
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: 7USC1334]

 
                          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 iii--marketing quotas--wheat
 
Sec. 1334. Apportionment of national acreage allotment


(a) Apportionment among States; special acreage reserve

    The national allotment for wheat, less a reserve of not to exceed 1 
per centum thereof for apportionment as provided in this subsection 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 acreage in 
the State allotted for 1966 under section 1335 of this title, adjusted 
to the extent deemed necessary by the Secretary to establish a fair and 
equitable 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 (1) 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, or (2) to increase the allotment for any county, in which wheat 
is the principal grain crop produced, on the basis of its relative need 
for such increase if the average ratio of wheat acreage allotment to 
cropland on old wheat farms in such county is less by at least 20 per 
centum than such average ratio on old wheat farms in an adjoining county 
or counties in which wheat is the principal grain crop produced or if 
there is a definable contiguous area consisting of at least 10 per 
centum of the cropland acreage in such county in which the average ratio 
of wheat acreage allotment to cropland on old wheat farms is less by at 
least 20 per centum than such average ratio on the remaining old wheat 
farms in such county, provided that such low ratio of wheat acreage 
allotment to cropland is due to the shift prior to 1951 from wheat to 
one or more alternative income-producing crops which, because of plant 
disease or sustained loss of markets, may no longer be produced at a 
fair profit and there is no other alternative income-producing crop 
suitable for production in the area or county. The increase in the 
county allotment under clause (2) of the preceding sentence shall be 
used to increase allotments for old wheat farms in the affected area to 
make such allotments comparable with those on similar farms in adjoining 
areas or counties but the average ratio of increased allotments to 
cropland on such farms shall not exceed the average ratio of wheat 
acreage allotment to cropland on old wheat farms in the adjoining areas 
or counties. 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 income-
producing 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.

(b) Apportionment among counties

    The State acreage allotment for wheat, less a reserve of not to 
exceed 3 per centum 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 1967 the increased acreage 
in the county allotted for 1966 pursuant to section 1335 of this title, 
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.

(c) Apportionment among farms; overplanted allotments; reductions; 
        notice

    (1) The allotment to the county shall be apportioned by the 
Secretary, through the local committees, among the farms within the 
county on the basis of past acreage of wheat, tillable acres, crop-
rotation practices, type of soil, and topography. Not more than 3 per 
centum of the State allotment shall be apportioned to farms on which 
wheat has not been planted during any of the three marketing years 
immediately preceding the marketing year in which the allotment is made. 
For the purpose of establishing farm acreage allotments--(i) the past 
acreage of wheat on any farm for 1958 or 1965 shall be the base acreage 
determined for the farm under the regulations issued by the Secretary 
for determining 1958 or 1965 farm wheat acreage allotments; (ii) if 
subsequent to the determination of such base acreage the 1958 or 1965 
wheat acreage allotment for the farm is increased through 
administrative, review, or court proceedings, the 1958 or 1965 farm base 
acreage shall be increased in the same proportion; and (iii) the past 
acreage of wheat for 1959 and any subsequent year except 1965 shall be 
the wheat acreage on the farm which is not in excess of the farm wheat 
acreage allotment, plus, in the case wheat acreage on the farm which is 
not in excess of wheat acreage allotment, the acreage diverted under 
such wheat allotment programs: Provided, That for 1959 and subsequent 
years in the case of any farm on which the entire amount of the farm 
marketing excess is delivered to the Secretary or stored in accordance 
with applicable regulations to avoid or postpone payment of the penalty, 
the past acreage of wheat for the year in which such farm marketing 
excess is so delivered or stored shall be the farm base acreage of wheat 
determined for the farm under the regulations issued by the Secretary 
for determining farm wheat acreage allotments for such year, but if any 
part of the amount of wheat so stored is later depleted and penalty 
becomes due by reason of such depletion, for the purpose of establishing 
farm wheat acreage allotments subsequent to such depletion the past 
acreage of wheat for the farm for the year in which the excess was 
produced shall be reduced to the farm wheat acreage allotment for such 
year.
    (2) Notwithstanding any other provision of law, each old or new farm 
acreage allotment for the 1962 crop of wheat as determined on the basis 
of a minimum national acreage allotment of fifty-five million acres 
shall be reduced by 10 per centum. In the event notices of farm acreage 
allotments for the 1962 crop of wheat have been mailed to farm operators 
prior to the effective date of this subparagraph (2), new notices 
showing the required reduction shall be mailed to farm operators as soon 
as practicable.
    (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 wheat has been 
planted, or is considered to have been planted, for harvest as grain in 
any one of the three years immediately preceding the year for which 
allotments are determined on the basis of past acreage of wheat and the 
farm acreage allotment for the year immediately preceding the year for 
which the allotment is being established, adjusted as hereinafter 
provided. For purposes of this paragraph, the acreage allotment for the 
immediately preceding year may be adjusted to reflect established crop-
rotation practices, may be adjusted downward to reflect a reduction in 
the tillable acreage on the farm, and may be adjusted upward to reflect 
such other factors as the Secretary determines should be considered for 
the purpose of establishing a fair and equitable allotment: Provided, 
That (i) for the purposes of computing the allotment for any year, the 
acreage allotment for the farm for the immediately preceding year shall 
be decreased by 7 per centum if for the year immediately preceding the 
year for which such reduction is made neither a voluntary diversion 
program nor a voluntary certificate program was in effect and there was 
noncompliance with the farm acreage allotment for such year; (ii) for 
purposes of clause (i), any farm on which the entire amount of farm 
marketing excess is delivered to the Secretary, stored, or adjusted to 
zero in accordance with applicable regulations to avoid or postpone 
payment of the penalty when farm marketing quotas are in effect, shall 
be considered in compliance with the allotment, but if any part of the 
amount of wheat so stored is later depleted and penalty becomes due by 
reason of such depletion, the allotment for such farm next computed 
after determination of such depletion shall be reduced by reducing the 
allotment for the immediately preceding year by 7 per centum; and (iii) 
for purposes of clause (i) if the Secretary determines that the 
reduction in the allotment does not provide fair and equitable treatment 
to producers on farms following special crop rotation practices, he may 
modify such reduction in the allotment as he determines to be necessary 
to provide fair and equitable treatment to such producers.

