developed as cropland subsequent to the 1963 crop year. (7 U.S.C. 1334 (a).)

57

(b) The State acreage allotment for wheat, less a reserve of not to exceed 3 per centum thereof for apportionment as provided in subsection (c) of this section, shall be apportioned by the Secretary among the counties in the State, on the basis of the preceding year's wheat allotment in each such county, including for 1967 the increased acreage in the county allotted for 1966 pursuant to section 335, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and equitable apportionment base for each county, taking into consideration established crop rotation practices, estimated decrease in farm allotments because of loss of history, and other relevant factors. (7 U.S.C. 1334 (b).)

(c) (1) The allotment to the country shall be apportioned by the Secretary, through the local committees, among the farms within the county on the basis of past acreage of wheat, tillable acres, crop-rotation practices, type of soil, and topography: Not more than 3 per centum of the State allotment shall be apportioned to farms on which wheat has not been planted during any of the three marketing years immediately preceding the marketing year in which the allotment is made. For the purpose of establishing farm acreage allotments-(i) the past acreage of wheat on any farm for 1958 or 1965 shall be the base acreage determined for the farm under the regulations issued by the Secretary for determining 1958 or 1965 farm wheat acreage allotments; (ii) if subsequent to the determination of such base acreage the 1958 or 1965 wheat acreage allotment for the farm is increased through administrative, review, or court proceedings, the 1958 or 1965 farm base acreage shall be increased in the same proportion; and (iii) the past acreage of wheat for 1959 and any subsequent year except 1965 shall be the wheat acreage on the farm which is not in excess of the farm wheat acreage allotment, plus, in the case of any farm which is in compliance with its farm wheat acreage allotment, the acreage diverted under such wheat allotment programs: Provided, That for 1959 and subsequent years in the case of any farm on which 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, the past acreage of wheat for the year in which such farm marketing excess is so delivered or stored shall be the farm base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, for the purpose of establishing farm wheat acreage allotments subsequent to such depletion the past acreage of wheat for the farm for the year in which the excess was produced shall be reduced to the farm wheat acreage allotment for such year.

(2) Notwithstanding any other provision of law, each old or new farm acreage allotment for the 1962 crop of wheat as deter

57 Subsection (b) of section 334 amended, effective with the crop planted for harvest in the calendar year 1966 by Pub. L. 89-321, 79 Stat. 1200, approved November 3, 1965.

mined on the basis of a minimum national acreage allotment of fifty-million acres shall be reduced by 10 per centum. In the event notices of farm acreage allotments for the 1962 crop of wheat have been mailed to farm operators prior to the effective date of this subparagraph (2), new notices showing the required reduction shall be mailed to farm operators as soon as practicable.

(3)58 58 Notwithstanding the provisions of paragraph (1) of this subsection, the past acreage of wheat for 1967 and any subsequent year shall be the acreage of wheat planted, plus the acreage regarded as planted, for harvest as grain on the farm which is not in excess of the farm acreage allotment.

(4)58 Notwithstanding any other provision of this subsection (c), the farm acreage allotment for the 1967 and any subsequent crop of wheat shall be established for each old farm by apportioning the county wheat acreage allotment among farms in the county on which wheat has been planted, or is considered to have been planted, for harvest as grain in any one of the three years immediately preceding the year for which allotments are determined on the past acreage of wheat and the farm acreage allotment for the year immediately preceding the year for which the allotment is being established, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allotment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downward to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allotment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year immediately preceding the year for which such reduction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i) any farm on which the entire amount of farm marketing excess is delivered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allotment for the immediately preceding year by 7 per centum and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equitable treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he determines to be necessary to provide fair and equitable treatment to such producers. (7 U.S.Č. 1334 (c).)

58 Subparagraphs (3) and (4) were added to subsection (c) by Pub. L. 89-321, 79 Stat. 1200, approved November 3, 1965.

(d) (Repealed by Pub. L. 89-321, 79 Stat. 1201, approved November 3, 1965, effective with the 1966 crop of wheat. For the text of the repealed subsection, see Agriculture Handbook No. 281.)

(e) 59 (Applicable only with respect to the 1962 and 1963 crops of wheat).

(f) 60 (Applicable only with respect to the 1955, 1956 and 1957 crops of wheat).

