
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: 7USC1314b]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart i--marketing quotas--tobacco
 
Sec. 1314b. Lease or sale of acreage allotments


(a) Conditions for permission from Secretary; false statements; 
        exceptions

    (1) Notwithstanding any other provision of law--
        (A)(i) The Secretary, if the Secretary determines that it will 
    not impair the effective operation of the tobacco marketing quota or 
    price support program, may permit the owner and operator of any farm 
    for which a tobacco acreage allotment (other than a Burley, Flue-
    cured, dark air-cured, Fire-cured, Virginia sun-cured and cigar-
    binder, type 54 or 55 tobacco acreage allotment) is established 
    under this chapter to lease and transfer all or any part of such 
    allotment to any other owner or operator of a farm in the same 
    county for use in such county on a farm having a current tobacco 
    allotment of the same kind.
        (ii) The Secretary shall, only with respect to the 1984 through 
    1986 crops of Flue-cured tobacco, permit the owner of a farm to 
    which a Flue-cured tobacco acreage allotment or quota is assigned 
    under this chapter to lease and transfer all or any part of such 
    allotment or quota to any other owner or operator of a farm in the 
    same county for use in such county on a farm having a current Flue-
    cured tobacco acreage allotment or quota except that for the 1985 
    and 1986 crops such lease and transfer shall be permitted only if 
    (except as otherwise provided in paragraph (2)(A)) the parties to 
    the lease file a copy of the lease agreement with the county 
    committee for the county in which the farms are located, together 
    with a written statement certifying that none of the consideration 
    for the lease has been or will be paid to the lessor, either 
    directly or indirectly in any form including a loan by the lessee to 
    the lessor, the endorsement of a note by the lessee for the lessor, 
    or any other similar arrangement which represents the anticipated 
    income for the lease, prior to the marketing of the tobacco produced 
    under the lease and that the lease and transfer is otherwise in 
    compliance with the provisions of this section. Beginning with the 
    1985 crop, the Secretary shall promulgate regulations establishing, 
    insofar as is reasonably practicable, a similar requirement 
    providing that none of the consideration for the lease of any Flue-
    cured tobacco acreage allotment and quota may be paid to the lessor 
    prior to the marketing of the tobacco produced under the lease. The 
    Secretary shall also require that any seller of a Flue-cured tobacco 
    allotment and quota grant to the buyer an option to make payment 
    therefore in equal annual installments payable each fall for a 
    period not to exceed five years from the year in which the sale is 
    made. With respect to the 1987 and subsequent crops of Flue-cured 
    tobacco, the Secretary shall not permit the lease and transfer of 
    Flue-cured tobacco acreage allotments and quotas.
        (B) If, after notice and opportunity for a hearing, the county 
    committee determines that the lessee or the lessor of a Flue-cured 
    tobacco acreage allotment or quota knowingly made a false statement 
    in the written statement filed under subparagraph (A), (i) in the 
    case of a false statement knowingly made by the lessee, the lease 
    agreement for purposes of the Flue-cured tobacco marketing quota 
    program with respect to the lessee's farm shall be considered null 
    and void as of the date approved by the county committee or (ii) in 
    the case of a false statement knowingly made by the lessor, the 
    Flue-cured tobacco allotment and quota next established for the farm 
    of the lessor shall be reduced by the percentage which the leased 
    allotment or quota was of the total Flue-cured tobacco allotment or 
    quota for the farm. Notice of any determination made by the county 
    committee under the preceding provision shall be mailed as soon as 
    practicable to the lessee or lessor involved. If the lessee or 
    lessor is dissatisfied with such determination, the lessee or lessor 
    may request, within fifteen days after notice of such determination 
    is mailed, a review of such determination by a local review 
    committee under section 1363 of this title.

    (2) Repealed. Pub. L. 98-180, title II, Sec. 206(b)(1), Nov. 29, 
1983, 97 Stat. 1147.

(b) Term of years; terms and conditions

    Any lease may be made for such term of years not to exceed five as 
the parties thereto agree, and on such other terms and conditions, 
except as otherwise provided in this section, as the parties thereto 
agree.

