
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: 7USC1378]

 
                          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. 1378. Transfer of acreage allotments ensuing from agency 
        acquisition of farmlands
        

(a) Allotment pool

    Notwithstanding any other provision of this chapter, the allotment 
determined for any commodity for any land from which the owner is 
displaced because of acquisition of the land for any purpose, other than 
for the continued production of allotted crops, by any Federal, State, 
or other agency having the right of eminent domain shall be placed in an 
allotment pool and shall be available only for use in providing 
allotments for other farms owned by the owner so displaced. Upon 
application to the county committee, within three years after the date 
of such displacement, any owner so displaced shall be entitled to have 
allotments established for other farms owned by him, taking into 
consideration the land, labor, and equipment available on such other 
farms for the production of the commodity, crop-rotation practices, and 
the soil and other physical factors affecting the production of the 
commodity: Provided, That the acreage used to establish or increase the 
allotments for such farms shall be transferred from the pool and shall 
not exceed the allotment most recently established for the farm acquired 
from the applicant and placed in the pool. During the period of 
eligibility for the making of allotments under this section for a 
displaced owner, acreage allotments for the farm from which the owner 
was so displaced shall be established in accordance with the procedure 
applicable to other farms, and such allotments shall be considered to 
have been fully planted. After such allotment is made under this 
section, the proportionate part, or all, as the case may be, of the past 
acreage used in establishing the allotment most recently placed in the 
pool for the farm from which the owner was so displaced shall be 
transferred to and considered for the purposes of future State, county, 
and farm acreage allotments to have been planted on the farm to which 
allotment is made under this section. Except where subsection (c) of 
this section requires the transfer of allotment to another portion of 
the same farm, for the purpose of this section (1) that part of any farm 
from which the owner is so displaced and that part from which he is not 
so displaced shall be considered as separate farms; and (2) an owner who 
voluntarily relinquishes possession of the land subsequent to its 
acquisition by an agency having the right of eminent domain shall be 
considered as having been displaced because of such acquisition. The 
former owner of land acquired as described in this subsection shall not 
be considered for the purposes hereof to have been displaced from such 
land during any period for which such land is leased to such former 
owner: Provided, That the occupancy of the former owner under the lease 
follows immediately after his occupancy as owner: And provided further, 
That if a former owner has been displaced prior to April 9, 1960, and no 
allotment from the land owned by such former owner has been transferred 
from the allotment pool and such former owner leases the land formerly 
owned by him prior to two years from April 9, 1960, such allotment shall 
be retransferred from the pool to such land and the occupancy of such 
former owner under the lease for the purposes of this subsection shall 
be deemed to have begun immediately after his displacement as owner. 
During any year of the 3-year period the allotment from a farm may 
remain in the allotment pool, the displaced owner may, in accordance 
with regulations of the Secretary, release for one year at a time any 
part or all of such farm allotment to the county committee for 
reapportionment to other farms in the county having allotments for such 
commodity on the basis of the past acreage of the commodity, land, 
labor, equipment available for the production of the commodity, crop 
rotation practices, and soil and other physical facilities affecting the 
production of the commodity; and the allotment reapportioned shall, for 
purposes of establishing future farm allotments, not be regarded as 
planted on the farm to which the allotment was transferred.

(b) Circumstances precluding application of provisions

    The provisions of this section shall not be applicable if (1) there 
is any marketing quota penalty due with respect to the marketing of the 
commodity from the farm acquired by the Federal, State, or other agency 
or by the owner of the farm; (2) any of the commodity produced on such 
farm has not been accounted for as required by the Secretary; or (3) the 
allotment next established for the farm acquired by the Federal, State, 
or other agency would have been reduced because of false or improper 
identification of the commodity produced on or marketed from such farm 
or due to a false acreage report.

(c) Time of displacement determining application of provisions

    This section shall not be applicable, in the case of cotton, 
tobacco, and peanuts, to any farm from which the owner was displaced 
prior to 1950, in the case of wheat and corn, to any farm from which the 
owner was displaced prior to 1954, and in the case of rice, to any farm 
from which the owner was displaced prior to 1955. In any case where the 
cropland acquired for nonfarming purposes from an owner by an agency 
having the right of eminent domain represents less than 15 per centum of 
the total cropland on the farm, the allotment attributable to that 
portion of the farm so acquired shall be transferred to that portion of 
the farm not so acquired.

