(2) [This subsection was added by the Act of March 22, 1961, 72 Stat. 994, and is applicable only to the 1961 crops of corn, grain sorghums and any other feed grains. See p. 155 of Agriculture Handbook 242.]

(3) [This subsection was added by the Agricultural Act of 1961, 75 Stat. 301, and is applicable only to the 1962 crops of corn, grain sorghums, and barley. See p. 156 of Agriculture Handbook 242.]

(4) [This subsection was added by the Agricultural Act of 1961, 75 Stat. 301, and is applicable only to the 1962 crops of corn, grain sorghums and barley. See p. 156 of Agriculture Handbook 242.]

(5) [This subsection was added by the Food and Agriculture Act of 1962, 76 Stat. 612, and is applicable only to the 1963 crops of corn, grain sorghums and barley. See p. 157 of Agriculture Handbook 242.]

(6) [This subsection was added by the Food and Agriculture Act of 1962, 76 Stat. 612, and is applicable only to the 1963 crops of corn, grain sorghums and barley. See p. 157 of Agriculture Handbook 242.]

(d) [This subsection was added by Pub. L. 88-26, 77 Stat. 44, approved May 20, 1963, and amended by Pub. L. 89-112, 79 Stat. 446, approved August 6, 1965, and was applicable to the 1964 and 1965 crops of feed grains. See p. 152 of Agriculture Handbook 281.]

PRICE SUPPORT FOR 1966 THROUGH 1970 CROPS OF FEED GRAINS

(e) 20 For the 1966 through 1970 crops of feed grains, the Secretary shall require, as a condition of eligibility for price support on the crop of any feed grain which is included in any acreage diversion program formulated under section 16 (i) of the Soil Conservation and Domestic Allotment Act, as amended, that the producer shall participate in the diversion program to the extent prescribed by the Secretary, and, if no diversion program is in effect for any crop, he may require as a condition of eligibility for price support on such crop of feed grains that the producer shall not exceed his feed grain base: Provided, That the acreage on any farm which is diverted from the production of feed grains pursuant to a contract hereafter entered into under the Cropland Adjustment Program shall be deemed to be acreage diverted from the production of feed grains for purposes of meeting the foregoing requirements for eligibility for price support: Provided further, That the Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for price support for barley to participate in the acreage diversion program for feed grains if such producer has previously produced a malting variety of barley, plants barley only of an acceptable malting variety for harvest, does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960, does not knowingly devote an acreage on the farm to corn and grain sorghums in excess of the acreage devoted on the farm to corn

20 Subsection (e) was added by the Food and Agriculture Act of 1965, Pub. L. 89-321, 79 Stat. 1188, approved November 3, 1965. The final year of the period was extended from 1969 to 1970 by Pub. L. 90-559, 82 Stat. 996, approved October 11, 1968.

