Part C—Administrative Provisions
subpart i—publication and review of quotas
Statutory Notes and Related Subsidiaries
Inapplicability of Subpart
Subpart inapplicable to 1996 through 2001 crops of peanuts, see
§1361. Application of subpart
This subpart shall apply to the publication and review of farm marketing quotas established for corn, wheat, cotton, and rice, established under part B of this subchapter.
(Feb. 16, 1938, ch. 30, title III, §361,
Editorial Notes
Amendments
2004—
2002—
1941—Act Apr. 3, 1941, inserted "peanuts," after "cotton,".
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Savings Provision
Amendment by sections 611 to 614 of
§1362. Publication of marketing quota; mailing of allotment notice
All acreage allotments, and the farm marketing quotas established for farms in a county or other local administrative area shall, in accordance with regulations of the Secretary, be made and kept freely available for public inspection in such county or other local administrative area. An additional copy of this information shall be kept available in the office of the county agricultural extension agent or with the chairman of the local committee. Notice of the farm marketing quota of his farm shall be mailed to the farmer.
Notice of the farm acreage allotment established for each farm shown by the records of the county committee to be entitled to such allotment shall insofar as practicable be mailed to the farm operator in sufficient time to be received prior to the date of the referendum.
(Feb. 16, 1938, ch. 30, title III, §362,
Editorial Notes
Amendments
1949—Act Aug. 29, 1949, inserted paragraph providing for mailing of notice of allotment.
§1363. Review of quota; review committee
Any farmer who is dissatisfied with his farm marketing quota may, within fifteen days after mailing to him of notice as provided in
(Feb. 16, 1938, ch. 30, title III, §363,
Editorial Notes
Amendments
1951—Act Apr. 12, 1951, provided that the Secretary appoint a local review committee composed of 3 farmers from the same or nearby counties.
Statutory Notes and Related Subsidiaries
Review of 1950 Cotton Farm Acreage Allotment
Act Mar. 31, 1950, ch. 81, §2,
§1364. Compensation of review committee
The members of the review committee shall receive as compensation for their services the same per diem as that received by the members of the committee utilized for the purposes of
(Feb. 16, 1938, ch. 30, title III, §364,
Editorial Notes
References in Text
§1365. Institution of proceeding for court review of committee findings
If the farmer is dissatisfied with the determination of the review committee, he may, within fifteen days after a notice of such determination is mailed to him by registered mail or by certified mail, file a bill in equity against the review committee as defendant in the United States district court, or institute proceedings for review in any court of record of the State having general jurisdiction, sitting in the county or the district in which his farm is located, for the purpose of obtaining a review of such determination. Bond shall be given in an amount and with surety satisfactory to the court to secure the United States for the costs of the proceeding. The bill of complaint in such proceeding may be served by delivering a copy thereof to any one of the members of the review committee. Thereupon the review committee shall certify and file in the court a transcript of the record upon which the determination complained of was made, together with its findings of fact.
(Feb. 16, 1938, ch. 30, title III, §365,
Editorial Notes
Amendments
1960—
§1366. Court review
The review by the court shall be limited to questions of law, and the findings of fact by the review committee, if supported by evidence shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the review committee, the court may direct such additional evidence to be taken before the review committee in such manner and upon such terms and conditions as to the court may seem proper. The review committee may modify its findings of fact or its determination by reason of the additional evidence so taken, and it shall file with the court such modified findings or determination, which findings of fact shall be conclusive. The court shall hear and determine the case upon the original record of the hearing before the review committee, and upon such record as supplemented if supplemented, by further hearing before the review committee pursuant to direction of the court. The court shall affirm the review committee's determination, or modified determination, if the court determines that the same is in accordance with law. If the court determines that such determination or modified determination is not in accordance with law, the court shall remand the proceeding to the review committee with direction either to make such determination as the court shall determine to be in accordance with law or to take such further proceedings as, in the court's opinion, the law requires.
(Feb. 16, 1938, ch. 30, title III, §366,
Editorial Notes
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§1367. Stay of proceedings and exclusive jurisdiction
The commencement of judicial proceedings under this subpart shall not, unless specifically ordered by the court, operate as a stay of the review committee's determination. Notwithstanding any other provision of law, the jurisdiction conferred by this subpart to review the legal validity of a determination made by a review committee pursuant to this subpart shall be exclusive. No court of the United States or of any State shall have jurisdiction to pass upon the legal validity of any such determination except in a proceeding under this subpart.
(Feb. 16, 1938, ch. 30, title III, §367,
§1368. Effect of increase on other quotas
Notwithstanding any increase of any farm marketing quota for any farm as a result of review of the determination thereof under this subpart, the marketing quotas for other farms shall not be affected.
