
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: 7USC1314d]

 
                          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. 1314d. Fire-cured, dark air-cured, and Virginia sun-cured 
        tobacco
        

(a) Sale or lease of acreage allotments and acreage-poundage quotas

    Notwithstanding any other provision of law, the Secretary, if he 
determines that it will not impair the effective operation of the 
tobacco marketing quota or price support programs, (1) may permit the 
owner and operator of any farm for which a Fire-cured, dark air-cured, 
or Virginia sun-cured tobacco acreage allotment or acreage-poundage 
quota is established under this chapter to sell or lease all or any part 
or the right to all or any part of such allotment or quota to any other 
owner or operator of a farm for transfer to such farm; and (2) may 
permit the owner of a farm to transfer all or any part of such allotment 
or quota to any other farm owned or controlled by him.

(b) Conditions for transfers

    Transfers under this section shall be subject to the following 
conditions: (1) except as provided in section 1379(b) of this title, no 
allotment or quota shall be transferred to a farm in another county: 
Provided, That in the case of Virginia fire-cured tobacco type 21 and 
Virginia sun-cured tobacco type 37, any such transfer may be made to a 
farm in another county in the same State; (2) no transfer other than by 
annual lease of an allotment or quota from a farm subject to a mortgage 
or other lien shall be permitted unless the transfer is agreed to by the 
lienholders; (3) no sale of a farm allotment or quota from a farm shall 
be permitted if any sale of allotment or quota to the same farm has been 
made within the three immediately preceding crop years; and (4) no 
transfer of allotment or quota 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.

(c) Transfer of acreage history and marketing quota

    The transfer of an allotment or quota under this section shall have 
the effect of transferring also the acreage history and marketing quota 
attributable to such allotment or quota and if the transfer is made 
prior to the determination of the allotment or quota for any year the 
transfer shall include the right of the owner or operator to have an 
allotment or quota determined for the farm for such year: Provided, That 
in the case of a transfer by lease the amount of the allotment or quota 
shall be considered for purposes of determining allotments or quotas 
after the expiration of the lease to have been planted on the farm from 
which such allotment is transferred.

(d) Five-year restriction on new farm allotments or quotas

    The land in the farm from which the entire tobacco allotment or 
quota has been transferred shall not be eligible for a new farm tobacco 
allotment or quota during the five years following the year in which 
such transfer is made.

(e) Allotment adjustment

    The transfer of an allotment or quota under this section shall be 
approved acre for acre.

(f) Lease term

    Any lease under this section 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.

(g) Transfer of allotments

    Under this section, the total acreage allotted to any farm after any 
transfer shall not exceed 50 percent of the acreage of cropland on the 
farm.

(h) Future allotments; referendum voting eligibility

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

(i) Land utilization agreements; payment adjustments

    If the sale or transfer under this section occurs during a period in 
which the farm is covered, by a conservation reserve contract, cropland 
conversion 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 transfer is made.

(j) Rules and regulations

    The Secretary shall prescribed such regulations and other terms and 
conditions as he deems necessary for the administration of this section.

(Feb. 16, 1938, ch. 30, title III, Sec. 318, as added Pub. L. 90-51, 
Sec. 1, July 7, 1967, 81 Stat. 120; amended Pub. L. 90-387, July 5, 
1968, 82 Stat. 293; Pub. L. 92-144, Oct. 23, 1971, 85 Stat. 393; Pub. L. 
98-180, title II, Sec. 212(a), Nov. 29, 1983, 97 Stat. 1149; Pub. L. 
102-566, Sec. 1, Oct. 28, 1992, 106 Stat. 4269; Pub. L. 106-224, title 
II, Sec. 204(b)(8), June 20, 2000, 114 Stat. 402.)


                               Amendments

    2000--Subsec. (g). Pub. L. 106-224 added heading and text of subsec. 
(g) and struck out former subsec. (g) which read as follows: ``Under the 
provisions of this section not more than ten acres of allotment may be 
transferred to any farm: Provided, That the total acreage allotted to 
any farm after such transfer shall not exceed 50 per centum of the 
acreage of cropland in the farm.''
    1992--Subsec. (e). Pub. L. 102-566 added subsec. (e) and struck out 
former subsec. (e) which read as follows: ``If the normal yield 
established by the county committee for the farm to which the allotment 
is transferred 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 for the farm to which the 
allotment is transferred.''
    1983--Subsec. (b). Pub. L. 98-180 inserted ``except as provided in 
section 1379(b) of this title,'' after ``(1)''.
    1971--Subsec. (b)(1). Pub. L. 92-144 inserted proviso referring to 
Virginia fire-cured tobacco type 21 and Virginia sun-cured tobacco type 
37.
    1968--Subsec. (b)(2). Pub. L. 90-387 inserted ``other than by annual 
lease'' after ``no transfer''.

                  Section Referred to in Other Sections

    This section is referred to in section 1314e of this title.