(c) Filing with county committees; calculation of normal yield for 
        transfer

    The lease and transfer or sale and transfer of any allotment shall 
not be effective until a copy of the lease or sale agreement, as the 
case may be, is filed with and determined by the county committee of the 
county in which the farms involved are located to be in compliance with 
the provisions of this section. The transfer shall be approved acre for 
acre.

(d) Allotments for other years unaffected; inclusion of amount in 
        transferors' plantings; referendum voting rights

    The lease and transfer of any part of a tobacco acreage allotment 
determined for a farm shall not affect the allotment for the farm from 
which such acreage allotment is transferred or the farm to which it is 
transferred, except with respect to the crop year specified in the 
lease. The amount of acreage allotment which is leased from a farm shall 
be considered for purpose of determining future allotments to have been 
planted to tobacco on the farm from which such allotment is transferred 
and the production pursuant to the lease and transfer shall not be taken 
into account in establishing allotments for subsequent years for the 
farm to which such allotment is transferred. The lessor shall be 
considered to have been engaged in the production of tobacco for the 
purpose of eligibility to vote in the referendum.

(e) Limitation on amount of acreage allotment; ``tillable cropland'' 
        defined

    (1) The total acreage allotted to any farm after the transfer by 
lease or sale of tobacco acreage allotment to the farm under the 
provisions of this section shall not exceed 50 per centum of the acreage 
of cropland in the farm. In the case of cigar-filler tobacco types 42, 
43, or 44, not more than 10 acres of allotment may be leased and 
transferred to any farm.
    (2) Paragraph (1) shall not apply to flue-cured tobacco.
    (3) For purposes of this section, the term ``tillable cropland'' 
means cleared land that can be planted to crops without unusual 
cultivation or other preparation.

(f) Regulations

    The Secretary shall prescribe such regulations as he considers 
necessary for carrying out the provisions of this section.

(g) Sale of allotment or quota by one active Flue-cured tobacco producer 
        to another; definition

    (1) The Secretary shall permit the owner of any farm to which a 
Flue-cured tobacco allotment or quota is assigned to sell, for use on 
another farm in the same county, all or any part of such allotment or 
quota to any person who is or intends to become an active Flue-cured 
tobacco producer. For purposes of this section, the term ``active Flue-
cured tobacco producer'' means any person who shared in the risk of 
producing a crop of Flue-cured tobacco in not less than one of the three 
years preceding the year involved, or any person who certifies to the 
Secretary, in such form and manner as the Secretary shall by regulation 
prescribe, his or her intent to become a Flue-cured tobacco producer.
    (2) For purposes of this section, a person shall be considered to 
have shared in the risk of producing a crop of Flue-cured tobacco if--
        (A) the investment of such person in the production of such crop 
    is not less than 20 per centum of the proceeds of the sale of such 
    crop;
        (B) the amount of such person's return on such investment is 
    dependent solely on the sale price of such crop; and
        (C) such person may not receive any of such return before the 
    sale of such crop.

    (3) Transfers allowed by referendum.--
        (A) Referendum.--On the request of at least 25 percent of the 
    active flue-cured tobacco producers within a State, the Secretary 
    shall conduct a referendum of the active flue-cured tobacco 
    producers within the State to determine whether the producers favor 
    or oppose permitting the sale of a flue-cured tobacco allotment or 
    quota from a farm in a State to any other farm in the State.
        (B) Approval.--If the Secretary determines that a majority of 
    the active flue-cured tobacco producers voting in the referendum 
    approves permitting the sale of a flue-cured tobacco allotment or 
    quota from a farm in the State to any other farm in the State, the 
    Secretary shall permit the sale of a flue-cured tobacco allotment or 
    quota from a farm in the State to any other farm in the State.