(Feb. 16, 1938, ch. 30, title III, §368,
subpart ii—adjustment of quotas and enforcement
§1371. General adjustment of quotas
(a) Investigation and adjustment to maintain normal supply
If at any time the Secretary has reason to believe that in the case of cotton,1 or rice the operation of farm marketing quotas in effect will cause the amount of such commodity which is free of marketing restrictions to be less than the normal supply for the marketing year for the commodity then current, he shall cause an immediate investigation to be made with respect thereto. In the course of such investigation due notice and opportunity for hearing shall be given to interested persons. If upon the basis of such investigation the Secretary finds the existence of such fact, he shall proclaim the same forthwith. He shall also in such proclamation specify such increase in, or termination of, existing quotas as he finds, on the basis of such investigation, is necessary to make the amount of such commodity which is free of marketing restrictions equal the normal supply.
(b) Adjustment because of emergency or export demand
If the Secretary has reason to believe that, because of a national emergency or because of a material increase in export demand, any national marketing quota or acreage allotment for cotton,1 or rice should be increased or terminated, he shall cause an immediate investigation to be made to determine whether the increase or termination is necessary to meet such emergency or increase in export demand. If, on the basis of such investigation, the Secretary finds that such increase or termination is necessary, he shall immediately proclaim such finding (and if he finds an increase is necessary, the amount of the increase found by him to be necessary) and thereupon such quota or allotment shall be increased, or shall terminate, as the case may be.
(c) Increase of farm quota on increase of national quota
In case any national marketing quota or acreage allotment for any commodity is increased under this section, each farm marketing quota or acreage allotment for the commodity shall be increased in the same ratio.
(Feb. 16, 1938, ch. 30, title III, §371,
Editorial Notes
Amendments
2004—Subsec. (a).
Subsec. (b).
2002—Subsec. (a).
Subsec. (b).
1962—Subsec. (a).
Subsec. (b).
1954—Subsec. (b). Act Aug. 28, 1954, §312(a), inserted proviso relating to national acreage allotment for corn, and struck out corn from national marketing quota provision.
Subsec. (c). Act Aug. 28, 1954, §312(b), inserted "or acreage allotment" after "marketing quota" wherever appearing.
Subsec. (d). Act Aug. 28, 1954, §312(c), repealed subsec. (d) which related to the adjustment of corn storage regulations on change in marketing quotas.
1941—Subsecs. (a), (b). Act Apr. 3, 1941, inserted "peanuts," after "rice,".
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Savings Provision
Amendment by sections 611 to 614 of
Inapplicability to 1991 Through 1995 Crops of Peanuts
Inapplicability to 1986 Through 1990 Crops of Peanuts
Inapplicability to 1982 Through 1985 Crops of Peanuts
§1372. Payment, collection, and refund of penalties
(a) The penalty with respect to the marketing, by sale, of wheat, cotton, or rice, if the sale is to any person within the United States, shall be collected by the buyer.
(b) All penalties provided for in part B of this subchapter shall be collected and paid in such manner, at such times, and under such conditions as the Secretary may by regulations prescribe. Such penalties shall be remitted to the Secretary by the person liable for the penalty, except that if any other person is liable for the collection of the penalty, such other person shall remit the penalty. Except as provided in section 1314h 1 of this title, the amount of such penalties shall be covered into the general fund of the Treasury of the United States.
(c) Whenever, pursuant to a claim filed with the Secretary within two years after payment to him of any penalty collected from any person pursuant to this chapter, the Secretary finds that such penalty was erroneously, illegally, or wrongfully collected and the claimant bore the burden of the payment of such penalty, the Secretary shall certify to the Secretary of the Treasury for payment to the claimant, in accordance with regulations prescribed by the Secretary of the Treasury, such amount as the Secretary finds the claimant is entitled to receive as a refund of such penalty.
Notwithstanding any other provision of law, the Secretary is authorized to prescribe by regulations for the identification of farms and it shall be sufficient to schedule receipts into special deposit accounts or to schedule such receipts for transfer therefrom, or directly, into the separate fund provided for in subsection (b) by means of such identification without reference to the names of the producers on such farms.
The Secretary is authorized to prescribe regulations governing the filing of such claims and the determination of such refunds.
(d) No penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown for experimental purposes only by any publicly owned agricultural experiment station. Effective with the 1978 crops, no penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown on State prison farms for consumption within such State prison system.
(Feb. 16, 1938, ch. 30, title III, §372,
Editorial Notes
References in Text
Amendments
1986—Subsec. (b).
1979—Subsec. (d).
1940—Subsec. (c). Act July 2, 1940, substituted "within two years" for "within one year" and inserted "and the claimant bore the burden of the payment of such penalty" after "wrongfully collected" in first par. and inserted second par. authorizing regulations for farm identification, etc.