(d) Repealed. Pub. L. 89-321, title V, Sec. 501(6), Nov. 3, 1965, 79 
        Stat. 1201

(e) Increase in acreage allotments and marketing quotas for class II 
        durum wheat

    If, with respect to the 1962 and 1963 crops of wheat, the Secretary 
determines that the acreage allotments of farms producing durum wheat 
are inadequate to provide for the production of a sufficient quantity of 
durum wheat to satisfy the demands therefor (but not including export 
demand involving a subsidy by, or a loss to, the Federal Government), he 
shall increase the farm marketing quotas and acreage allotments for such 
crop of wheat for farms located in counties in the States of North 
Dakota, Minnesota, Montana, South Dakota, and California, designated by 
the Secretary as counties which (1) are capable of producing durum wheat 
(class II), and (2) have produced such wheat for commercial food 
products during one or more of the five years immediately preceding the 
year in which such crop is harvested. The Secretary shall determine the 
percentage factor by which the average acreage of durum wheat (class II) 
produced during the last two-year period for which statistics are 
available (excluding any increases in durum wheat acreage as a result of 
increases in wheat acreage allotments authorized by this subsection) 
must be increased to satisfy such demand. The wheat acreage allotment 
for any farm established for such crop without regard to this 
subsection, after reduction in the case of the 1962 crop as required by 
subsection (c)(2) of this section (hereinafter referred to as the 
``original allotment''), shall be increased by an acreage computed by 
multiplying the average acreage of durum wheat (class II) on the farm 
during such two-year period (excluding any increase in the acreage of 
durum wheat as a result of an increase in the wheat acreage allotment 
for the farm authorized by this subsection) by such percentage factor: 
Provided, That such increased allotment shall not exceed the cropland on 
the farm well suited to wheat. The increase in the wheat acreage 
allotment for any farm shall be conditioned upon the production of an 
acreage of durum wheat (class II) at least equal to the average acreage 
of such wheat produced during such two-year period plus the number of 
acres by which the allotment is increased. Any increases in wheat 
acreage allotments authorized by this subsection shall be in addition to 
the National, State, and county wheat acreage allotments, and such 
increases shall not be considered in establishing future State, county, 
and farm allotments. The provisions of sections 1326(b) and 1340(6) of 
this title, relating to the reduction of the storage amount of wheat 
shall apply to the allotment for the farm established without regard to 
this subsection and not to the increased allotment under this 
subsection. As used in this subsection the term ``durum wheat'' means 
durum wheat (class II) other than the varieties known as ``Golden Ball'' 
and ``Peliss''. Any farm receiving an increased allotment under this 
subsection shall not be required as a condition of eligibility for price 
support, or permitted, to participate in the special 1962 wheat program 
formulated under section 124 of the Agricultural Act of 1961, or section 
307 of the Food and Agriculture Act of 1962. The Secretary shall give 
growers and millers of durum wheat and manufacturers of semolina 
products an opportunity to present their views and recommendations, 
prior to making any determination hereunder.

(f) Voluntary surrender of acreage allotment

    Any part of any 1955, 1956, or 1957 farm wheat acreage allotment on 
which wheat will not be planted and which is voluntarily surrendered to 
the county committee shall be deducted from the allotment to such farm 
and may be reapportioned by the county committee to other farms in the 
same county receiving allotments in amounts determined by the county 
committee to be fair and reasonable on the basis of past acreage of 
wheat tillable acres, crop rotation practices, type of soil, and 
topography. If all of the allotted acreage voluntarily surrendered is 
not needed in the county, the county committee may surrender the excess 
acreage to the State committee to be used for the same purposes as the 
State acreage reserve under subsection (c) of this section. Any 
allotment transferred under this provision shall be regarded for the 
purposes of subsection (c) of this section as having been planted on the 
farm from which transferred rather than on the farm to which 
transferred, except that this shall not operate to make the farm from 
which the allotment was transferred eligible for an allotment as having 
wheat planted thereon during the three-year base period: Provided, That 
notwithstanding any other provisions of law, any part of any 1955, 1956, 
or 1957 farm acreage allotment may be permanently released in writing to 
the county committee by the owner and operator of the farm, and 
reapportioned as provided herein. Acreage surrendered, reapportioned 
under this subsection, and planted shall be credited to the State and 
county in determining future acreage allotments.