(g)61 Notwithstanding any other provision of law, no acreage in the commercial wheat-producing area seeded to wheat for harvest as grain in 1958 or thereafter except 1965 in excess of acreage allotments shall be considered in establishing future State and county acreage allotments. The planting on a farm in the commercial wheat-producing area of wheat of the 1958 or any subsequent crop for which no farm wheat acreage allotment was established shall not make the farm eligible for an allotment as an old farm pursuant to the first sentence of subsection (c) of this section nor shall such farm by reason of such planting be considered ineligible for an allotment as a new farm under the second sentence of such subsection. (7 U.S.C. 1334(g).)

(h) 62 (Omitted.)

(i)63 If, with respect to any crop of wheat, the Secretary finds that the acreage allotments of farms producing any type of wheat are inadequate to provide for the production of a sufficient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allotment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of Public Law 74, Seventy-seventh Congress

50 Subsection (e) was enacted by Pub. L. 87-128, 75 Stat. 300, approved August 8, 1961, and it was applicable with respect to the 1962. 1963, and 1964 crops of durum wheat. However, Pub. L. 87-703, 76 Stat. 620, approved September 27, 1962, amended this subsection to make it applicable only with respect to the 1962 and 1963 crops of durum wheat. 60 Subsection (f) was originally enacted by Pub. L. 690, 83d Cong., 68 Stat. 903. approved August 28, 1954: however, it was applicable only to the 1955 crop of wheat. Pub. L. 540, 84th Cong., 70 Stat. 203. approved May 28, 1956, amended this subsection to make it applicable with respect to the 1956 and 1957 crops of wheat.

Originally enacted as subsection (h). This subsection was redesignated subsection (g) for the 1964 and subsequent crops and old subsection (g) was repealed by Pub. L. 87-703, 76 Stat. 620, approved September 27, 1962. Redesignated subsection (g) was further amended by Pub. L. 88-297, 78 Stat. 179, approved April 11, 1964, which added the phrase, "except 1965" after the word, "thereafter" in the first sentence. Subsection (g) of section 334 amended effective with the crop planted for harvest in the calendar year 1966 by Pub. L. 89-321, 79 Stat. 1201, approved November 3, 1965, which struck out the language "except as prescribed in the provisos to the first sentence of subsections (a) and (b), respectively, of this section" in the first sentence.

There is no subsection (h) for 1964 and subsequent crops because section 331(2) of Pub. L. 87-703, approved September 27, 1962, redesignated subsection (1) (so designated through the 1963 crop) as subsection (h) for the 1964 and subsequent crops. However, before the redesignation could take place for the 1964 crop year, section 1(a) of Pub. L. 88-64. approved July 17, 1963, redesignated the same subsection (1) (so designated through the 1963 crop) as subsection (J). Therefore, former subsection (1) now appears as subsection (j).

63 Subsection (1) was added by Pub. L. 87-703, 76 Stat. 620, approved September 27, 1962.

(7 U.S.C. 1340(6)), and section 326(b) of this Act, relating to the reduction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 339 shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be required to comply with such provisions as a condition of eligibility for price support. (7 U.S.C. 1334 (i).)

(j) Notwithstanding any other provision of this Act, the Secretary shall increase the acreage allotments for the 1970 and subsequent crops of wheat for privately owned farms in the irrigable portion of the area known as the Tulelake division of the Klamath project of California located in Modoc and Siskiyou Counties, California, as defined by the United States Department of the Interior, Bureau of Reclamation, and hereinafter referred to as the area. The increase for the area for each such crop shall be determined by adding, to the extent applications are made therefor, to the total allotments established for privately owned farms in the area for the particular crop without regard to this subsection (hereinafter referred to as the original allotments) an acreage sufficient to make available for each such crop a total allotment of twelve thousand acres for the area. The additional allotments made available by this subsection shall be in addition to the National, State, and county allotments otherwise established under this section, and the acreage planted to wheat pursuant to such increases in allotments shall not be taken into account in establishing future State, county, and farm acreage allotments except as may be desirable in providing increases in allotments for subsequent years under this subsection for the production of Durum wheat. The Secretary shall apportion the additional allotment acreage made available under this subsection between Modoc and Siskiyou Counties on the basis of the relative needs for additional allotments for the portion of the area in each county. The Secretary shall allot such additional acreage to individual farms in the area for which applications for increased acreages are made on the basis of tillable acres, crop rotation practices, type of soil and topography, and the original allotment for the farm, if any. The increase in the wheat acreage allotment for any farm under this subsection (1) shall not be taken into account in computing the farm wheat marketing allocation under section 379b, and (2) shall be conditioned upon the production of Durum wheat on the original allotment and on the increased acreage. The producers on a farm receiving an increased allotment under this subsection shall not be eligible for diversion payments under section 339. (7 U.S.C. 1334 (j).)