and grain sorghums in 1959 and 1960, and does not devote any acreage devoted to the production of oats and rye in 1959 and 1960 to the production of wheat pursuant to the provisions of section 328 of the Food and Agriculture Act of 1962. Such portion of the support price for any feed grain included in the acreage diversion program as the Secretary determines desirable to assure that the benefits of the price-support and diversion programs inure primarily to those producers who cooperate in reducing their acreages of feed grains shall be made available to producers through payments-in-kind. Such payments-in-kind shall be made available on the maximum permitted acreage, or the Secretary may make the same total amount available on a smaller acreage or acreages at a higher rate or rates. The number of bushels of such feed grain on which such payments-in-kind shall be made shall be determined by multiplying that part of the actual acreage of such feed grain planted on the farm for harvest on which the Secretary makes such payments available by the farm projected yield per acre: Provided, That for purposes of such payments, the Secretary may permit producers of feed grains to have acreage devoted to soybeans considered as devoted to the production of feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the price support program: Provided further, That for purposes of such payments, producers on any farm who have planted not less than 90 per centum of the acreage of feed grains permitted to be planted shall be deemed to have planted the entire acreage permitted. Notwithstanding the provisions of subsection (a), that portion of the support price which is made available through loans and purchases for the 1966 through 1970 crops may be reduced below the loan level for the 1965 crop by such amounts and in such stages as may be necessary to promote increased participation in the feed grain program, taking into account increases in yields, but so as not to disrupt the feed grain and livestock economy: Provided, That this authority shall not be construed to modify or affect the Secretary's discretion to maintain or increase total price support levels to cooperators. An acreage on the farm which the Secretary finds was not planted to feed grains because of drought, flood, or other natural disaster shall be deemed to be an actual acreage of feed grains planted for harvest for purposes of such payments provided such acreage is not subsequently planted to any other crop for which there are marketing quotas or voluntary adjustment programs in effect.21 The Secretary may make not to exceed 50 per centum of any payments hereunder to producers in advance of determination of performance. Payments-inkind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains (such feed grains to be valued by the Secretary at not less than the current support price made available through loans and purchases, plus reasonable carrying charges) in accordance with regulations prescribed by the Secretary and notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. The Secretary shall provide for the sharing of such certificates among producers on the farm on the basis of their respective

This sentence was amended by Pub. L. 89-451, 80 Stat. 202, approved June 17, 1966.

shares in the feed grain crop produced on the farm, or the proceeds therefrom, except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable. If the operator of the farm elects to participate in the acreage diversion program, price support for feed grains included in the program shall be made available to the producers on such farm only if such producers divert from the production of such feed grains, in accordance with the provisions of such program, an acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide. In any case in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this subsection (e) and subsection (d) of this section preclude the making of payments-in-kind, the Secretary may, nevertheless, make such payments-in-kind in such amounts as he determines to be equitable in relation to the seriousness of the default. (7 U.S.C. 1441 note.)

PRICE SUPPORT FOR 1960 AND SUBSEQUENT YEARS (TOBACCO)

SEC. 106.22 Notwithstanding any of the provisions of section 101 of this Act: (a) For the 1960 crop of any kind of tobacco for which marketing quotas are in effect, or for which marketing quotas are not disapproved by producers, the support level in cents per pound shall be the level at which the 1959 crop of such kind of tobacco was supported, or if marketing quotas were disapproved for the 1959 crop of such kind of tobacco, the level at which the 1959 crop of such kind of tobacco would have been supported if marketing quotas had been in effect. (b) For the 1961 crop and each subsequent crop of any kind of tobacco for which marketing quotas are in effect, or for which marketing quotas are not disapproved by producers, the support level in cents per pound shall be determined by adjusting the support level for the 1959 crop of such kind of tobacco, or if marketing quotas were disapproved for the 1959 crop of such kind of tobacco, the level at which the 1959 crop of such kind of tobacco would have been supported if marketing quotas had been in effect, by multiplying such support level for the 1959 crop by the ratio of (i) the average of the index of prices paid by farmers, including wage rates, interest, and taxes, as defined in section 301 (a) (1) (C) of the Agricultural Adjustment Act of 1938, as amended, for the three calendar years immediately preceding the calendar year in which the marketing year begins for the crop for which the support level is being determined to (ii) the average index of such prices paid by farmers, including wage rates, interest, and taxes for the calendar year 1959. (c) 23 If acreage-poundage farm marketing quotas are in effect under section 317 of the Agricultural Adjustment Act of 1938, as amended, (1) price support shall not be made available on tobacco marketed in excess of 110 per centum (120 per centum in the case of Burley tobacco for the first year for which marketing quotas are made effective under this section) of the marketing quota for the farm on which such

22 Section 106 added by the Act of February 20, 1960, 74 Stat. 6.

23 Clause (c) was added by Pub. L. 89-12, 79 Stat. 72, approved April 16, 1965.

tobacco was produced, and (2) for the purpose of price-support eligibility, tobacco carried over from one marketing year to another to avoid marketings in excess of the farm marketing quota shall, when marketed, be considered tobacco of the then current crop. (7 U.S.C. 1445.)

