
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: 7USC1374]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                    Part C--Administrative Provisions
 
            subpart ii--adjustment of quotas and enforcement
 
Sec. 1374. Measurement of farms and report of plantings; 
        remeasurement
        
    (a) The Secretary shall provide for ascertaining, by measurement or 
otherwise, the acreage of any agricultural commodity or land use on 
farms for which the ascertainment of such acreage is necessary to 
determine compliance under any program administered by the Secretary. 
Insofar as practicable, the acreage of the commodity and land use shall 
be ascertained prior to harvest, and, if any acreage so ascertained is 
not in compliance with the requirements of the program the Secretary, 
under such terms and conditions as he prescribes, may provide a 
reasonable time for the adjustment of the acreage of the commodity or 
land use to the requirements of the program. Where cotton is planted in 
skiprow patterns, the same rules that were in effect for the 1971 
through 1973 crops for classifying the acreage planted to cotton and the 
area skipped shall also apply to the 1974 through 1995 crops, except 
that, for the 1991 through 1995 crops, the rules shall allow 30 inch 
rows (or, at the option of those cotton producers who had an established 
practice of using 32 inch rows before the 1991 crop, 32 inch rows) to be 
taken into account for classifying the acreage planted to cotton and the 
area skipped. For the 1992 through 1995 crops, the rules establishing 
the requirements for eligibility for conserving use for payment acres 
shall be the same rules as were in effect for 1991 crops.
    (b) With respect to cotton, the Secretary, upon such terms and 
conditions as he may by regulation prescribe, shall provide, through the 
county and local committees for the measurement prior to planting of an 
acreage on the farm equal to the farm acreage allotment if so requested 
by the farm operator, and any farm on which the acreage planted to 
cotton does not exceed such measured acreage shall be deemed to be in 
compliance with the farm acreage allotment.
    (c) The Secretary shall by appropriate regulations provide for the 
remeasurement upon request by the farm operator of the acreage planted 
to such commodity on the farm and for the measurement of the acreage 
planted to such commodity on the farm remaining after any adjustment of 
excess acreage hereunder and shall prescribe the conditions under which 
the farm operator shall be required to pay the county committee for the 
expense of the measurement of adjusted acreage or the expense of 
remeasurement after the initial measurement or the measurement of 
adjusted acreage. The regulations shall also provide for the refund of 
any deposit or payment made for the expense of the remeasurement of the 
initially determined acreage or the adjusted acreage when because of an 
error in the determination of such acreage the remeasurement brings the 
acreage within the allotment or permitted acreage or results in a change 
in acreage in excess of a reasonable variation normal to measurements of 
acreage of the commodity. Unless the requirements for measurement of 
adjusted acreage are met by the farm operator, the acreage prior to such 
adjustment as determined by the county committee shall be considered the 
acreage of the commodity on the farm in determining whether the 
applicable farm allotment has been exceeded.

