
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1309]

 
                          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. 1309. Normally planted acreage and target prices


(a) Authorized planted acreage for 1982 through 1995 crops of wheat and 
        feed grains as prerequisite for loan, etc.; eligibility; 
        determinations; records

    Notwithstanding any other provision of law, whenever a set-aside 
program is in effect for one or more of the 1982 through 1995 crops of 
wheat and feed grains, the Secretary of Agriculture may require, as a 
condition of eligibility for loans, purchases, and payments for such 
crops under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], that 
producers not exceed the acreage on the farm normally planted to crops 
designated by the Secretary, adjusted as deemed necessary by the 
Secretary to be fair and equitable among producers and reduced by any 
set-aside or diverted acreage. Such normal crop acreage for any crop 
year shall be determined as provided by the Secretary. The Secretary may 
require producers participating in the program to keep such records as 
the Secretary determines necessary to assist in making such 
determination.

(b) Established price payments

    Notwithstanding any other provision of law--
        (1) Whenever the Secretary, for one or more of the 1982 through 
    1995 crops of wheat and feed grains, requires that producers not 
    exceed the acreage on the farm normally planted to crops designated 
    by the Secretary in accordance with subsection (a) of this section, 
    the Secretary may increase the established price payments for any 
    such commodity by such amount (or if there are no such payments in 
    effect for such crop by providing for payments in such amount) as 
    the Secretary determines appropriate to compensate producers for not 
    exceeding the acreage on the farm normally planted to crops 
    designated by the Secretary and participation in any required set-
    aside with respect to such commodity.
        (2) In determining the amount of any payments for any commodity 
    under this subsection, the Secretary shall take into account changes 
    in the costs of production resulting from not exceeding the acreage 
    on the farm normally planted to crops designated by the Secretary 
    and participation in any required set-aside with respect to such 
    commodity.
        (3) If payments are provided for any commodity under this 
    subsection, the Secretary may provide for payments for any other 
    commodity in such amount as the Secretary determines necessary for 
    effective operation of the program.
        (4) The Secretary shall adjust any payments under this 
    subsection to reflect, in whole or in part, any land diversion 
    payments for the commodity for which an increase is determined.

(c) Marketing quotas in effect for 1987 through 1995 crops of wheat; 
        reduction in normally planted acreage as condition prerequisite 
        for loan, etc.

    Notwithstanding any other provision of law, whenever marketing 
quotas are in effect for any of the 1987 through 1995 crops of wheat, 
the Secretary of Agriculture may require, as a condition of eligibility 
for loans, purchases, and payments on any commodity under the 
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), that the acreage 
normally planted to crops designated by the Secretary, adjusted as 
considered necessary by the Secretary to be fair and equitable among 
producers, shall be reduced by a quantity equal to--
        (1) the acreage that the Secretary determines would normally be 
    planted to wheat on a farm; minus
        (2) the individual farm program acreage for the farm under 
    section 107B(d)(3)(A) \1\ of such Act.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 95-113, title X, Sec. 1001, Sept. 29, 1977, 91 Stat. 950; Pub. 
L. 95-279, title I, Sec. 101, May 15, 1978, 92 Stat. 240; Pub. L. 95-
334, title V, Sec. 501(a), Aug. 4, 1978, 92 Stat. 434; Pub. L. 96-213, 
Sec. 6, Mar. 18, 1980, 94 Stat. 120; Pub. L. 97-98, title XI, Sec. 1106, 
Dec. 22, 1981, 95 Stat. 1265; Pub. L. 99-198, title X, Sec. 1014, Dec. 
23, 1985, 99 Stat. 1456; Pub. L. 101-624, title XI, Sec. 1141, Nov. 28, 
1990, 104 Stat. 3515.)

                       References in Text

    The Agricultural Act of 1949, referred to in subsecs. (a) and (c), 
is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is 
classified principally to chapter 35A (Sec. 1421 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1421 of this title and Tables.
    Section 107B(d)(3)(A) of such Act, referred to in subsec. (c)(2), is 
section 107B(d)(3)(A) of the Agricultural Act of 1949, which was 
classified to section 1445b-3a(d)(3)(A) of this title prior to repeal by 
Pub. L. 104-127, title I, Sec. 171(b)(2)(D), Apr. 4, 1996, 110 Stat. 
938.

                          Codification

    Section was enacted as part of the Food and Agriculture Act of 1977, 
and not as part of the Agricultural Adjustment Act of 1938 which 
comprises this chapter.