(d), (e) Omitted

(f) Burley tobacco marketing allotment and acreage as meaning marketing 
        quota and poundage

    In applying the provisions of this section to a farm for which a 
tobacco marketing quota has been determined under section 1314e of this 
title, the words ``allotment'' and ``acreage'', wherever they appear, 
shall be construed to mean ``marketing quota'' and ``poundage'', 
respectively, as required.

(Feb. 16, 1938, ch. 30, title III, Sec. 378, as added Pub. L. 85-835, 
title V, Sec. 501, Aug. 28, 1958, 72 Stat. 995; amended Pub. L. 86-423, 
Sec. 1, Apr. 9, 1960, 74 Stat. 41; Pub. L. 87-33, May 16, 1961, 75 Stat. 
78; Pub. L. 91-524, title IV, Sec. 404(3), title VI, Sec. 605(1), Nov. 
30, 1970, 84 Stat. 1366, 1378; Pub. L. 92-10, Sec. 2, Apr. 14, 1971, 85 
Stat. 27; Pub. L. 92-354, July 26, 1972, 86 Stat. 499.)

                          Codification

    Part of subsec. (d) of section 378 of act Feb. 16, 1938, as 
originally enacted, is set out as a Savings Clause note below. The 
remainder of such subsec. (d) repealed sections 1313(h), 1334(d), 
1344(h), a prior section 1353(f), and section 1358(h) of this title.


                               Amendments

    1972--Subsec. (a). Pub. L. 92-354 struck out the alternative time 
limitation for filing applications to the county committee and 
substituted provisions describing allotments for provisions requiring 
the allotments to be comparable with allotments determined for other 
farms in the same area which are similar except for the past acreage of 
the commodity.
    1971--Subsec. (f). Pub. L. 92-10 added subsec. (f).
    1970--Subsec. (d). Pub. L. 91-524, Sec. 605(1), temporarily added 
subsec. (d). See Effective and Termination Dates of 1970 Amendment note 
below.
    Subsec. (e). Pub. L. 91-524, Sec. 404(3), temporarily added subsec. 
(e). See Effective and Termination Dates of 1970 Amendment note below.
    1961--Pub. L. 87-33 substituted provisions permitting displaced 
owners to release part or all of any allotment remaining in the 
allotment pool for reapportionment to other farms in the county having 
allotments for such commodity, for provisions making sections 
1344(m)(2), 1353(e), and 1358(g) of this title inapplicable to 
allotments held under the lease by a displaced owner.
    1960--Subsec. (a). Pub. L. 86-423 inserted sentences providing that 
the former owner of land shall not be considered to have been displaced 
during any period for which such land is leased to him if his occupancy 
under the lease immediately follows after his occupancy as owner, 
authorizing retransfer of allotments in cases where a former owner 
leases land formerly owned by him prior to two years from April 9, 1960, 
and making sections 1344(m)(2), 1353(e), and 1358(g) of this title 
inapplicable to allotments on lands held under the lease by a displaced 
owner which are subject to the provisions of this amendment.


            Effective and Termination Dates of 1970 Amendment

    Sections 404 and 605 of Pub. L. 91-524, as amended by Pub. L. 93-86, 
Sec. 1(11), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided that the 
amendments made by those sections are effective only with respect to 
1971 through 1977 crops.


                            Savings Provision

    Section 378(d) of act Feb. 16, 1938, as added by Pub. L. 85-835, 
Sec. 501, provided in part that: ``but any transfer or reassignment of 
allotment heretofore made under the provisions of these sections [former 
sections 1313(h), 1334(d), 1344(h), 1353(f), and 1358(h) of this title] 
shall remain in effect, and any displaced farm owner for whom an 
allotment has been established under such repealed sections [such 
sections] shall not be eligible for additional allotment under 
subsection (a) of this section [subsec. (a) of this section] because of 
such displacement.''

                  Section Referred to in Other Sections

    This section is referred to in section 1314c of this title.