(h) \1\ Sale or forfeiture of allotment or quota; notice and opportunity 
        for hearing; determination; review
---------------------------------------------------------------------------

    \1\ So in original. Two subsecs. (h) have been enacted.
---------------------------------------------------------------------------
    (1) Any person who--
        (A) acquires any Flue-cured tobacco acreage allotment or quota 
    by purchase under subsection (g) of this section; and
        (B) with respect to any crop of Flue-cured tobacco planted after 
    the date of such acquisition, fails to share in the risk of 
    producing tobacco under such allotment or quota in the manner 
    specified in subsection (g)(2) of this section;

shall sell such allotment or quota before the expiration of the 
eighteen-month period beginning on July 1 of the year in which such crop 
is planted, or such allotment or quota shall be subject to forfeiture 
under the procedure specified in paragraph (3) of this subsection.
    (2) Any person who--
        (A) acquires any Flue-cured tobacco acreage allotment or quota 
    by purchase under subsection (g) of this section; and
        (B) disposes of an acreage of tillable cropland (as defined in 
    subsection (e)(2) of this section) which results in the total 
    acreage of Flue-cured tobacco allotted to such person's farm 
    exceeding 50 per centum of the tillable cropland owned by such 
    person;

shall, before July 1 of the year after the year of such disposal, take 
steps which will result in the total acreage of Flue-cured tobacco 
allotted to such farm not exceeding 50 per centum of the tillable 
cropland owned by such person. If such person fails to take such steps, 
then any such excess allotment or quota shall be subject to forfeiture 
under the procedure specified in paragraph (3) of this subsection.
    (3)(A) If, after notice and an opportunity for a hearing, the 
appropriate county committee determines that any person knowingly failed 
to comply with paragraph (1) or (2) of this subsection, then such person 
shall forfeit to the Secretary the allotment or quota specified in such 
paragraph. Any allotment or quota so forfeited shall be reallocated by 
such county committee for use by active Flue-cured tobacco producers (as 
defined in subsection (g)(1) of this section) in the county involved.
    (B) Notice of such determination shall be mailed, as soon as 
practicable, to such person. If such person is dissatisfied with such 
determination, then such person may request, within fifteen days after 
notice of such determination is so mailed, a review of such 
determination by a local review committee under section 1363 of this 
title.

(h) \1\ Transfer authority

    (1) Notwithstanding any other provision of this section, the 
Secretary may permit, after June 30 of any crop year, the lease and 
transfer of flue-cured tobacco quota assigned to a farm if--
        (A) the planted acreage of flue-cured tobacco on the farm to 
    which the quota is assigned is determined by the Secretary to be 
    equal to or greater than 90 percent of the farm's acreage allotment, 
    or the planted acreage is determined to be sufficient to produce the 
    farm marketing quota under average conditions; and
        (B) the farm's expected production of flue-cured tobacco is less 
    than 80 percent of the farm's effective marketing quota as a result 
    of a natural disaster condition.

    (2) Any lease and transfer of quota under this paragraph may be made 
to any other farm within the same State in accordance with regulations 
issued by the Secretary.

(Feb. 16, 1938, ch. 30, title III, Sec. 316, as added Pub. L. 87-200, 
Sept. 6, 1961, 75 Stat. 469; amended Pub. L. 87-530, July 10, 1962, 76 
Stat. 151; Pub. L. 87-824, Oct. 15, 1962, 76 Stat. 947; Pub. L. 88-68, 
July 19, 1963, 77 Stat. 81; Pub. L. 88-80, July 30, 1963, 77 Stat. 114; 
Pub. L. 88-469, Secs. 1, 2, Aug. 20, 1964, 78 Stat. 581; Pub. L. 89-29, 
May 27, 1965, 79 Stat. 118; Pub. L. 89-321, title VII, Sec. 703, Nov. 3, 
1965, 79 Stat. 1210; Pub. L. 89-471, June 24, 1966, 80 Stat. 220; Pub. 
L. 90-6, Mar. 29, 1967, 81 Stat. 6; Pub. L. 90-52, July 7, 1967, 81 
Stat. 121; Pub. L. 90-559, Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. 
L. 91-284, Secs. 1-4, June 19, 1970, 84 Stat. 314; Pub. L. 92-311, June 
6, 1972, 86 Stat. 215; Pub. L. 93-80, Aug. 1, 1973, 87 Stat. 178; Pub. 
L. 93-464, Oct. 24, 1974, 88 Stat. 1416; Pub. L. 94-445, Oct. 1, 1976, 
90 Stat. 1489; Pub. L. 95-54, June 25, 1977, 91 Stat. 250; Pub. L. 97-
218, title II, Sec. 201, July 20, 1982, 96 Stat. 201; Pub. L. 98-180, 
title II, Secs. 205(a), 206, Nov. 29, 1983, 97 Stat. 1145, 1147; Pub. L. 
100-203, title I, Sec. 1112(a), Dec. 22, 1987, 101 Stat. 1330-7; Pub. L. 
101-134, Sec. 2(b), Oct. 30, 1989, 103 Stat. 781; Pub. L. 106-78, title 
VIII, Sec. 803(c)(6)(A), (B), Oct. 22, 1999, 113 Stat. 1177, 1178.)

