
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: 7USC1349]

 
                          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 iv--marketing quotas--cotton
 
Sec. 1349. Export market acreage


(a) Supplementary allotments for 1964 and 1965; acreage limitation; 
        apportionment among States and farms; ``export market acreage'' 
        on any farm; farm acreage allotment for farms with export 
        acreage; additional allotment; establishment of future 
        allotments without regard to export acreage; exclusion of extra-
        long-staple cotton and farms receiving additional price support 
        for 1964 and 1965

    The acreage allotment established under the provisions of section 
1344 of this title for each farm for the 1964 crop may be supplemented 
by the Secretary by an acreage equal to such percentage, but not more 
than 10 per centum, of such acreage allotment as he determines will not 
increase the carryover of upland cotton at the beginning of the 
marketing year for the next succeeding crop above one million bales less 
than the carryover on the same date one year earlier, if the carryover 
on such earlier date exceeds eight million bales. For the 1965 crop, the 
Secretary may, after such hearing and investigation as he finds 
necessary, announce an export market acreage which he finds will not 
increase the carryover of upland cotton at the beginning of the 
marketing year for the next succeeding crop above one million bales less 
than the carryover on the same date one year earlier, if the carryover 
on such earlier date exceeds eight million bales. Such export market 
acreage shall be apportioned to the States on the basis of the State 
acreage allotments established under section 1344 of this title and 
apportioned by the States to farms receiving allotments under section 
1344 of this title, pursuant to regulations issued by the Secretary, 
after considering applications for such acreage filed with the county 
committee of the county in which the farm is located. The ``export 
market acreage'' on any farm shall be the number of acres, not exceeding 
the maximum export market acreage for the farm established pursuant to 
this subsection, by which the acreage planted to cotton on the farm 
exceeds the farm acreage allotment. For purposes of sections 1345 and 
1374 of this title and the provisions of any law requiring compliance 
with a farm acreage allotment as a condition of eligibility for price 
support or payments under any farm program, the farm acreage allotment 
for farms with export market acreage shall be the sum of the farm 
acreage allotment established under section 1344 of this title and the 
maximum export market acreage. Export market acreage shall be in 
addition to the county, State, and National acreage allotments and shall 
not be taken into account in establishing future State, county, and farm 
acreage allotments. The provisions of this section shall not apply to 
extra-long-staple cotton or to any farm which receives price support 
under section 1444(b) of this title.

(b) Bond, other undertaking, and lieu payments for exportation without 
        subsidy and within specified period; terms and conditions; 
        liquidated damages; farm acreage allotment upon noncompliance 
        with conditions; remissions to CCC for defraying costs of 
        encouraging export sales of cotton

    The producers on any farm on which there is export market acreage or 
the purchasers of cotton produced thereon shall, under regulations 
issued by the Secretary, furnish a bond or other undertaking prescribed 
by the Secretary providing for the exportation, without benefit of any 
Government cotton export subsidy and within such period of time as the 
Secretary may specify, of a quantity of cotton produced on the farm 
equal to the average yield for the farm multiplied by the export market 
acreage as determined pursuant to regulations issued by the Secretary. 
The bond or other undertaking given pursuant to this section shall 
provide that, upon failure to comply with the terms and conditions 
thereof, the person furnishing such bond or other undertaking shall be 
liable for liquidated damages in an amount which the Secretary 
determines and specifies in such undertaking will approximate the amount 
payable on excess cotton under section 1346(a) of this title. The 
Secretary may, in lieu of the furnishing of a bond or other undertaking, 
provide for the payment of an amount equal to that which would be 
payable as liquidated damages under such bond or other undertaking. If 
such bond or other undertaking is not furnished, or if payment in lieu 
thereof is not made as provided herein, at such time and in the manner 
required by regulations of the Secretary, or if the acreage planted to 
cotton on the farm exceeds the farm acreage allotment established under 
the provisions of section 1344 of this title by more than the maximum 
export market acreage, the farm acreage allotment shall be the acreage 
so established under section 1344 of this title. Amounts collected by 
the Secretary under this section shall be remitted to the Commodity 
Credit Corporation and used by the Corporation to defray costs of 
encouraging export sales of cotton under section 1853 \1\ of this title.
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    \1\ See References in Text note below.
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(Feb. 16, 1938, ch. 30, title III, Sec. 349, as added Pub. L. 88-297, 
title I, Sec. 106(1), Apr. 11, 1964, 78 Stat. 175.)

                       References in Text

    Section 1853 of this title, referred to in subsec. (b), was repealed 
by Pub. L. 103-465, title IV, Sec. 412(c), Dec. 8, 1994, 108 Stat. 4964.


                            Prior Provisions

    A prior section 1349, act Feb. 16, 1938, ch. 30, title III, 
Sec. 349, 52 Stat. 59, was omitted by act Aug. 29, 1949, ch. 518, 
Sec. 1, 63 Stat. 670 which amended sections 342 to 350 of act Feb. 16, 
1938, ch. 30, title III, 52 Stat. 56 to 60 (sections 1342 to 1344, 1345 
to 1347, and prior sections 1348 to 1350 of this title) to be sections 
342 to 348 of act Feb. 16, 1938 (sections 1342 to 1344, 1345 to 1347, 
and a prior section 1348 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 Referred to in Other Sections

    This section is referred to in section 1376 of this title.
