
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: 7USC1350]

 
                          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. 1350. National base acreage allotment


(a) Establishment

    The Secretary shall establish for each of the 1971 through 1977 
crops of upland cotton a national base acreage allotment. Such national 
base acreage allotment shall be announced not later than November 15 of 
the calendar year preceding the year for which the national base acreage 
allotment is to be effective. The national base acreage allotment for 
any crop of cotton shall be the number of acres which the Secretary 
determines on the basis of the expected national yield will produce an 
amount of cotton equal to the estimated domestic consumption of cotton 
(standard bales of four hundred and eighty pounds net weight) for the 
marketing year beginning in the year in which the crop is to be 
produced, plus not to exceed 25 per centum thereof if the Secretary, 
taking into consideration other actions he may take under the 
Agricultural Act of 1970, determines that such additional amount is 
necessary to provide for a production which will equal the national 
cotton production goal, except that such national base acreage allotment 
shall be eleven million five hundred thousand acres for the 1971 crop 
and in the case of the 1972 through 1977 crops shall be in such amount 
as the Secretary determines necessary to maintain adequate supplies. The 
national base acreage allotment for the 1974 through 1977 crops shall 
not be less than eleven million acres.

(b) Apportionment to States

    The national base acreage allotment for each crop of upland cotton 
shall be apportioned by the Secretary to the States on the basis of the 
acreage planted (including acreage regarded as having been planted) to 
upland cotton within the farm acreage allotment or the farm base acreage 
allotment, whichever is in effect, during the five calendar years 
immediately preceding the calendar year in which the national cotton 
production goal is proclaimed, with adjustments for abnormal weather 
conditions or other natural disaster during such period.

(c) Apportionment to counties

    The State base acreage allotment for each crop of upland cotton 
shall be apportioned to counties on the same basis as to years and 
conditions as is applicable to the State under subsection (b) of this 
section: Provided, That the State committee may reserve not to exceed 2 
per centum of its State acreage allotment which shall be used to make 
adjustments in county allotments for trends in acreage, for counties 
adversely affected by abnormal conditions affecting plantings, or for 
small or new farms, or to correct inequities in farm allotments and to 
prevent hardships.

(d) Adjustment of apportionment bases for counties

    The Secretary shall adjust the apportionment base for each county as 
may be necessary because of transfers of allotments across county lines.

(e) Apportionment to farms

    (1) The county base acreage allotment for the 1971 crop shall be 
apportioned to old cotton farms in the county on the basis of the 
domestic acreage allotment established for the farm for the 1970 crop. 
For the 1972 and each subsequent crop of upland cotton the county base 
acreage allotment shall be apportioned to old cotton farms in the county 
on the basis of the farm base acreage allotment established for such 
farm for the preceding year. The county committee may reserve not in 
excess of 10 per centum of the county allotment which, in addition to 
the acreage made available under the proviso in subsection (c) of this 
section, shall be used for (A) establishing allotments for farms on 
which cotton was not planted (or regarded as planted) during any of the 
three calendar years immediately preceding the year for which the 
allotment is made, on the basis of land, labor, and equipment available 
for the production of cotton, crop-rotation practices, and the soil and 
other physical facilities affecting the production of cotton; and (B) 
making adjustments of the farm allotments established under this 
paragraph so as to establish allotments which are fair and reasonable in 
relation to the factors set forth in this paragraph and abnormal 
conditions of production on such farms, or in making adjustments in farm 
allotments to correct inequities and to prevent hardships. No part of 
such reserve shall be apportioned to a farm to reflect new cropland 
brought into production after November 30, 1970.
    (2) If for any crop the total acreage of cotton planted on a farm is 
less than the farm base acreage allotment, the farm base acreage 
allotment used as a base for the succeeding crop shall be reduced by the 
percentage by which such planted acreage was less than such farm base 
acreage allotment, but such reduction shall not exceed 20 per centum of 
the farm base acreage allotment for the preceding crop. If not less than 
90 per centum of the base acreage allotment for the farm is planted to 
cotton, the farm shall be considered to have an acreage planted to 
cotton equal to 100 per centum of such allotment. For purposes of this 
paragraph, an acreage on the farm which the Secretary determines was not 
planted to cotton because of drought, flood, other natural disaster, or 
a condition beyond the control of the producer shall be considered to be 
an acreage planted to cotton. For the purpose of this paragraph, the 
Secretary shall, in the event producers of wheat or feed grains are 
permitted to do so, permit producers of cotton to have acreage devoted 
to soybeans, wheat, feed grains, guar, castor beans, triticale, oats, 
rye or such other crops as the Secretary may deem appropriate considered 
as devoted to the production of cotton to such extent and subject to 
such terms and conditions as the Secretary determines will not impair 
the effective operation of the cotton or soybean program.
    (3) If no acreage is planted to cotton for any three consecutive 
crop years on any farm which had a farm base acreage allotment for such 
years, such farm shall lose its base acreage allotment.

