 
considered as separate persons shall be in accordance with the 
regulations issued by the Secretary on December 18, 1970.


                    Effective Date of 1977 Amendment

    Section 1901 of Pub. L. 95-113 provided that: ``Except as otherwise 
provided herein, the provisions of this Act [see Short Title of 1977 
Amendment note set out under section 1281 of this title] shall become 
effective October 1, 1977.''


   Exemption of Disaster Payment Limitations Respecting 1977 Crops of 
               Wheat, Feed Grains, Upland Cotton, and Rice

    Pub. L. 95-156, Nov. 8, 1977, 91 Stat. 1264, provided: ``That, 
notwithstanding any other provision of law, the term `payments' as used 
in section 101 of the Agricultural Act of 1970, as amended [this 
section], and section 101(g)(13) of the Agricultural Act of 1949, as 
amended [section 1441(g)(13) of this title], shall not include any part 
of any payment which is determined by the Secretary of Agriculture to 
represent compensation for disaster loss with respect to the 1977 crops 
of wheat, feed grains, upland cotton, and rice.''

                  Section Referred to in Other Sections

    This section is referred to in section 1308 of this title; title 16 
section 3834.