(g) Plantings in excess of allotments or where no allotment is 
        established

    Notwithstanding any other provision of law, no acreage in the 
commercial wheat-producing area seeded to wheat for harvest as grain in 
1958 or thereafter except 1965 in excess of acreage allotments shall be 
considered in establishing future State and county acreage allotments. 
The planting on a farm in the commercial wheat-producing area of wheat 
of the 1958 or any subsequent crop for which no farm wheat acreage 
allotment was established shall not make the farm eligible for an 
allotment as an old farm pursuant to the first sentence of subsection 
(c) of this section nor shall such farm by reason of such planting be 
considered ineligible for an allotment as a new farm under the second 
sentence of such subsection.

(h) Omitted

(i) Increase in acreage allotments for any kind of wheat in short 
        supply; storage reduction and land-use provisions inapplicable 
        to such wheat

    If, with respect to any crop of wheat, the Secretary finds that the 
acreage allotments of farms producing any type of wheat are inadequate 
to provide for the production of a sufficient quantity of such type of 
wheat to satisfy the demand therefor, the wheat acreage allotment for 
such crop for each farm located in a county designated by the Secretary 
as a county which (1) is capable of producing such type of wheat, and 
(2) has produced such type of wheat for commercial food products during 
one or more of the five years immediately preceding the year in which 
such crop is harvested, shall be increased by such uniform percentage as 
he deems necessary to provide for such quantity. No increase shall be 
made under this subsection in the wheat acreage allotment of any farm 
for any crop if any wheat other than such type of wheat is planted on 
such farm for such crop. Any increases in wheat acreage allotments 
authorized by this subsection shall be in addition to the National, 
State, and county wheat acreage allotments, and such increases shall not 
be considered in establishing future State, county, and farm allotments. 
The provisions of sections 1326(b) and 1340(6) of this title, relating 
to the reduction of the storage amount of wheat shall apply to the 
allotment for the farm established without regard to this subsection and 
not to the increased allotment under this subsection. The land-use 
provisions of section 1339 of this title shall not be applicable to any 
farm receiving an increased allotment under this subsection and the 
producers on such farms shall not be required to comply with such 
provisions as a condition of eligibility for price support.

(j) Increased durum wheat acreage allotments to Tulelake area, 
        California, for 1970 and subsequent years; factors 
        determinative; effect of increased allotments on marketing 
        allocations and diversion payments

    Notwithstanding any other provision of this chapter, the Secretary 
shall increase the acreage allotments for the 1970 and subsequent crops 
of wheat for privately owned farms in the irrigable portion of the area 
known as the Tulelake division of the Klamath project of California 
located in Modoc and Siskiyou Counties, California, as defined by the 
United States Department of the Interior, Bureau of Reclamation, and 
hereinafter referred to as the area. The increase for the area for each 
such crop shall be determined by adding, to the extent applications are 
made therefor, to the total allotments established for privately owned 
farms in the area for the particular crop without regard to this 
subsection (hereinafter referred to as the original allotments) an 
acreage sufficient to make available for each such crop a total 
allotment of twelve thousand acres for the area. The additional 
allotments made available by this subsection shall be in addition to the 
National, State, and county allotments otherwise established under this 
section, and the acreage planted to wheat pursuant to such increases in 
allotments shall not be taken into account in establishing future State, 
county, and farm acreage allotments except as may be desirable in 
providing increases in allotments for subsequent years under this 
subsection for the production of Durum \1\ wheat. The Secretary shall 
apportion the additional allotment acreage made available under this 
subsection between Modoc and Siskiyou Counties on the basis of the 
relative needs for additional allotments for the portion of the area in 
each county. The Secretary shall allot such additional acreage to 
individual farms in the area for which applications for increased 
acreages are made on the basis of tillable acres, crop rotation 
practices, type of soil and topography, and the original allotment for 
the farm, if any. The increase in the wheat acreage allotment for any 
farm under this subsection (1) shall not be taken into account in 
computing the farm wheat marketing allocation under section 1379b of 
this title, and (2) shall be conditioned upon the production of Durum 
\1\ wheat on the original allotment and on the increased acreage. The 
producers on a farm receiving an increased allotment under this 
subsection shall not be eligible for diversion payments under section 
1339 of this title.
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    \1\ So in original. Probably should not be capitalized.
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(k) Transfer of farm wheat acreage allotments in case of natural 
        disasters

    Notwithstanding any other provision of this chapter, if the 
Secretary determines that because of a natural disaster a portion of the 
farm wheat acreage allotments in a county cannot be timely planted or 
replanted, he may authorize the transfer of all or a part of the wheat 
acreage allotment for any farm in the county so affected to another farm 
in the county or in an adjoining county on which one or more of the 
producers on the farm from which the transfer is to be made will be 
engaged in the production of wheat and will share in the proceeds 
thereof, in accordance with such regulations as the Secretary may 
prescribe. Any farm allotment transferred under this subsection shall be 
deemed to be planted on the farm from which it was transferred for the 
purposes of acreage history credits under this chapter.