                       References in Text

    The written statement described in subsection (c) of this section, 
referred to in subsec. (a)(2)(A), was eliminated by the amendment to 
subsec. (c) by section 206(a) of Pub. L. 98-180. See 1983 Amendment note 
below.


                               Amendments

    1999--Subsec. (e)(1). Pub. L. 106-78, Sec. 803(c)(6)(A)(i), 
substituted ``farm. In'' for ``farm or, in the case of the sale of a 
Flue-cured tobacco acreage allotment or poundage quota, of the acreage 
of tillable cropland (as defined in paragraph (2)) in the farm: 
Provided, That in''.
    Subsec. (e)(2), (3). Pub. L. 106-78, Sec. 803(c)(6)(A)(ii), (iii), 
added par. (2) and redesignated former par. (2) as (3).
    Subsec. (g)(3). Pub. L. 106-78, Sec. 803(c)(6)(B), added par. (3).
    1989--Subsec. (c). Pub. L. 101-134 substituted ``The transfer shall 
be approved acre for acre.'' for ``If the normal yield established by 
the county committee for the farm to which the allotment is transferred 
by lease or sale does not exceed the normal yield established by the 
county committee for the farm from which the allotment is transferred by 
more than 10 per centum, the transfer shall be approved acre for acre. 
If the normal yield for the farm to which the allotment is transferred 
exceeds the normal yield for the farm from which the allotment is 
transferred by more than 10 per centum, the county committee shall make 
a downward adjustment in the amount of the acreage allotment transferred 
by multiplying the normal yield established for the farm from which the 
allotment is transferred by the acreage being transferred and dividing 
the result by the normal yield established by the farm to which the 
allotment is transferred.''
    1987--Subsec. (h). Pub. L. 100-203 added subsec. (h) relating to 
transfer authority.
    1983--Subsec. (a)(1). Pub. L. 98-180, Sec. 205(a), designated 
existing provision as subpar. (A)(i), substituted ``The Secretary, if 
the Secretary'' for ``the Secretary, if he'', ``Fire-cured'' for ``fire-
cured'', and ``lease and transfer all'' for ``, to lease all'' and 
struck out ``shall permit the owner of any farm to which a Flue-cured 
tobacco acreage allotment or quota is assigned under this chapter and'' 
before ``may permit'' and ``or quota'' after ``such allotment'' and 
``tobacco allotment'' and added subpars. (A)(ii) and (B).
    Subsec. (a)(2). Pub. L. 98-180, Sec. 206(b)(1), struck out par. (2) 
which read as follows:
    ``(A) No lease of any Flue-cured tobacco allotment or quota assigned 
to a farm may be filed under subsection (c) of this section after June 
15 of the crop year specified in such lease, except that the Secretary 
may allow a lease to be so filed after June 15 of such crop year if the 
Secretary determines that, as a result of flood, hail, wind, tornado, or 
other natural disaster--
        ``(i) the county in which such farm is located has suffered a 
    loss of not less than 10 per centum of the acreage of Flue-cured 
    tobacco planted for harvest in such crop year;
        ``(ii) the lessor involved has suffered a loss of not less than 
    10 per centum of the acreage of Flue-cured tobacco planted for 
    harvest on such farm in such crop year; and
        ``(iii) such lease will not impair the effective operation of 
    the tobacco marketing quota or price support program.
If the Secretary makes such determination, then the Secretary may permit 
the lessor to lease all or any part of such allotment or quota to any 
other owner or operator of a farm in the same county or in an adjoining 
county within the same State for use in such county on a farm having a 
current Flue-cured tobacco allotment or quota. If permitted, such lease 
and transfer shall not be effective until a copy of such lease and a 
written statement described in subsection (c) of this section are filed 
with and determined by the county committee of such county to be in 
compliance with the provisions of this section.