PRICE SUPPORT FOR 1966 THROUGH 1970 CROPS OF WHEAT

[Sec. 107 as set out below is effective with respect to the 1966 through 1970 crops.

Sec. 107 as originally enacted by Pub. L. 87-703, 76 Stat. 630, approved September 27, 1962, and completely revised by Pub. L. 88-297, 78 Stat. 182, approved April 11, 1964, has not been repealed and again will become effective with the 1971 crop. See footnote 24 for section 107 as it is applicable to the 1971 and subsequent crops.] SEC. 107.24 Notwithstanding the provisions of section 101 of this Act, for any marketing yearyear—

(1) (a) Price support for wheat accompanied by domestic certificates 25 shall be at 100 per centum of the parity price or as near thereto as the Secretary determines practicable, and (b) price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of the parity price therefor, as the

24 This section 107 was enacted by the Food and Agriculture Act of 1965, Pub. L. 89-321, 79 Stat. 1203, approved November 3, 1965, and is effective with respect to the 1966 through 1970 crops. The final year of the period was extended from 1969 to 1970 by Pub. L. 90-559, 82 Stat. 996, approved October 11, 1968.

Section 107 as set out below is effective with respect to the 1964 and subsequent crops other than the 1966 through 1970 crops:

"SEC. 107. Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop

25

(1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401 (b).

(2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401 (b).

(3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains.

(4) Price support shall be made available only to cooperators; and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area.

(5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101.

(6) A "cooperator" with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a "cooperator" with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c (b), but the producer shall not be eligible to receive price support on the wheat so stored." (7 U.S.C. 1445a.) See section 379c of the Agricultural Adjustment Act of 1938, as amended.

325-700-68-12

Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains,

(2) notwithstanding the provisions of paragraph (1), for the 1966 crop, price support for wheat accompanied by domestic marketing certificates shall be at 100 per centum of the parity price therefor, and price support for wheat not accompanied by marketing certificates shall be not less than $1.25 per bushel. For any crop of wheat planted for harvest during the calendar years 1967 through 1970 for which the diversion factor established pursuant to section 339 (a) of the Agricultural Adjustment Act of 1938, as amended, is not less than 10 per centum, the total average rate of return per bushel made available to a cooperator on the estimated production of his allotment based on projected yield through loans, domestic marketing certificates, estimated returns from export marketing certificates, and diversion payments for acreage diverted pursuant to section 339 (a) of the Agricultural Adjustment Act of 1938, as amended, shall not be less than the total average rate of return per bushel made available to cooperators through loans and domestic marketing certificates for the 1966 crop.

(3) Price support shall be made available only to cooperators, and

(4) A 'cooperator' with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c (b), but the producer shall not be eligible to receive price support on the wheat so stored. (7 U.S.C. 1445a.) TITLE II-DESIGNATED NONBASIC AGRICULTURAL

COMMODITIES

SEC. 201. The Secretary is authorized and directed to make available (without regard to the provisions of title III) price support to producers for 20 tung nuts, honey,27 milk, butterfat, and the products of milk and butterfat as follows:

(a)

26 ***

(b) The price of tung nuts and honey," respectively, shall be sup

26 Section 709 of the Agricultural Act of 1954, 68 Stat. 899 (p. 180) deleted the reference to wool in the first sentence and repealed subsection (a), which provided for price support on wool, effective April 1, 1955. Beginning on that date, price support on wool has been made available under Title VII-National Wool Act of 1954 of the Agricultural Act of 1954 (p. 177).

27 Section 203 of the Agricultural Act of 1954, 68 Stat. 899, deleted references to potatoes in the first sentence and in subsection (b) and repealed section 5 of the Act of March 31, 1950, which prohibited price support on Irish potatoes unless marketing quotas were in effect.