The most recent amendment to subsection (j) came from Pub. L. 91-220, 84 Stat. 86, approved March 31, 1970. Subsection (j) was originally enacted as subsection (1) by Pub. L. 85-390, approved May 1, 1958, effective with respect to the 1958 and 1959 crops. Pub. L. 86-385, 74 Stat. 4, approved February 20, 1960, amended this subsection to make it effective with respect to the 1960 and 1961 crops. Pub. L. 87-357, 75 Stat. 778, approved October 4, 1961, made it effective with respect to the 1962 and 1963 crops. It was redesignated subsection (h) for the 1964 and subsequent crops by Pub. L. 87-703, 76 Stat. 620, approved September 27, 1962. However, before the redesignation to subsection (h) could take place for the 1964 and subsequent crops, this subsection was further amended by Pub. L. 88-64, 77 Stat. 80, approved July 17, 1963, which redesignated it as subsection (j) and made it applicable only to privately owned land and increased from eight to twelve thousand acres the total acreage allotment for the area.

(k) 65 Notwithstanding any other provision of this Act, if the Secretary determines that because of a natural disaster a portion of the farm wheat acreage allotments in a county cannot be timely planted or replanted, he may authorize the transfer of all or a part of the wheat acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of wheat and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be planted on the farm from which it was transferred for the purposes of acreage history credits under this Act. (7 U.S.C. 1334 (k).)

[Food and Agriculture Act of 1962. Sec. 327.-In the establishment of State, county, and farm acreage allotments for wheat under the Agricultural Adjustment Act of 1938, as amended, the acreage which is determined under regulations of the Secretary to have been diverted from the production of wheat under the special programs formulated pursuant to section 307 of this Act, section 339 of the Agricultural Adjustment Act of 1938, as amended, and section 124 of the Agricultural Act of 1961, shall be credited to the State, county, and farm as though such acreage had actually been devoted to the production of wheat. (7 U.S.C. 1339b.)]

[Pub. L. 89-321. Sec. 512.-The national, State, county, and farm acreage allotments for the 1966 crop of wheat shall be established in accordance with the provisions of law in effect prior to the enactment of this Act. (79 Stat. 1205, November 3, 1965, 7 U.S.C. 1334 note.)]

COMMERCIAL AREA

SEC. 334a. If the acreage allotment for any State for any crop of wheat is twenty-five thousand acres or less, the Secretary, in order to promote efficient administration of this Act and the Agricultural Act of 1949, may designate such State as outside the commercial wheatproducing area for the marketing year for such crop. If such State is so designated, acreage allotments for such crop and marketing quotas for the marketing year therefor shall not be applicable to any farm in such State. Acreage allotments in any State shall not be increased by reason of such designation. (7 U.S.C. 1334 (b).)

SEC. 335. * * * 67

[The statute which follows, Pub. L. 74, 77th Cong., is inapplicable to the 1971, 1972, and 1973 crops of wheat. (See footnote 68.)]

FARM MARKETING QUOTA

[Pub. L. 74, 77th Cong.68 (Pub. L. 74 not applicable to corn. See Act of August 28, 1954, 68 Stat. 905).

That notwithstanding the provisions of the Agricultural Adjustment Act of 1938, as amended (hereinafter referred to as the Act)

65 Subsection (k) was added by Pub. L. 88-297, 78 Stat. 179, approved April 11, 1964. 66 Section 334a was added by Pub. L. 87-703, 76 Stat. 621, approved September 27, 1962. This section was applicable to only the crops planted for harvest prior to 1967.

68 Pub. L. 74, 77th Cong., 55 Stat. 203, approved May 26, 1941. Sec. 406 of the Agricultural Act of 1970, Pub. L. 91-524, 84 Stat. 1367, approved November 30, 1970, renders Public Law 74, 77th Congress inapplicable to the 1971, 1972, and 1973 crops of wheat.