    ``(B) No agreement or arrangement may be made in connection with the 
making of any lease with respect to any Flue-cured tobacco allotment or 
quota under paragraph (1) of this subsection except--
        ``(i) between the lessor and lessee; or
        ``(ii) between the lessor or lessee and any attorney, trustee, 
    bank, or other agent or representative, who regularly represents the 
    lessor or lessee, as the case may be, in business transactions 
    unrelated to the production or marketing of tobacco.
    ``(C) No sublease or other transfer of such allotment or quota may 
be made by such lessee during the period of such lease.''
    Subsec. (c). Pub. L. 98-180, Sec. 206(a), struck out provisions 
requiring the lessor and lessee, in addition to a copy of the lease, to 
file with the county committee a written statement certifying compliance 
with the provisions of this section, authorizing the county committee, 
after notice and opportunity for hearing, to determine that a knowingly 
false statement was made in such written statement, specifying penalties 
for such false statement, directing that notice of the determination be 
mailed to the lessor or lessee, and permitting the lessor or lessee, if 
dissatisfied with such determination, to review such determination under 
section 1363 of this title.
    Subsec. (e)(1). Pub. L. 98-180, Sec. 206(b)(2), substituted ``the 
sale of a Flue-cured tobacco acreage allotment or poundage quota'' for 
``Flue-cured tobacco''.
    Subsec. (g)(2). Pub. L. 98-180, Sec. 206(b)(3), struck out last 
sentence which read as follows: ``Any person who owns any Flue-cured 
tobacco allotment or quota and leases such allotment or quota to another 
person for use in producing a crop shall be considered to have shared in 
the risk of producing such crop if, under the terms of such lease, 
subparagraphs (B) and (C) of this paragraph are satisfied with regard to 
such owner.''
    1982--Subsec. (a). Pub. L. 97-218, Sec. 201(a), designated existing 
provisions as par. (1), substituted ``shall permit the owner of any farm 
to which a Flue-cured tobacco acreage allotment or quota is assigned 
under this chapter and may permit the owner and operator'' for ``may 
permit the owner and operator'', and substituted ``(other than a Burley, 
Flue-cured, dark air-cured, fire-cured, Virginia sun-cured and cigar-
binder, type 54 or 55 tobacco acreage allotment) is established under 
this chapter, to lease'' for ``(other than a Burley, dark air-cured, 
fire-cured, Virginia sun-cured and cigar-binder, type 54 or 55 tobacco 
acreage allotment) is established under this chapter to lease'', and 
added par. (2).
    Subsec. (c). Pub. L. 97-218, Sec. 201(b), inserted references to 
sales of acreage allotments in provision requiring the filing of 
agreements with the county committee of the county in which the farms 
involved are located, substituted provisions that in the case of a lease 
and transfer of any Flue-cured tobacco allotment or quota regarding any 
crop, a lease under this section shall take effect only after the lessor 
and lessee each file with the county committee a copy of the lease 
together with a written statement of compliance, and provisions for 
penalties, after notice and opportunity for hearing, in the event a 
county committee determines that either the lessor or the lessee 
knowingly made a false statement in the written statement of compliance, 
together with provisions for review of any unfavorable determination 
upon request, for former provisions that any lease of Flue-cured tobacco 
acreage-poundage marketing quotas from any farm with an acreage-poundage 
marketing quota in excess of two thousand pounds filed on or after June 
15 in any year was not effective unless the acreage planted on both the 
lessor and the lessee farms during the current marketing year was as 
much as 80 per centum of the farm acreage allotment in effect for such 
year, and inserted references to transfers by sale in the provisions for 