                               Amendments

    1990--Subsecs. (a), (b)(1), (c). Pub. L. 101-624, Sec. 1141(1), 
substituted ``1995'' for ``1990''.
    Subsec. (c)(2). Pub. L. 101-624, Sec. 1141(2), substituted ``section 
107B(d)(3)(A)'' for ``section 107D(d)(3)(A)''.
    1985--Subsecs. (a), (b)(1). Pub. L. 99-198 substituted ``1982 
through 1990'' for ``1982 through 1985''.
    Subsec. (c). Pub. L. 99-198 added subsec. (c).
    1981--Subsec. (a). Pub. L. 97-98 substituted provision authorizing 
the Secretary, whenever a set-aside program is in effect for one or more 
of the 1982 through 1985 crops of wheat and feed grains, to require as a 
condition of eligibility for loans, purchases, and payments for such 
crops that the producers not exceed the acreage on the farm normally 
planted to crops designated by the Secretary and permitting the 
Secretary to require producers participating in the program to keep 
records necessary to assist the Secretary in determining normal crop 
acreage for any crop year for provision authorizing the Secretary, 
effective for one or more of the 1980 and 1981 crops of wheat, feed 
grains, upland cotton, and rice, to require as a condition of 
eligibility for loans, purchases, and payments that the producers not 
exceed the acreage on the farm normally planted to crops designated by 
the Secretary.
    Subsec. (b). Pub. L. 97-98 substituted provision relating to 
established price increase for one or more of the 1982 through 1985 
crops of wheat and feed grains for provision relating to established 
price increase for one or more of the 1980 and 1981 crops of wheat, feed 
grains, upland cotton, and rice.
    Subsec. (c). Pub. L. 97-98 struck out subsec. (c) which related to 
loans, purchases, and payments for producers of the 1980 crop of any 
commodity who exceeded the authorized acreage.
    1980--Subsec. (a). Pub. L. 96-213 amended subsec. (a) generally, 
temporarily substituting provisions relating to requiring producers not 
to exceed the acreage on the farm normally planted to designated crops, 
as reduced, for the 1980 and 1981 crops of wheat, feed grains, upland 
cotton, and rice, for provisions relating to reduction of acreage 
normally planted to designated crops by the acreage set-aside or 
diversion for the 1978 through 1981 crops of wheat, feed grains, upland 
cotton, and rice. See Effective and Termination Dates of 1980 Amendment 
note below.
    Subsec. (b). Pub. L. 96-213 amended subsec. (b) generally, 
temporarily substituting provisions relating to increases of the 
established price as compensation to producers for not exceeding the 
acreage in accordance with subsection (a) and participating in set-
asides for 1980 and 1980 crops for provisions relating to increases of 
the established prices to compensate producers for participation in set-
asides for 1978 through 1981 crops. See Effective and Termination Dates 
of 1980 Amendment note below.
    Subsec. (c). Pub. L. 96-213, in amending section generally, 
temporarily added subsec. (c). See Effective and Termination Dates of 
1980 Amendment note below.
    1978--Subsec. (b). Pub. L. 95-334 added applicability to rice.
    Pub. L. 95-279 designated existing provisions as subsec. (a) and 
added subsec. (b).


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-624 effective beginning with 1991 crop of 
an agricultural commodity, with provision for prior crops, see section 
1171 of Pub. L. 101-624, set out as a note under section 1421 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 
of Pub. L. 97-98, set out as an Effective Date note under section 4301 
of this title.


            Effective and Termination Dates of 1980 Amendment

    Section 6 of Pub. L. 96-213 provided that the amendment made by that 
section is effective for 1980 and 1981 crops.


                    Effective Date of 1978 Amendments

    Section 501(b) of Pub. L. 95-334 provided that: ``This section 
[amending this section] shall become effective October 1, 1978, and any 
producers who, prior to such date, receive payments on the 1978 crop of 
rice as computed under the Agricultural Act of 1949 [see Short Title 
note set out under section 1421 of this title], as amended by the Food 
and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set 
out under section 1281 of this title], may elect after September 30, 
1978, to receive payments as computed under section 1001(b) of the Food 
and Agriculture Act of 1977, as amended by this section.''
    Section 103 of title I of Pub. L. 95-279 provided that: ``Sections 
101 and 102 [amending this section and section 1444 of this title] of 
this title shall become effective October 1, 1978, and any producers 
who, prior to such date, receive loans and payments on the 1978 crop of 
the commodity as computed under the Agricultural Act of 1949 [see Short 
Title note set out under section 1421 of this title], as amended by the 
Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note 
set out under section 1281 of this title] may elect after September 30, 
1978, to receive loans and payments as computed under this title.''


                             Effective Date

    Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, 
set out as an Effective Date of 1977 Amendment note under section 1307 
of this title.
