
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: 7USC1379]

 
                          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. 1379. Reconstitution of farms


(a) Transfers from parent farm

    In any case in which the ownership of a tract of land is transferred 
from a parent farm, the acreage allotments, history acreages, and base 
acreages for the farm shall be divided between such tract and the parent 
farm in the same proportion that the cropland acreage in such tract 
bears to the cropland acreage in the parent farm, except that the 
Secretary shall provide by regulation the method to be used in 
determining the division, if any, of the acreage allotments, histories, 
and bases in any case in which--
        (1) the tract of land transferred from the parent farm has been 
    or is being transferred to any agency having the right to acquire it 
    by eminent domain;
        (2) the tract of land transferred from the parent farm is to be 
    used for nonagricultural purposes;
        (3) the parent farm resulted from a combination of two or more 
    tracts of land and records are available showing the contribution of 
    each tract to the allotments, histories, and bases of the parent 
    farm;
        (4) the appropriate county committee determines that a division 
    based on cropland proportions would result in allotments and bases 
    not representative of the operations normally carried out on any 
    transferred tract during the base period;
        (5) the parent farm is divided among heirs in settling an 
    estate; or
        (6) neither the tract transferred from the parent farm nor the 
    remaining portion of the parent farm receives allotments in excess 
    of allotments for similar farms in the community having allotments 
    of the commodity or commodities involved and such allotments are 
    consistent with good land uses, but this clause (6) shall not be 
    applicable in the case of burley tobacco.

(b) Combination of tracts in contiguous counties

    In any case in which two or more tracts of land are located in 
contiguous counties in the same State and are owned by the same person, 
the Secretary shall permit such tracts to be combined as one farm if (1) 
a Burley or flue-cured tobacco poundage quota is established for one or 
more of such tracts, and (2) the relevant county committees determine 
that such tracts will be operated as a single farming unit.

(c) Burley tobacco poundage quotas

    When a farm is divided through reconstitution, the burley tobacco 
poundage quota which transfers with the divided land shall not be less 
than 1,000 pounds (except when the reconstitution of the farm is among 
immediate family members or pursuant to probate proceedings).

(Feb. 16, 1938, ch. 30, title III, Sec. 379, as added Pub. L. 89-321, 
title VII, Sec. 707, Nov. 3, 1965, 79 Stat. 1211; amended Pub. L. 91-
524, title IV, Sec. 404(4), title VI, Sec. 605(2), Nov. 30, 1970, 84 
Stat. 1366, 1378; Pub. L. 98-180, title II, Sec. 212(b), Nov. 29, 1983, 
97 Stat. 1149; Pub. L. 101-577, Sec. 2(c), Nov. 15, 1990, 104 Stat. 
2856; Pub. L. 102-237, title I, Sec. 116(3), Dec. 13, 1991, 105 Stat. 
1841; Pub. L. 106-78, title VIII, Sec. 803(c)(6)(C), Oct. 22, 1999, 113 
Stat. 1178.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-78 inserted ``or flue-cured'' after 
``Burley''.
    1991--Subsecs. (a)(4) to (7), (c). Pub. L. 102-237 struck out ``or'' 
at end of par. (4), substituted ``; or'' for period at end of par. (5), 
substituted a period for ``; or'' at end of par. (6), and redesignated 
par. (7) as subsec. (c) and moved subsec. (c) to follow subsec. (b).
    1990--Subsec. (a)(7). Pub. L. 101-577 added par. (7).
    1983--Pub. L. 98-180 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1970--Pub. L. 91-524 temporarily inserted provision that term 
``acreage allotments'' include the farm base acreage allotments for 
upland cotton and the domestic allotment for wheat. See Effective and 
Termination Dates of 1970 Amendment note below.


            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.

                  Section Referred to in Other Sections

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