the acre by acre approval of transfers when the transfer/transferee 
normal yield differential is 10 percent or less.
    Subsec. (e). Pub. L. 97-218, Sec. 201(c), designated existing 
provisions as par. (1), substituted ``transfer by lease or sale'' for 
``transfer by lease'' and ``cropland in the farm or, in the case of 
Flue-cured tobacco, of the acreage of tillable cropland (as defined in 
paragraph (2)) in the farm'' for ``cropland in the farm'', and added 
par. (2).
    Subsec. (g). Pub. L. 97-218, Sec. 201(d), added subsec. (g). Former 
subsec. (g), which related to emergency allotment leases and transfers 
for 1973 in certain disaster areas in Georgia and South Carolina, was 
struck out.
    Subsec. (h). Pub. L. 97-218, Sec. 201(d), added subsec. (h). Former 
subsec. (h), which related to emergency allotment leases and transfers 
for 1974 in certain disaster areas in North Carolina, was struck out.
    Subsec. (i). Pub. L. 97-218, Sec. 201(d), struck out subsec. (i) 
which related to emergency allotment leases and transfers for 1976 in 
certain disaster areas in Georgia and South Carolina.
    1977--Subsec. (c). Pub. L. 95-54 substituted provision allowing 
leasing of flue-cured tobacco acreage-poundage quotas after June 15 of 
any year only between farms on which at least 80 per centum of the farm 
acreage allotment was planted for such year for provision which had 
formerly required only a 50 per centum planting.
    1976--Subsec. (i). Pub. L. 94-445 added subsec. (i).
    1974--Subsec. (h). Pub. L. 93-464 added subsec. (h).
    1973--Subsec. (g). Pub. L. 93-80 added subsec. (g).
    1972--Subsec. (c). Pub. L. 92-311 substituted provisions that leases 
of Flue-cured tobacco acreage-poundage marketing quotas from any farm 
with an acreage-poundage marketing quota in excess of 2,000 pounds filed 
on or after June 15 in any year will not be effective unless the acreage 
planted on lessor and lessee farms during that year was 50 per centum of 
the farm acreage allotment in effect for such year, for provisions that 
such lease and transfer shall not be effective unless a copy of the 
lease was filed with the county committee prior to a closing date, not 
later than the normal planting time in the county, established by the 
Secretary.
    1970--Subsec. (a). Pub. L. 91-284, Sec. 1, authorized leases without 
limitation to crop years 1962 through 1970, prescribed conditions for 
permission from Secretary, substituted as excepted from allotment 
``Burley, dark air-cured, fire-cured, Virginia sun-cured and cigar-
binder, type 54 or 55 tobacco acreage allotment'' for ``Burley tobacco 
acreage allotment or a cigar-filler and cigar binder (types 42, 43, 44, 
53, 54, and 55) tobacco acreage allotment'', authorized lease of all of 
such allotment or quota, and deleted provision for recognition and 
consideration of lease and transfer of allotment as valid by the county 
committee upon compliance with conditions of this section.
    Subsec. (b). Pub. L. 91-284, Sec. 2, provided for execution of 
leases for term of years not exceeding five rather than on an annual 
basis.
    Subsec. (e). Pub. L. 91-284, Sec. 3, prescribed 10 acre limitation 
on the amount of cigar-filler tobacco types 42, 43, or 44 allotment 
acreage which may be leased and transferred to any farm.
    Subsec. (g). Pub. L. 91-284, Sec. 4, repealed provision for filing 
of leases for 1965 crop year.
    1968--Subsec. (a). Pub. L. 90-559 provided for a one year extension 
through 1970.
    1967--Subsec. (a). Pub. L. 90-6 struck out provision which 
restricted leasing and transferring of a Maryland tobacco allotment 
unless at least 75 percent of the allotment for the farm had been 
actually planted on such farm during each of the two immediately 
preceding years.
    Subsec. (e). Pub. L. 90-52 removed 5 acre limitation on amount of 
tobacco allotment acreage which may be leased and transferred to any 
farm.