(Feb. 16, 1938, ch. 30, title III, Sec. 334, 52 Stat. 53; Apr. 7, 1938, 
ch. 107, Sec. 7, 52 Stat. 203; Feb. 6, 1942, ch. 44, Sec. 2, 56 Stat. 
52; July 14, 1953, ch. 194, Sec. 1, 67 Stat. 151; Jan. 30, 1954, ch. 2, 
Sec. 4, 68 Stat. 6; Aug. 28, 1954, ch. 1041, title III, Sec. 308, 68 
Stat. 903; Feb. 19, 1955, ch. 8, 69 Stat. 9; Mar. 16, 1956, ch. 86, 70 
Stat. 50; May 28, 1956, ch. 327, title III, Sec. 301, 70 Stat. 203; Aug. 
7, 1956, ch. 1030, Sec. 2, 70 Stat. 1117; Pub. L. 85-13, Apr. 2, 1957, 
71 Stat. 10; Pub. L. 85-203, Sec. 2, Aug. 28, 1957, 71 Stat. 477; Pub. 
L. 85-366, Apr. 4, 1958, 72 Stat. 78; Pub. L. 85-390, May 1, 1958, 72 
Stat. 101; Feb. 16, 1938, ch. 30, title III, Sec. 378(d), as added Pub. 
L. 85-835, title V, Sec. 501, Aug. 28, 1958, 72 Stat. 996; Pub. L. 86-
385, Feb. 20, 1960, 74 Stat. 4; Pub. L. 86-419, Apr. 9, 1960, 74 Stat. 
39; Pub. L. 87-128, title I, Secs. 121, 125, Aug. 8, 1961, 75 Stat. 296, 
300; Pub. L. 87-357, Oct. 4, 1961, 75 Stat. 778; Pub. L. 87-703, title 
III, Secs. 308(a), 313, Sept. 27, 1962, 76 Stat. 618, 620; Pub. L. 88-
64, July 17, 1963, 77 Stat. 79; Pub. L. 88-297, title II, Sec. 202(1)-
(5), Apr. 11, 1964, 78 Stat. 178, 179; Pub. L. 89-321, title V, 
Sec. 501(3)-(7), Nov. 3, 1965, 79 Stat. 1199-1201; Pub. L. 90-243, Jan. 
2, 1968, 81 Stat. 781; Pub. L. 91-220, Mar. 31, 1970, 84 Stat. 86; Pub. 
L. 99-198, title III, Sec. 304, Dec. 23, 1985, 99 Stat. 1379.)

                       References in Text

    Section 124 of the Agricultural Act of 1961, referred to in subsec. 
(e), is section 124 of Pub. L. 87-128 which was set out below.
    Section 307 of the Food and Agriculture Act of 1962, referred to in 
subsec. (e), is section 307 of Pub. L. 87-703 which was set out below.

                          Codification

    For omission of subsec. (h), see 1963 Amendment note below.


