
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: 7USC1377]

 
                          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. 1377. Preservation of unused acreage allotments

    In any case in which, during any year beginning with 1956, the 
acreage planted to a commodity on any farm is less than the acreage 
allotment for such farm, the entire acreage allotment for such farm 
(excluding any allotment released from the farm or reapportioned to the 
farm and any allotment provided for the farm pursuant to subsection 
(f)(7)(A) of section 1344 of this title) shall, except as provided 
herein, be considered for the purpose of establishing future State, 
county and farm acreage allotments, to have been planted to such 
commodity in such year on such farm, but the 1956 acreage allotment of 
any commodity shall be regarded as planted under this section only if 
the owner or operator on such farm notified the county committee prior 
to the sixtieth day preceding the beginning of the marketing year for 
such commodity of his desire to preserve such allotment: Provided, That 
beginning with the 1960 crop, except for federally owned land, the 
current farm acreage allotment established for a commodity shall not be 
preserved as history acreage pursuant to the provisions of this section 
unless for the current year or either of the two preceding years as 
acreage equal to 75 per centum or more of the farm acreage allotment for 
such year or, in the case of upland cotton on a farm which qualified for 
price support on the crop produced in any such year under section 
1444(b) of this title, 75 per centum of the farm domestic allotment 
established under section 1350 of this title for any such year, 
whichever is smaller was actually planted or devoted to the commodity on 
the farm (or was regarded as planted under provisions of the Soil Bank 
Act or the environmental quality incentives program established under 
chapter 4 of subtitle D of title XII of the Food Security Act of 1985 
[16 U.S.C. 3839aa et seq.]): Provided further, That this section shall 
not be applicable in any case, within the period 1956 to 1959, in which 
the amount of the commodity required to be stored to postpone or avoid 
payment of penalty has been reduced because the allotment was not fully 
planted. Acreage history credits for released or reapportioned acreage 
shall be governed by the applicable provisions of this subchapter 
pertaining to the release and reapportionment of acreage allotments.

(Feb. 16, 1938, ch. 30, title III, Sec. 377, as added May 28, 1956, ch. 
327, title III, Sec. 307, 70 Stat. 206; amended Pub. L. 85-266, Sept. 2, 
1957, 71 Stat. 592; Pub. L. 86-172, Sec. 1, Aug. 18, 1959, 73 Stat. 393; 
Pub. L. 88-297, title I, Sec. 106(4), Apr. 11, 1964, 78 Stat. 177; Pub. 
L. 95-113, title VIII, Sec. 806, Sept. 29, 1977, 91 Stat. 947; Pub. L. 
104-127, title III, Sec. 336(b)(2)(A), Apr. 4, 1996, 110 Stat. 1006.)

                       References in Text

    The Soil Bank Act, referred to in text, is act May 28, 1956, ch. 
327, 70 Stat. 188, as amended, which was classified to subchapters I to 
III of chapter 45 (Sec. 1801 et seq.) of this title and was repealed by 
Pub. L. 89-321, title VI, Sec. 601, Nov. 3, 1965, 79 Stat. 1206. For 
complete classification of this Act to the Code prior to its repeal, see 
Tables.
    The Food Security Act of 1985, referred to in text, is Pub. L. 99-
198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4 of subtitle D 
of title XII of the Act is classified generally to part IV (Sec. 3839aa 
et seq.) of subchapter IV of chapter 58 of Title 16, Conservation. For 
complete classification of this Act to the Code, see Short Title of 1985 
Amendment note set out under section 1281 of this title and Tables.


                               Amendments

    1996--Pub. L. 104-127 substituted ``environmental quality incentives 
program established under chapter 4 of subtitle D of title XII of the 
Food Security Act of 1985'' for ``Great Plains program''.
    1977--Pub. L. 95-113 temporarily inserted ``or, in the case of 
peanuts, an acreage sufficient to produce 75 per centum of the farm 
poundage quota'' after ``of the farm acreage allotment for such year''. 
See Effective and Termination Dates of 1977 Amendment note below.
    1964--Pub. L. 88-297 inserted ``or, in the case of upland cotton on 
a farm which qualified for price support on the crop produced in any 
such year under section 1444(b) of this title, 75 per centum of the farm 
domestic allotment established under section 1350 of this title for any 
such year, whichever is smaller'' in first proviso after ``75 per centum 
or more of the farm acreage allotment for such year'' to protect the 
farm base of any farm participating in the domestic allotment choice 
program if the acreage planted on the farm was at least 75 per centum of 
the farm domestic allotment.
    1959--Pub. L. 86-172 excluded any allotment provided for a farm 
under section 1344(f)(7)(A) of this title from the entire acreage 
allotment for the farm which is considered as planted in the year for 
the purpose of establishing future acreage allotments and provided for 
the preservation of the current farm acreage allotment as history 
acreage under prescribed conditions.
    1957--Pub. L. 85-266 struck out, for 1957, 1958, and 1959, 
requirement of filing notice of intention not to plant full acreage 
allotment and provided that acreage history credits for released or 
reapportioned acreage shall be governed by the applicable provisions of 
this subchapter pertaining to the release and reapportionment of acreage 
allotments.


            Effective and Termination Dates of 1977 Amendment

    Section 806 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 1984 and subsequent crops of extra long 
staple cotton, see section 3 of Pub. L. 98-88, set out as a note under 
section 1342 of this title.
    Section inapplicable to 1996 through 2002 crops of upland cotton, 
see section 7301(a)(1)(G) of this title.
    Section inapplicable to 1991 through 1995 crops of upland cotton, 
see section 502 of Pub. L. 101-624, set out as a note under section 1342 
of this title.
    Section inapplicable to 1986 through 1990 crops of upland cotton, 
see section 502 of Pub. L. 99-198, set out as a note under section 1342 
of this title.
    Section inapplicable to 1982 through 1985 crops of upland cotton, 
see section 501 of Pub. L. 97-98, set out as a note under section 1342 
of this title.
    Section inapplicable to 1978 through 1981 crops of rice, see section 
703 of Pub. L. 95-113.
    Section inapplicable to 1978 through 1981 crops of upland cotton, 
see section 601 of Pub. L. 95-113, set out as a note under section 1342 
of this title.
    Pub. L. 94-214, title III, Sec. 301, Feb. 16, 1976, 90 Stat. 187, 
provided that: ``Section 377 of the Agricultural Adjustment Act of 1938 
[this section] shall not be applicable to the 1976 and 1977 crops of 
rice.''
    Pub. L. 91-524, title VI, Sec. 601(1), Nov. 30, 1970, 84 Stat. 1371, 
as amended by Pub. L. 93-86, Sec. 1(19)(A), Aug. 10, 1973, 87 Stat. 233, 
provided that this section is inapplicable to 1971 through 1977 crops of 
upland cotton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1344, 1358, 7301 of this 
title.