(Feb. 16, 1938, ch. 30, title III, Sec. 374, 52 Stat. 65; Apr. 3, 1941, 
ch. 39, Sec. 8, 55 Stat. 92; Aug. 29, 1949, ch. 518, Sec. 2(b), 63 Stat. 
676; Aug. 28, 1954, ch. 1041, title III, Sec. 311(b), 68 Stat. 904; Pub. 
L. 86-553, Secs. 1, 2, June 30, 1960, 74 Stat. 258; Pub. L. 89-321, 
title VII, Secs. 701, 702, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91-524, 
title VI, Sec. 612, Nov. 30, 1970, as added Pub. L. 93-86, Sec. 1(25), 
Aug. 10, 1973, 87 Stat. 236; Pub. L. 95-113, title VI, Sec. 605, Sept. 
29, 1977, 91 Stat. 940; Pub. L. 97-98, title V, Sec. 505, Dec. 22, 1981, 
95 Stat. 1241; Pub. L. 99-198, title V, Sec. 505, Dec. 23, 1985, 99 
Stat. 1418; Pub. L. 101-624, title V, Sec. 504, Nov. 28, 1990, 104 Stat. 
3440; Pub. L. 102-237, title I, Sec. 116(2), Dec. 13, 1991, 105 Stat. 
1840.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-237 inserted ``(or, at the option of 
those cotton producers who had an established practice of using 32 inch 
rows before the 1991 crop, 32 inch rows)'' after ``30 inch rows'' and 
inserted at end ``For the 1992 through 1995 crops, the rules 
establishing the requirements for eligibility for conserving use for 
payment acres shall be the same rules as were in effect for 1991 
crops.''
    1990--Subsec. (a). Pub. L. 101-624 substituted ``1995 crops, except 
that, for the 1991 through 1995 crops, the rules shall allow 30 inch 
rows to be taken into account for classifying the acreage planted to 
cotton and the area skipped'' for ``1990 crops''.
    1985--Subsec. (a). Pub. L. 99-198 substituted ``1990 crops'' for 
``1985 crops''.
    1981--Subsec. (a). Pub. L. 97-98 substituted ``1985 crops'' for 
``1981 crops''.
    1977--Subsec. (a). Pub. L. 95-113 substituted ``1981'' for ``1977'' 
in provisions setting the last year for application of the 1971 through 
1973 skiprow patterns in classifying the acreage planted to cotton.
    1973--Subsec. (a). Pub. L. 91-524, Sec. 612, as added by Pub. L. 93-
86, inserted provisions relating to cotton planted in skiprow patterns.
    1965--Subsec. (a). Pub. L. 89-321, Sec. 701, removed references to 
county and local committees as the agent for measuring commodity or land 
use acreage, substituted a general reference to any agricultural 
commodity or land use on farms requiring ascertainment of acreage for 
specific reference to corn, wheat, cotton, peanuts, or rice, and 
substituted provisions requiring ascertainment of commodity and land use 
prior to harvesting and allowing a reasonable time for adjustment of 
acreage requirements for provisions requiring the filing of a written 
report by the local committee with the state committee in the event of 
planting in excess of farm acreage allotment.
    Subsec. (c). Pub. L. 89-321, Sec. 702, struck out sentence directing 
the Secretary to provide by regulation for the adjustment of planted 
acreage to the farm acreage allotment if the acreage determined to be 
planted to any basic agricultural commodity on the farm is in excess of 
the farm acreage allotment.
    1960--Subsec. (b). Pub. L. 86-553, Sec. 1, struck out second 
sentence which read as follows: ``The Secretary shall similarly provide 
for the remeasurement upon request by the farm operator of the acreage 
planted to cotton on the farm, but the operator shall be required to 
reimburse the local committee for the expense of such remeasurement if 
the planted acreage is found to be in excess of the allotted acreage'' 
which is now covered by subsec. (c) of this section.
    Subsec. (c). Pub. L. 86-553, Sec. 2, authorized Secretary to provide 
by regulations for remeasurement of acreage planted to a basic 
agricultural commodity and for measurement of acreage planted to such 
commodity remaining after adjustment of excess of measurement and 
remeasurement and to provide for refunds, and prescribed method of 
computing acreage in determining whether the applicable farm allotment 
has been exceeded.
    1954--Subsec. (b). Act Aug. 28, 1954, struck out last sentence 
relating to overplanting of cotton acreage.
    Subsec. (c). Act Aug. 28, 1954, added subsec. (c).
    1949--Act Aug. 29, 1949, redesignated existing provisions as subsec. 
(a) and added subsec. (b).
    1941--Act Apr. 3, 1941, inserted ``peanuts,'' after ``cotton,''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-624 effective beginning with 1991 crop of 
an agricultural commodity, with provision for prior crops, see section 
1171 of Pub. L. 101-624, set out as a note under section 1421 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 
of Pub. L. 95-113, set out as a note under section 1307 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1349 of this title.