                               Amendments

    1985--Pub. L. 99-198, in amending section generally, temporarily 
substituted ``Farm marketing quotas'' for ``Apportionment of national 
acreage allotment'' in section catchline. See Effective and Termination 
Dates of 1985 Amendment note below.
    Subsec. (a). Pub. L. 99-198 amended subsec. (a) generally, 
temporarily substituting provisions requiring the Secretary to 
establish, for each crop of wheat for which a national marketing quota 
under section 1332 of this title has been proclaimed, a farm marketing 
quota for each farm on which wheat was planted, or considered planted, 
for harvest during the base period for provisions which required the 
Secretary to apportion the national acreage allotment for wheat, less a 
national acreage reserve and a special reserve which were provided for 
herein, among the States on the basis of each State's allotment for the 
preceding year, adjusted to the extent deemed necessary by the Secretary 
to establish a fair and equitable apportionment base for each State. See 
Effective and Termination Dates of 1985 Amendment note below.
    Subsec. (b). Pub. L. 99-198 amended subsec. (b) generally, 
temporarily substituting provisions establishing a formula for 
determination of the farm marketing quota for provisions which required 
the Secretary to apportion each State's acreage allotment for wheat 
among the counties of the State, less a reserve not to exceed 3 per 
centum thereof, on the basis of the preceding year's wheat allotment in 
each such county, adjusted to the extent deemed necessary by the 
Secretary in order to establish a fair and equitable apportionment base 
for each county. See Effective and Termination Dates of 1985 Amendment 
note below.
    Subsec. (c). Pub. L. 99-198 amended subsec. (c) generally, 
temporarily substituting provisions defining the circumstances under 
which wheat shall be considered to have been planted for harvest on the 
farm in any crop year for provisions relating to the apportionment among 
farms of each county's allotment under this section. See Effective and 
Termination Dates of 1985 Amendment note below.
    Subsec. (d). Pub. L. 99-198, in amending section generally, 
temporarily added subsec. (d).
    Subsecs. (e) to (k). Pub. L. 99-198, in amending section generally, 
temporarily struck out subsecs. (e) to (k) as follows:
        Subsec. (e) related to increase in acreage allotments and 
    marketing quotas for class II durum wheat.
        Subsec. (f) related to voluntary surrender of acreage allotments 
    for 1955, 1956, and 1957 crops of wheat.
        Subsec. (g) related to plantings in excess of allotments or 
    where no allotment was established, in the case of 1958 and 
    subsequent crops of wheat.
        Subsec. (h). There is no subsec. (h) for 1964 and subsequent 
    crop years. Subsec. (h) was omitted pursuant to the 1963 amendment 
    to this section by Pub. L. 88-64. See 1963 Amendments note set out 
    under this section.
        Subsec. (i) related to an increase in acreage allotments for any 
    kind of wheat in short supply, and enumerated provisions of law 
    inapplicable to such wheat.
        Subsec. (j) related to increased durum wheat acreage allotments 
    to the Tulelake area in California for 1970 and subsequent crops of 
    wheat.
        Subsec. (k) related to transfer of farm wheat acreage allotments 
    in case of natural disasters.
See Effective and Termination Dates of 1985 Amendment note below.
    1970--Subsec. (j). Pub. L. 91-220 removed the 1963 deadline on the 
Secretary's power to increase acreage allotments, empowering him to do 
so for the 1970 and subsequent wheat crops, made the area increase for 
each crop determinable, among other factors, by the extent to which 
applications are received therefor, removed requirement that acreage 
planted to wheat pursuant to increased allotments be considered in 
establishing future state, county and farm acreage allotments except 
where such consideration may be desirable in providing increased 
allotments for production of Durum wheat in subsequent years, 
conditioned wheat acreage allotments upon the production of Durum wheat 
on the original and increased acreage allotment, prohibited 
consideration of the increased acreage allotment in computing the farm 
wheat marketing allocation under section 1379b of this title, made 
producers on farms receiving increased allotments ineligible for 
diversion payments under section 1339 of this title, and struck out 
provisions prohibiting such producers from receiving price support, 
provisions making land use rules of section 1339 of this title 
inapplicable to farms receiving additional allotments, and provisions 
relating to 1962 and 1963 wheat crops.
    1968--Subsec. (a). Pub. L. 90-243 inserted provisions allowing the 
Secretary to make additional use, with specified limitations, of the 1 
percent national wheat acreage allotment reserve in counties which have 
wheat as the principal grain crop, an average ratio of wheat acreage 
allotment to cropland on old wheat farms at least 20 percent below that 
in an adjoining county or alternative ratio, a low ratio caused by a 
shift prior to 1951 from wheat to an alternative crop or crops which 
have become unprofitable because of plant disease or sustained loss of 
markets, and no alternative income-producing crop.
    1965--Subsec. (a). Pub. L. 89-321, Sec. 501(3), substituted the 
preceding year's allotment for the acreage seeded for the production of 
wheat over the preceding ten-year period as the basis for determining 
the state's apportioned share of the national acreage allotment and made 
provision for a special acreage reserve to be apportioned only to 
counties where wheat is a major income-producing crop.
    Subsec. (b). Pub. L. 89-321, Sec. 501(4), substituted the county's 
allotment covering the preceding year for the acreage seeded for the 
production of wheat during the ten calendar years immediately preceding 
the calendar year in which the national acreage allotment is determined 
as the basis for determining the county's allotment.
    Subsec. (c)(3), (4). Pub. L. 89-321, Sec. 501(5), added pars. (3) 
and (4).
    Subsec. (d). Pub. L. 89-321, Sec. 501(6), repealed subsec. (d) 
dealing with farms on which the entire amount of the farm marketing 
excess has been delivered to the Secretary or stored in accordance with 
applicable provisions.
    Subsec. (g). Pub. L. 89-321, Sec. 501(7), struck out ``except as 
prescribed in the provisos to the first sentence of subsections (a) and 
(b) respectively of this section'' after ``county acreage allotments.''
    1964--Subsec. (a). Pub. L. 88-297, Sec. 202(1), provided (1) for the 
apportionment among the States of the national acreage allotment for 
wheat less the special acreage reserve; (2) that in establishing State 
acreage allotments, the acreage seeded for the production of wheat plus 
the acreage diverted for 1965 for any farm shall be the base acreage of 
wheat determined for the farm under regulations for determining farm 
wheat acreage allotments for 1965; and (3) beginning with the 1965 crop, 
a special acreage reserve and uses of such reserve and apportionment to 
counties of such reserve.
    Subsec. (b). Pub. L. 88-297, Sec. 202(2), provided that in 
establishing county acreage allotments, the acreage seeded for the 
production of wheat plus the acreage diverted for 1965 for any farm 
shall be the base acreage of wheat determined for the farm under 
regulations for determining farm wheat acreage allotments for 1965.
    Subsec. (c)(1). Pub. L. 88-297, Sec. 202(3), inserted in third 
sentence, cls. (i) and (ii), ``or 1965'' after ``1958'' wherever 
appearing and in third sentence, cl. (iii), ``except 1965'' after ``any 
subsequent year.''
    Subsec. (g). Pub. L. 88-297, Sec. 202(4), inserted in first sentence 
``except 1965'' after ``in 1958 or thereafter''.
    Subsec. (k). Pub. L. 88-297, Sec. 202(5), added subsec. (k).
    1963--Subsec. (h). There is no subsec. (h) for 1964 and Subsequent 
Wheat Crops. Pub. L. 87-703, Sec. 313(2), redesignated former subsec. 
(i) (so designated through the 1963 Wheat Crop) as (h). Pub. L. 88-64, 
Sec. 1(a), redesignated former subsec. (i) (so designated through the 
1963 Wheat Crop) as (j).
    Subsec. (i). Pub. L. 88-64, Sec. 1(a), redesignated former subsec. 
(i) (so designated through the 1963 Wheat Crop) as (j). Pub. L. 87-703, 
Sec. 313(4), added subsec. (i) (effective with the 1964 Wheat Crop). See 
1962 Amendment note hereunder.