1938—Subsecs. (c), (d). Act Apr. 7, 1938, added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Rulemaking Procedures
Secretary of Agriculture to implement amendments by
1 See References in Text note below.
§1373. Reports and records
(a) Persons reporting
This subsection shall apply to warehousemen, processors, and common carriers of corn, wheat, cotton, or rice, and 1 all ginners of cotton,2 all persons engaged in the business of purchasing corn, wheat, cotton, or rice from producers. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provisions of this subchapter. Such information shall be reported and such records shall be kept in accordance with forms which the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining information required to be furnished in any report, but not so furnished, the Secretary is authorized to examine such books, papers, records, accounts, correspondence, contracts, documents, and memoranda as he has reason to believe are relevant and are within the control of such person. Any such person failing to make any report or keep any record as required by this subsection or making any false report or record shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500.
(b) Proof of acreage yield
Farmers engaged in the production of corn, wheat, cotton, or rice for market shall furnish such proof of their acreage, yield, storage, and marketing of the commodity in the form of records, marketing cards, reports, storage under seal, or otherwise as the Secretary may prescribe as necessary for the administration of this subchapter.
(c) Data as confidential
All data reported to or acquired by the Secretary pursuant to this section shall be kept confidential by all officers and employees of the Department, and only such data so reported or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing under this subchapter. Nothing in this section shall be deemed to prohibit the issuance of general statements based upon the reports of a number of parties which statements do not identify the information furnished by any person.
(Feb. 16, 1938, ch. 30, title III, §373,
Editorial Notes
Amendments
2004—Subsec. (a).
Subsec. (b).
2002—Subsec. (a).
Subsec. (b).
1996—Subsec. (a).
1990—Subsec. (a).
1985—Subsec. (a).
1982—Subsec. (c).
1981—Subsec. (a).
1977—Subsec. (a).
1960—Subsec. (a).
1941—Subsec. (a). Act Apr. 3, 1941, §6, among other changes, inserted "peanuts" after "rice" wherever appearing and inserted "all brokers and dealers in peanuts, all agents marketing peanuts for producers, or acquiring peanuts for buyers and dealers, and all peanut growers' cooperative associations, all persons engaged in the business of cleaning, shelling, crushing, and salting of peanuts and the manufacture of peanut products, and all persons owning or operating peanut-picking or peanut-threshing machines".
Subsec. (b). Act Apr. 3, 1941, §7, inserted "peanuts," after "rice,".
1940—Subsec. (a). Act June 13, 1940, inserted all after "$500;" in last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective and Termination Dates of 1996 Amendment
Effective and Termination Dates of 1990 Amendment
Effective and Termination Dates of 1985 Amendment
Effective and Termination Dates of 1981 Amendment
Effective and Termination Dates of 1977 Amendment
Savings Provision
Amendment by sections 611 to 614 of
1 So in original. The word "and" probably should not appear.
2 So in original. The word "and" probably should appear.
§1374. Measurement of farms and report of plantings; remeasurement
(a) The Secretary shall provide for ascertaining, by measurement or otherwise, the acreage of any agricultural commodity or land use on farms for which the ascertainment of such acreage is necessary to determine compliance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the requirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program. Where cotton is planted in skiprow patterns, the same rules that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 through 1995 crops, except that, for the 1991 through 1995 crops, the rules shall allow 30 inch rows (or, at the option of those cotton producers who had an established practice of using 32 inch rows before the 1991 crop, 32 inch rows) to be taken into account for classifying the acreage planted to cotton and the area skipped. For the 1992 through 1995 crops, the rules establishing the requirements for eligibility for conserving use for payment acres shall be the same rules as were in effect for 1991 crops.
(b) With respect to cotton, the Secretary, upon such terms and conditions as he may by regulation prescribe, shall provide, through the county and local committees for the measurement prior to planting of an acreage on the farm equal to the farm acreage allotment if so requested by the farm operator, and any farm on which the acreage planted to cotton does not exceed such measured acreage shall be deemed to be in compliance with the farm acreage allotment.
(c) The Secretary shall by appropriate regulations provide for the remeasurement upon request by the farm operator of the acreage planted to such commodity on the farm and for the measurement of the acreage planted to such commodity on the farm remaining after any adjustment of excess acreage hereunder and shall prescribe the conditions under which the farm operator shall be required to pay the county committee for the expense of the measurement of adjusted acreage or the expense of remeasurement after the initial measurement or the measurement of adjusted acreage. The regulations shall also provide for the refund of any deposit or payment made for the expense of the remeasurement of the initially determined acreage or the adjusted acreage when because of an error in the determination of such acreage the remeasurement brings the acreage within the allotment or permitted acreage or results in a change in acreage in excess of a reasonable variation normal to measurements of acreage of the commodity. Unless the requirements for measurement of adjusted acreage are met by the farm operator, the acreage prior to such adjustment as determined by the county committee shall be considered the acreage of the commodity on the farm in determining whether the applicable farm allotment has been exceeded.