(f) Surrender of farm base acreage allotments

    Effective for the 1971 through 1977 crops, any part of any farm base 
acreage allotment on which upland cotton will not be planted and which 
is voluntarily surrendered to the county committee shall be deducted 
from the farm base acreage allotment for such farm and may be 
reapportioned by the county committee to other farms in the same county 
receiving farm base acreage allotments in amounts determined by the 
county committee to be fair and reasonable on the basis of past acreage 
of upland cotton, land, labor, equipment available for the production of 
upland cotton, crop rotation practices, and soil and other physical 
facilities affecting the production of upland cotton. If all of the 
acreage voluntarily surrendered is not needed in the county, the county 
committee may surrender the excess acreage to the State committee to be 
used to make adjustments in farm base acreage allotments for other farms 
in the State adversely affected by abnormal conditions affecting 
plantings or to correct inequities or to prevent hardship. Any farm base 
acreage allotment released under this provision shall be regarded for 
the purpose of establishing future farm base acreage allotments as 
having been planted on the farm and in the county where the release was 
made rather than on the farm and in the county to which the allotment 
was transferred: Provided, That, notwithstanding any other provision of 
law, any part of any farm base acreage allotment for any crop year may 
be permanently released in writing to the county committee by the owner 
and operator of the farm and reapportioned as provided herein. Acreage 
released under this subsection shall be credited to the State in 
determining future allotments.

(g) Compliance with set-aside requirements

    Any farm receiving any base acreage allotment through release and 
reapportionment or sale, lease, or transfer shall, as a condition to the 
right to receive such allotment, comply with the set-aside requirements 
of section 1444(e)(4) of this title applicable to such acreage as 
determined by the Secretary.

(h) Transfer of farm base acreage allotments not planted because of 
        natural disaster or conditions beyond control of producer

    Notwithstanding any other provision of this chapter, if the 
Secretary determines for any year that because of drought, flood, other 
natural disaster, or a condition beyond the control of the producer a 
portion of the farm base acreage allotment in a county cannot be timely 
planted or replanted in such year, he may authorize for such year the 
transfer of all or a part of such cotton acreage for any farm in the 
county so affected to another farm in the county or in any other nearby 
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 upland 
cotton and will share in the proceeds thereof, in accordance with such 
regulations as the Secretary may prescribe. Any farm base acreage 
allotment transferred under this subsection shall be regarded as planted 
to upland cotton on the farm and in the county and State from which 
transfer is made for purposes of establishing future farm, county and 
State allotments.

(Feb. 16, 1938, ch. 30, title III, Sec. 350, as added Pub. L. 88-297, 
title I, Sec. 105, Apr. 11, 1964, 78 Stat. 175; amended Pub. L. 89-321, 
title IV, Sec. 401(3), Nov. 3, 1965, 79 Stat. 1193; Pub. L. 90-559, 
Sec. 1(2), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, title VI, 
Sec. 601(4), Nov. 30, 1970, 84 Stat. 1372; Pub. L. 93-86, Sec. 1(19) 
(A), (D)-(G), Aug. 10, 1973, 87 Stat. 233.)

                       References in Text

    The Agricultural Act of 1970, referred to in subsec. (a), is Pub. L. 
91-524, Nov. 30, 1970, 84 Stat. 1358, as amended. For complete 
classification of this Act to the Code, see Short Title of 1970 
Amendment note set out under section 1281 of this title and Tables.


                            Prior Provisions

    A prior section 1350, act Feb. 16, 1938, ch. 30, title III, 
Sec. 350, 52 Stat. 60, 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). See section 1347 of this title.


                               Amendments

    1973--Subsec. (a). Pub. L. 93-86, Sec. 1(19)(A), (D), (E), 
substituted ``1971 through 1977'' for ``1971, 1972, and 1973'' and 
``1972 through 1977'' for ``1972 and 1973'' and inserted requirement 
that the national base acreage allotment for the 1974 through 1977 crops 
shall not be less than eleven million acres.
    Subsec. (e)(2). Pub. L. 93-86, Sec. 1(19)(F), substituted 
``soybeans, wheat, feed grains, guar, castor beans, triticale, oats, rye 
or such other crops as the Secretary may deem appropriate'' for 
``soybeans, wheat or feed grains''.
    Subsec. (f). Pub. L. 93-86, Sec. 1(19)(A), substituted ``1971 
through 1977'' for ``1971, 1972, and 1973''.
    Subsec. (h). Pub. L. 93-86, Sec. 1(19)(G), substituted ``to another 
farm in the county or in any other nearby county'' for ``to another farm 
in the county or in an adjoining county''.
    1970--Pub. L. 91-524 designated existing provisions as subsec. (a), 
substituted provisions for the establishment of a national base acreage 
allotment covering each of the 1971, 1972, and 1973 crops of upland 
cotton for provisions authorizing the establishing of a national 
domestic allotment for the 1966 through 1970 crops of upland cotton, and 
added subsecs. (b) to (h).
    1968--Pub. L. 90-559 provided for a one year extension, substituting 
``1966 through 1970'' for ``1966, 1967, 1968, and 1969''.
    1965--Pub. L. 89-321 extended domestic acreage allotment program 
through the 1969 crop and otherwise amended section generally to 
authorize establishment of a national domestic allotment for each crop 
year equal to the estimated domestic consumption for the marketing year 
beginning in year in which crop is to be produced and to authorize 
determination of a farm domestic acreage allotment percentage for each 
year by dividing national domestic allotment by total for all States of 
product of State acreage allotment and the projected State yield.


                    Effective Date of 1973 Amendment

    Section 1(19)(E)-(G) of Pub. L. 93-86 provided that the amendments 
made by that section are effective beginning with 1974 crop.


                    Effective Date of 1970 Amendment

    Section 601 of Pub. L. 91-524 provided that the amendment made by 
that section is effective beginning with 1971 crop.


                    Effective Date of 1965 Amendment

    Section 401(3) of Pub. L. 89-321 provided that the amendment made by 
that section is effective with 1966 crop.


                       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 sections 1344, 1377, 1444 of this 
title.