    Subsec. (j). Pub. L. 88-64 redesignated former subsec. (i) (so 
designated through the 1963 Wheat Crop) as (j), inserted ``privately 
owned'' before ``farms'' in first and second sentences and increased 
from eight to twelve thousand acres the total acreage allotment for each 
crop.
    1962--Subsec. (e). Pub. L. 87-703, Secs. 308(a), 313(1), inserted 
provision respecting participation in the special wheat program 
formulated under section 307 of the Food and Agriculture Act of 1962 and 
substituted ``the 1962 and 1963 crops'' for ``any of the 1962, 1963, and 
1964 crops'', respectively.
    Subsec. (g). Pub. L. 87-703, Sec. 313(2), redesignated former 
subsec. (h) as (g). Former subsec. (g), which related to weather 
conditions, underplanting, and subnormal production affecting acreage 
allotments, was repealed by such section 313(2). See section 1377 of 
this title.
    Subsec. (h). Pub. L. 87-703, Sec. 313 (2), (3), redesignated former 
subsec. (i) as (h) and inserted the sentence ``The land-use provisions 
of section 1339 of this title shall not be applicable to any farm 
receiving an additional allotment under this subsection.'' Former 
subsec. (h) redesignated (g). See Effective Date of 1962 Amendment note 
below making the changes effective with the 1964 Wheat Crop. Pub. L. 88-
64, Sec. 1(a), redesignated former subsec. (i) (so designated through 
the 1963 Wheat Crop) as (j). There is no subsec. (h) for 1964 and 
Subsequent Wheat Crops. See 1963 Amendment note above.
    Subsec. (i). Pub. L. 87-703, Sec. 313(4), added subsec. (i). Former 
subsec. (i) redesignated (h).
    1961--Subsec. (c). Pub. L. 87-128, Sec. 121, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (e). Pub. L. 87-128, Sec. 125, authorized the Secretary to 
increase durum wheat acreage allotment during 1962, 1963, and 1964 crops 
of wheat when he determines that acreage allotments established for 
durum wheat farms will be inadequate to produce a sufficient quantity of 
durum wheat to meet demand therefor, not including export demand 
involving a subsidy by or loss to the Federal Government, by such 
percentage factor as is determined to be necessary to provide for the 
increase in quantity the increase not to exceed the cropland on the farm 
well suited to wheat and to be conditioned upon the production of an 
acreage of durum wheat (class II) at least equal to the average acreage 
of such wheat produced during prescribed two-year period plus the number 
of acres by which the allotment is increased, provided that any farm 
receiving an increased durum wheat allotment shall not be required as a 
condition of price support, or permitted, to participate in the special 
1962 wheat diversion program, and required the Secretary to become 
familiar with the views and recommendations of durum wheat grower and 
millers and manufacturers of semolina products prior to making any 
determinations. Former provisions of the subsection related to increase 
in allotment for durum wheat farms for 1957 crop of wheat, conditioned 
upon the production of durum wheat (class II) on the increased acreage 
and determined by adding to the allotment established without regard to 
subsec. (e) an acreage equal to the acreage by which the original 
allotment exceeded the 1957 acreage on the farm of classes of wheat 
other than durum wheat (class II), but not exceeding the smaller of the 
cropland on the farm well suited to wheat or the wheat acreage on the 
farm.
    Subsec. (i). Pub. L. 87-357 substituted ``1958 through 1963'' for 
``1958 through 1961'', and excluded from any general reduction in farm 
acreage allotments or farm acreage diversion program for the 1962 or 
1963 wheat crop, the farms for which acreage allotments are increased 
under the provisions hereof, unless such reduction is specifically made 
applicable.
    1960--Subsec. (d). Pub. L. 86-419 added subsec. (d).
    Subsec. (i). Pub. L. 86-385 substituted ``1958 through 1961'' for 
``1958 and 1959''.
    1958--Subsec. (a). Pub. L. 85-366, Sec. 1(1), inserted proviso that 
in establishing State acreage allotments acreage seeded plus acreage 
diverted for 1959 and subsequent years for farm on which entire 
marketing excess is delivered to Secretary or stored to avoid penalty 
shall be base acreage determined for farm by Secretary's regulations for 
such year, but if such stored wheat is subsequently depleted, resulting 
in penalty, farm's seeded plus diverted acreage for year excess was 
produced shall be reduced to acreage allotment for such year.
    Subsec. (b). Pub. L. 85-366, Sec. 1(2), inserted proviso that in 
establishing county acreage allotments acreage seeded plus acreage 
diverted for 1959 and subsequent years for farm on which entire 
marketing excess is delivered to Secretary or stored to avoid penalty 
shall be base acreage determined for farm by Secretary's regulations for 
such year, but if such stored wheat is subsequently depleted, resulting 
in penalty, farm's seeded plus diverted acreage for year excess was 
produced shall be reduced to acreage for such year.
    Subsec. (c). Pub. L. 85-366, Sec. 1(3), inserted sentence relating 
to establishment of farm acreage allotment for 1958 and past acreage for 
1959 and subsequent years, with the proviso that for 1959 and subsequent 
years, any farm on which entire marketing excess is delivered to 
Secretary or stored to avoid penalty, the past acreage for the year of 
delivery or storage shall be the base acreage determined for farm by 
Secretary's regulations for such year, but if such stored wheat is 
subsequently depleted, resulting in penalty, past acreage of wheat for 
year excess was produced shall be reduced to farm allotment for such 
year.
    Subsec. (d). Act Feb. 16, 1938, Sec. 378(d), as added by Pub. L. 85-
835, repealed subsec. (d) which related to adjustment of allotment upon 
acquisition of part of farms by United States for defense.
    Subsec. (h). Pub. L. 85-366, Sec. 1(4), substituted ``future State 
and county acreage allotments except as prescribed in the provisos to 
the first sentence of subsections (a) and (b), respectively, of this 
section'' for ``future State, county, and farm acreage allotments''.
    Subsec. (i). Pub. L. 85-390 added subsec. (i).
    1957--Subsec. (e). Pub. L. 85-13 substituted ``1957'' for ``1956'' 
in two places, substituted ``1952 through 1956'' for ``1951 through 
1955'', prohibited increase of acreage allotment under subsec. (e) by 
more than 60 acres, inserted clause providing for fixing ``farm acreage 
allotment'' as allotment established without regard to subsec. (e) and 
clause providing for counting each acre planted to durum wheat as one-
half acre of wheat for application of section 1821(a)(1) of this title, 
and inserted provision that ``wheat acreage on the farm'' includes 
acreage in the wheat acreage report.
    Subsec. (h). Pub. L. 85-203 added subsec. (h).
    1956--Subsec. (e). Act Mar. 16, 1956, extended increased durum 
allotment to the 1956 crop and to certain counties in California, 
shortened the production history from 10 to 5 years and advanced it 1 
year to include 1955, and made increased durum allotment dependent upon 
reduced planting of other wheat.
    Subsec. (f). Act May 28, 1956, substituted ``1955, 1956, or 1957'' 
for ``1955'', in two places.
    Subsec. (g). Act Aug. 7, 1956, added subsec. (g).
    1955--Subsec. (e). Act Feb. 19, 1955, removed for 1955, requirements 
restricting increased acreage allotments to producers who devote a 
normal share of their original allotment to durum and who have produced 
durum in 1 or more of the preceding 3 years.
    1954--Subsec. (e). Act Jan. 30, 1954, added subsec. (e).
    Subsec. (f). Act Aug. 28, 1954, added subsec. (f).
    1953--Subsec. (a). Act July 14, 1953, provided a reserve of up to 1 
percent of the national acreage allotment for counties in which new 
areas have come into production.
    Subsec. (b). Act July 14, 1953, provided for a 3 percent reserve of 
State acreage allotments for new farms.
    Subsec. (c). Act July 14, 1953, recognized the use of past acreage 
as a factor in making farm allotments and placed the reserves for new 
farms on a State basis instead of a county basis.
    Subsec. (d). Act July 14, 1953, made the provision relating to farms 
acquired for national-defense purposes apply to farms acquired in 1950 
or thereafter instead of 1940 or thereafter.
    1942--Subsec. (d). Act Feb. 6, 1942, added subsec. (d).
    1938--Subsec. (b). Act Apr. 7, 1938, struck out ``net'' before 
``acreage diverted'' from parenthetical provision.