(Feb. 16, 1938, ch. 30, title III, §374,
Editorial Notes
Amendments
1991—Subsec. (a).
1990—Subsec. (a).
1985—Subsec. (a).
1981—Subsec. (a).
1977—Subsec. (a).
1973—Subsec. (a).
1965—Subsec. (a).
Subsec. (c).
1960—Subsec. (b).
Subsec. (c).
1954—Subsec. (b). Act Aug. 28, 1954, struck out last sentence relating to overplanting of cotton acreage.
Subsec. (c). Act Aug. 28, 1954, added subsec. (c).
1949—Act Aug. 29, 1949, redesignated existing provisions as subsec. (a) and added subsec. (b).
1941—Act Apr. 3, 1941, inserted "peanuts," after "cotton,".
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
§1375. Regulations
(a) The Secretary shall provide by regulations for the identification, wherever necessary, of corn, wheat, cotton, rice, or peanuts so as to afford aid in discovering and identifying such amounts of the commodities as are subject to and such amounts thereof as are not subject to marketing restrictions in effect under this subchapter.
(b) The Secretary shall prescribe such regulations as are necessary for the enforcement of this subchapter.
(Feb. 16, 1938, ch. 30, title III, §375,
Editorial Notes
Amendments
2004—Subsec. (a).
Subsec. (c).
1941—Subsec. (a). Act Apr. 3, 1941, inserted "peanuts," after "rice,".
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Savings Provision
Amendment by sections 611 to 614 of
§1376. Court jurisdiction; duties of United States attorneys; remedies and penalties as additional
The several district courts of the United States are vested with jurisdiction specifically to enforce the provisions of this subchapter. If and when the Secretary shall so request, it shall be the duty of the several United States attorneys in their respective districts, under the direction of the Attorney General, to institute proceedings to collect the penalties provided in this subchapter. The remedies and penalties provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law. This section also shall be applicable to liquidated damages provided for pursuant to
(Feb. 16, 1938, ch. 30, title III, §376,
Editorial Notes
Amendments
1964—
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorneys" for "district attorneys". See
§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
(Feb. 16, 1938, ch. 30, title III, §377, as added May 28, 1956, ch. 327, title III, §307,
Editorial Notes
References in Text
The Soil Bank Act, referred to in text, is act May 28, 1956, ch. 327,
The Food Security Act of 1985, referred to in text, is
Amendments
2018—
1996—
1977—
1964—
1959—
1957—
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1977 Amendment
Inapplicability of Section
Section inapplicable to 1984 and subsequent crops of extra long staple cotton, see section 3 of
Section inapplicable to 2014 through 2018 crops of upland cotton, see
Section inapplicable to 2008 through 2012 crops of upland cotton, see
Section inapplicable to 2002 through 2007 crops of upland cotton, see
Section inapplicable to 1996 through 2001 crops of upland cotton, see
Section inapplicable to 1991 through 1995 crops of upland cotton, see section 502 of
Section inapplicable to 1986 through 1990 crops of upland cotton, see section 502 of
Section inapplicable to 1982 through 1985 crops of upland cotton, see section 501 of
Section inapplicable to 1978 through 1981 crops of rice, see section 703 of
Section inapplicable to 1978 through 1981 crops of upland cotton, see section 601 of
§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 paragraph (c) 1 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 and 1 cotton, 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.
(Feb. 16, 1938, ch. 30, title III, §378, as added
Editorial Notes
Codification
Part of subsec. (d) of section 378 of act Feb. 16, 1938, is set out as a Savings Provision note below. The remainder of such subsec. (d) repealed
Amendments
2004—Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
2002—Subsec. (c).
1972—Subsec. (a).
1971—Subsec. (f).
1970—Subsec. (d).
Subsec. (e).
1961—
1960—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective and Termination Dates of 1970 Amendment
Savings Provision
Amendment by sections 611 to 614 of
Act Feb. 16, 1938, ch. 30, title III, §378(d), as added by
1 So in original. Probably should read "subsection (c)".
1 So in original. The word "and" probably should not appear.
§1379. Reconstitution of farms
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.
(Feb. 16, 1938, ch. 30, title III, §379, as added
Editorial Notes
Amendments
2004—
1999—Subsec. (b).
1991—Subsecs. (a)(4) to (7), (c).
1990—Subsec. (a)(7).
1983—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective and Termination Dates of 1970 Amendment
Savings Provision
Amendment by sections 611 to 614 of