
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1358a]

 
                          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 vi--marketing quotas--peanuts
 
Sec. 1358a. Transfer of peanut acreage allotments


(a) Authority to permit transfers

    Notwithstanding any other provision of law for the 1968 and 
succeeding crop years, the Secretary, if he determines that it will not 
impair the effective operation of the peanut marketing quota or price-
support program, (1) may permit the owner and operator of any farm for 
which a peanut acreage allotment is established under this chapter to 
sell or lease all or any part or the right to all or any part of such 
allotment to any other owner or operator of a farm in the same county 
for transfer to such farm; and (2) may permit the owner of a farm to 
transfer all or any part of such allotment to any other farm owned or 
controlled by him.

(b) Conditions upon transfer; adjustment of allotment

    Transfers under this section shall be subject to the following 
conditions: (1) no allotment shall be transferred to a farm in another 
county; (2) no transfer of an allotment 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 from a farm shall 
be permitted if any sale of allotment to the same farm has been made 
within the three immediately preceding crop years; (4) no transfer of 
allotment shall be effective until a record thereof is filed with the 
county committee of the county in which such transfer is made and such 
committee determines that the transfer complies with the provisions of 
this section; and (5) 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 
lease or sale and transfer shall be approved acre for acre, but 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: Provided, That in the event an allotment is 
transferred to a farm which at the time of such transfer is not 
irrigated, but within five years subsequent to such transfer is placed 
under irrigation, the Secretary shall also make an annual downward 
adjustment in the allotment so 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 actual 
yield for the previous year, adjusted for abnormal weather conditions, 
on the farm to which the allotment is transferred: Provided further, 
That, notwithstanding any other provision of this chapter, the 
adjustment made in any peanut allotment because of the transfer to a 
higher producing farm shall not reduce or increase the size of any 
future National or State allotment and an acreage equal to the total of 
all such adjustments shall not be allotted to any other farms.

(c) Transfer of acreage history and marketing quota; transfer by lease

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

(d) Eligibility of transferred land for new allotment

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

(e) Duration of lease; 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.

(f) Lease of part of acreage allotment; determination of future 
        allotments; eligibility for referendum

    The lease of any part of a peanut acreage allotment determined for a 
farm shall not affect the allotment for the farm from which such 
allotment 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 which is leased from a farm shall be 
considered for purposes of determining future allotments to have been 
planted to peanuts on the farm from which such allotment is leased and 
the production pursuant to the lease shall not be taken into account in 
establishing allotments 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 peanuts for purposes of eligibility to vote in the 
referendum.

(g) Regulations; limitations on transfers

    The Secretary shall prescribe regulations for the administration of 
this section which may include reasonable limitation on the size of the 
resulting allotments on farms to which transfers are made and such other 
terms and conditions as he deems necessary, but the total peanut 
allotment transferred to any farm by sale or lease shall not exceed 
fifty acres.

(h) Adjustment of rates for land utilization agreements

    If the sale or transfer 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.

(Feb. 16, 1938, ch. 30, title III, Sec. 358a, as added Pub. L. 90-211, 
Dec. 18, 1967, 81 Stat. 658; amended Pub. L. 91-122, Nov. 21, 1969, 83 
Stat. 213; Pub. L. 91-568, Dec. 22, 1970, 84 Stat. 1499; Pub. L. 95-113, 
title VIII, Sec. 803, Sept. 29, 1977, 91 Stat. 946; Pub. L. 97-98, title 
VII, Sec. 703, Dec. 22, 1981, 95 Stat. 1251; Pub. L. 99-198, title VII, 
Sec. 703, Dec. 23, 1985, 99 Stat. 1434; Pub. L. 100-387, title III, 
Sec. 304(a)(2), Aug. 11, 1988, 102 Stat. 948.)


                               Amendments

    1988--Subsec. (k)(1). Pub. L. 100-387 temporarily inserted at end 
``In the case of a fall transfer or a transfer after the normal planting 
season by a cash lessee, the landowner shall not be required to sign the 
transfer authorization. A fall transfer or transfer after the normal 
planting season may be made not later than 72 hours after the peanuts 
that are the subject of the transfer are inspected and graded.'' See 
Effective and Termination Dates of 1988 Amendment note below.
    1985--Subsecs. (k), (l). Pub. L. 99-198 temporarily added subsecs. 
(k) and (l). See Effective and Termination Dates of 1985 Amendment note 
below.
    1981--Subsecs. (i), (j). Pub. L. 97-98 temporarily added subsecs. 
(i) and (j). See Effective and Termination Dates of 1981 Amendment note 
below.
    1977--Subsec. (a). Pub. L. 95-113, Sec. 803(1), temporarily struck 
out ``, if he determines that it will not impair the effective operation 
of the peanut marketing quota or price support program,'' after ``the 
Secretary'' and substituted ``shall'' for ``may'' wherever appearing. 
See Effective and Termination Dates of 1977 Amendment note below.
    Subsec. (i). Pub. L. 95-113, Sec. 803(2), temporarily added subsec. 
(i). See Effective and Termination Dates of 1977 Amendment note below.
    1970--Subsec. (a). Pub. L. 91-568 substituted ``1968 and succeeding 
crop years'' for ``1968, 1969, and 1970 crop years''.
    1969--Subsec. (a). Pub. L. 91-122 inserted provisions relating to 
the 1970 crop year.


            Effective and Termination Dates of 1988 Amendment

    Section 304(a)(2) of Pub. L. 100-387 provided that the amendment 
made by that section is effective for 1986 through 1990 crops of 
peanuts.


            Effective and Termination Dates of 1985 Amendment

    Section 703 of Pub. L. 99-198 provided that the amendment made by 
that section is effective only for 1986 through 1990 crops of peanuts.


            Effective and Termination Dates of 1981 Amendment

    Section 703 of Pub. L. 97-98 provided that the amendment made by 
that section is effective only for 1982 through 1985 crops of peanuts.


            Effective and Termination Dates of 1977 Amendment

    Section 803 of Pub. L. 95-113 provided that the amendment made by 
that section is effective for 1978 through 1981 crops of peanuts.


                       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)(C) of this 
title.
    Pub. L. 101-624, title VIII, Sec. 801(2), Nov. 28, 1990, 104 Stat. 
3459, provided that subsecs. (a) through (h) of this section are 
inapplicable to 1991 through 1995 crops of peanuts.
    Section 701(2) of Pub. L. 99-198 provided that subsecs. (a) through 
(h) of this section are inapplicable to 1986 through 1990 crops of 
peanuts.
    Section 701(2) of Pub. L. 97-98 provided that subsecs. (a) through 
(h) of this section are inapplicable to 1982 through 1985 crops of 
peanuts.

                  Section Referred to in Other Sections

    This section is referred to in sections 1358-1, 7301 of this title.