            Effective and Termination Dates of 1985 Amendment

    Section 304 of Pub. L. 99-198 provided that the amendment made by 
that section is effective only for 1987 through 1990 crops of wheat.


                    Effective Date of 1965 Amendment

    Amendment by Pub. L. 89-321 effective beginning with crop planted 
for harvest in calendar year 1966, see section 501 of Pub. L. 89-321, 
set out as a note under section 1332 of this title.


                    Effective Date of 1962 Amendment

    Amendment by section 313 of Pub. L. 87-703 effective only with 
respect to programs applicable to crops planted for harvest in calendar 
year 1964 or any subsequent year and marketing years beginning in 
calendar year 1964, or any subsequent year, see section 323 of Pub. L. 
87-703, set out as a note under section 1301 of this title.


                    Effective Date of 1956 Amendment

    Act Aug. 7, 1956, provided that the amendment made by that act is 
effective beginning with 1957 crop of wheat.


                    Effective Date of 1955 Amendment

    Act Feb. 19, 1955, provided that the amendment made by that act is 
effective beginning with 1955 crop of wheat.


                    Effective Date of 1953 Amendment

    Section 5 of act July 14, 1953, provided that: ``Sections 1, 2, and 
3 of this Act [amending this section and sections 1339 and 1340 of this 
title] shall become effective with respect to the 1954 and subsequent 
crops of wheat.''


                            Savings Provision

    Transfer or reassignment of allotment as remaining in effect and 
ineligibility of displaced farm owner for additional allotment 
notwithstanding repeal of subsec. (d), see note set out under section 
1378 of this title.