    1966--Subsec. (c). Pub. L. 89-471 inserted proviso which allowed 
lease and transfer of an allotment notwithstanding failure to file a 
copy of the lease with the county committee prior to closing date if the 
Secretary finds that the lease was agreed upon prior to the closing date 
and the terms of the lease are reduced to writing and filed not later 
than the 31st day of July of the crop year to which the lease relates.
    1965--Subsec. (a). Pub. L. 89-321 extended from 1965 to 1969 the 
lease privilege for tobacco acreage allotments as well as the 
prohibition against lease eligibility for Maryland tobacco acreage 
allotments unless at least 75 per centum of the allotment for the farm 
was actually planted on such farm during each of the two immediately 
preceding years.
    Subsec. (g). Pub. L. 89-29 substituted ``1965 crop year'' for ``1964 
crop year'' and ``June 15, 1965'' for ``June 15, 1964'', and changed the 
date of filing from within twenty days of August 20, 1964, to within 
twenty days of May 27, 1965.
    1964--Subsec. (g). Pub. L. 88-469, Sec. 1, substituted ``1964 crop 
year'' for ``1962 crop year'' and ``June 15, 1964'' for ``June 15, 
1962'', and changed the date of filing from within twenty days of July 
10, 1962 to within twenty days of August 20, 1964.
    Subsec. (h). Pub. L. 88-469, Sec. 2, repealed subsec. (h) which 
related to filing of leases for 1963 crop year.
    1963--Subsec. (a). Pub. L. 88-68, Sec. 1(1), extended to crop years 
1964 and 1965 provisions permitting lease of tobacco acreage allotments, 
substituted ``or'' for ``, and for the 1963 crop year, other than'', 
inserted ``1962 or 1963'' before ``allotment'' in the Maryland tobacco 
provision and precluded the leasing of 1964 or 1965 Maryland tobacco 
allotment from the farm unless at least 75 per centum of the allotment 
for the farm was actually planted on such farm during each of the two 
immediately preceding years.
    Subsec. (b). Pub. L. 88-68, Sec. 1(2), required annual basis for 
leases and eliminated provisions against leases for any period exceeding 
1 year and for renewal of 1963 crop year leases, except renewal of 1963 
crop year leases for cigar-filler and cigar-binder (types 42, 43, 44, 
53, 54, and 55).
    Subsec. (h). Pub. L. 88-80 added subsec. (h).
    1962--Subsec. (a). Pub. L. 87-824 excepted for the 1963 crop year 
cigar-filler and cigar-binder (types 42, 43, 44, 53, 54, and 55) tobacco 
acreage allotments.
    Subsec. (b). Pub. L. 87-824 inserted proviso prohibiting renewal of 
lease for 1963 for cigar-filler and cigar-binder (types 42, 43, 44, 53, 
54, and 55) tobacco.
    Subsec. (g). Pub. L. 87-530 added subsec. (g).


                    Effective Date of 1983 Amendment

    Section 205(a) of Pub. L. 98-180 provided that the amendment made by 
that section is effective for 1984 and subsequent crops of tobacco.
    Section 206(a) of Pub. L. 98-180 provided that the amendment made by 
that section is effective for 1984 and subsequent crops of tobacco.
    Section 206(b) of Pub. L. 98-180 provided that the amendment made by 
that section is effective for 1987 and subsequent crops of tobacco.


                    Effective Date of 1982 Amendment

    Section 207 of title II of Pub. L. 97-218 provided that:
     ``(a) Except as provided in subsection (b), this title [enacting 
section 1314b-1 of this title and amending this section and sections 
1314, 1314c, 1314f, and 1316 of this title] shall take effect on the 
date of the enactment of this Act [July 20, 1982].
    ``(b) The amendments made by this title [enacting section 1314b-1 of 
this title and amending this section and sections 1314, 1314c, 1314f, 
and 1316 of this title] shall not apply to any lease of a Flue-cured 
tobacco acreage allotment or marketing quota entered into under the 
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) before the 
date of the enactment of this Act [July 20, 1982].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1314b-1, 1314c, 1316 of this 
title.