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this 
title.
    Section inapplicable to 1991 through 1995 crops of wheat, see 
section 303 of Pub. L. 101-624, set out as a note under section 1331 of 
this title.
    Section inapplicable to 1986 crop of wheat, see section 310(a) of 
Pub. L. 99-198, set out as a note under section 1332 of this title.
    Section inapplicable to 1982 through 1985 crops of wheat, see 
section 303 of Pub. L. 97-98, set out as a note under section 1331 of 
this title.
    Section inapplicable to 1978 through 1981 crops of wheat, see 
section 404 of Pub. L. 95-113, set out as a note under section 1331 of 
this title.
    Pub. L. 91-524, title IV, Sec. 404(2), Nov. 30, 1970, 84 Stat. 1366, 
as amended by Pub. L. 93-86, Sec. 1(11), Aug. 10, 1973, 87 Stat. 229, 
provided that this section is not applicable to 1972 through 1977 crops 
of wheat.


             Farm Acreage Allotments for 1966 Crop of Wheat

    Section 512 of Pub. L. 89-321 required the national, State, county, 
and farm acreage allotments for 1966 crop of wheat to be established in 
accordance with the provisions of law in effect prior to Nov. 3, 1965.


                   1963 Diverted Wheat Acreage Program

    Section 307 of Pub. L. 87-703 provided that payments were authorized 
to be made in cash or wheat by the Commodity Credit Corporation to 
producers on any farm, except farms with new farm wheat allotments, if 
marketing quotas were in effect for the 1963 wheat crop, if they 
diverted certain acreage from wheat production, and if they devoted such 
acreage to conservation uses; that such acreage was to be in addition to 
acreage diverted to conservation uses for which payment was made under 
other federal programs although cost-sharing payments under the 
agricultural conservation program or the Great Plains program were not 
precluded; that advance payments up to fifty per cent could be made; 
that wheat stored to avoid a marketing quota penalty was not to be 
released for underplanting based on such diverted acreage; that the 
Secretary could promulgate regulations; and that the Commodity Credit 
Corporation could use its capital funds and assets to make payments.


   Applicability of 1963 Diverted Wheat Acreage Program to Increased 
                             Allotment Farms

    Section 308(b) of Pub. L. 87-703 provided that the special wheat 
program formulated under section 307 of Pub. L. 87-703 [set out above] 
was not applicable to any farm receiving an additional acreage allotment 
for wheat in short supply under section 334(i) of the Agricultural 
Adjustment Act of 1938, as amended [subsec. (i) of this section].


                   1962 Diverted Wheat Acreage Program

    Section 124 of Pub. L. 87-128, as amended by Pub. L. 87-410, Mar. 3, 
1962, 76 Stat. 19; Pub. L. 87-451, Secs. 1-3, May 15, 1962, 76 Stat. 70, 
provided that producers on any farm, except farms with a new farm wheat 
allotment, were entitled to payments if marketing quotas were in effect 
for the 1962 wheat crop, if they diverted certain acreage from wheat 
production, and if such diverted acreage were devoted to conservation 
uses; that the payments were to be made by the Commodity Credit 
Corporation in cash or wheat and computed as therein provided; that 
additional acreage could be diverted and payments made with respect 
thereto; that any diverted acreage was to be in addition to acreage 
diverted for conservation uses for which payment is made under any other 
federal program except that cost-sharing payments under the agricultural 
conservation program or the Great Plains program were not precluded; 
that advance payments up to 50 per cent could be made; that wheat stored 
to avoid a marketing quota penalty was not to be released for 
underplanting based on such diverted acreage; that the Secretary could 
promulgate regulations; and that the Commodity Credit Corporation could 
use its capital funds and assets to make payments.


                     Acreage Allotment for 1954 Crop

    Section 4(a) of act July 14, 1953, provided that the National 
acreage allotment for 1954 crop of wheat shall not be less than sixty-
two million acres.


                     Acreage Allotment for 1950 Crop

    Section 5 of act Aug. 29, 1949, ch. 518, 63 Stat. 677, provided that 
the farm acreage allotment of wheat for 1950 crop for any farm was not 
to be less than the larger of--
        (A) 50 per centum of--
            (1) the acreage on the farm seeded for the production of 
        wheat in 1949, and
            (2) any other acreage seeded for the production of wheat in 
        1948 which was fallowed and from which no crop was harvested in 
        the calendar year 1949, or
        (B) 50 per centum of--
            (1) the acreage on the farm seeded for the production of 
        wheat in 1948, and
            (2) any other acreage seeded for the production of wheat in 
        1947 which was fallowed and from which no crop was harvested in 
        the calendar year 1948,
adjusted in the same ratio as the national average seedings for the 
production of wheat during the ten calendar years 1939-1948 (adjusted as 
provided by this chapter) bore to the national acreage allotment for 
wheat for the 1950 crop: Provided, That no acreage was to be included 
under (A) or (B) which the Secretary, by appropriate regulations, 
determined would become an undue erosion hazard under continued farming. 
To the extent that the allotment to any county was insufficient to 
provide for such minimum farm allotments, the Secretary was to allot 
such county such additional acreage (which was to be in addition to the 
county, State, and national acreage allotments otherwise provided for 
under the Agricultural Adjustment Act of 1938, as amended [this 
chapter]) as was necessary in order to provide for such minimum farm 
allotments.


                    Emergency Farm Acreage Allotment

    Act Feb. 28, 1945, ch. 15, 59 Stat. 9, provided for farm acreage 
allotment during national emergency proclaimed by the President on Sept. 
8, 1939, and May 27, 1941. Such emergencies terminated on July 25, 1947, 
by the provisions of Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 
451.
