DAIRY IMPORT STUDY (6) Title II is amended by adding at the end thereof the following: 84 Stat. 1359. "SEC. 205. The Secretary of Agriculture is authorized and directed to carry out a comprehensive study to determine the effect upon domes tic diary producers, handlers, and processors and upon consumers of increases in the level of imports, if any, of dairy products and report Report to ucts, butterfat, milk solids-not-fat, and any combination or mixture 87 STAT, 223 "PRODUCER HANDLERS "SEC. 206. The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, shall be the same subsequent to the adoption of the amend- 48 Stat. 31; ments made by the Agriculture Act of 1973 as it was prior thereto." 50 Stat. 246. 7 USC 601 note. WOOL PROGRAM (7) Section 301 is amended by Price supports. (A) striking out "1973" each place it occurs and inserting 84 Stat. 1362. "1977", and by striking out the word "three" each place it occurs; 7 USC 1782. and (B) adding at the end thereof the following: "(6) Strike out the first sentence of section 708 and insert the fol- 68 Stat. 912. lowing: The Secretary of Agriculture is authorized to enter into 7 USC 1787. agreements with, or to approve agreements entered into between, marketing cooperatives, trade associations, or others engaged or whose members are engaged in the handling of wool, mohair, sheep, or goats or the products thereof for the purpose of developing and conducting on a national, State, or regional basis advertising and sales promotion programs and programs for the development and dissemination of information on product quality, production management, and marketing improvement, for wool, mohair, sheep, or goats or the products thereof. Advertising and sales promotion programs may be conducted outside of the United States for the purpose of maintaining and expanding foreign markets and uses for mohair or goats or the products thereof produced in the United States.." WHEAT PROGRAM WHEAT PRODUCTION INCENTIVES (8) Effective beginning with the 1974 crop section 401 is amended 84 Stat. 1362. by striking out "1971, 1972, and 1973" and inserting "1971 through 7 USC 1445a 1977" and section 107 of the Agricultural Act of 1949, as it appears and note. therein is amended by— Loans and purchases, availability. 64 Stat. 1362. 7 USC 14458. 7 USC 1379b and note, 1379c and note. (A) amending section 107(a) to read as follows: "(s) Loans and purchases on each crop of wheat shall be made available at such level 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: Provided, That in no event shall such level be in excess of the parity price for wheat or less than $1.37 per bushel." (B) substituting the word "payments" for the word "certificates" in section 107(b); (C) striking the quotation mark at the end of section 107(b); and (D) adding at the end of the section the following: "(c) Payments shall be made for each crop of wheat to the producers on each farm in an amount determined by multiplying (i) the amount by which the higher of "(I) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or "(2) the loan level determined under subsection (a) for such crop is less than the established price of $2.05 per bushel in the case of the 1974 and 1975 crops, $2.05 per bushel adjusted to reflect any change during the calendar year 1975 in the index of prices paid by farmers for production items, interest, taxes, and wage rates in the case of the 1976 crop, and the established price for the 1976 crop adjusted to reflect any change during the calendar year 1976 in such index in the case of the 1977 crop, times in each case (ii) the allotment for the farm for such crop, times (iii) the projected yield established for the farm with such adjustments as the Secretary determines necessary to provide a fair and equitable yield: Provided, That any increase that would otherwise be made in the established price to reflect a change in the index of prices paid by farmers shall be adjusted to reflect any change in (i) the national average yield per acre of wheat for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of wheat for the three calendar years preceding the year previous to the one for which the determination is made. If the Secretary determines that the producers are prevented from planting, any portion of the farm acreage allotment to wheat or other nonconserving crop, because of drought, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment on such portion shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. If the Secretary determines that, because of such a disaster or condition, the total quantity of wheat (or other nonconserving crop planted instead of wheat) which the producers are able to harvest on any farm is less than 66% percent of the farm acreage allotment times the projected yield of wheat (or other nonconserving crop planted instead of wheat) for the farm, the rate of payment for the deficiency in production below 100 percent shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. The Secretary shall provide for the sharing of payments made under this subsection for any farm among the producers on the farm on a fair and equitable basis." TERMINATION OF WHEAT CERTIFICATE PROGRAM, (9) Section 402 is amended by inserting "(a)" after the section designation and adding the following at the end of the section: "(b) (A) Section 379b of the Agricultural Adjustment Act of 1938 84 Stat. 1362. (which provides for a wheat marketing certificate program) shall not 7 USC 1379b. be applicable to the 1974 through 1977 crops of wheat, except as provided in paragraphs (B) and (C) of this subsection. "(B) Section 379b (c) of the Agricultural Adjustment Act of 1938, as amended by subsection (a) of this section (which provides for a set-aside program), shall be effective with respect to the 1974 through 1977 crops of wheat with the following changes: "i) The phrase 'payments authorized by section 107 (c) of the Agricultural Act of 1949' shall be substituted for the word 'cer- Ante, p. 225. tificates' and the phrases 'certificates authorized in subsection (b)' and 'marketing certificates' each place they occur. "(ii) The word 'domestic' shall be stricken each place it occurs. 66 "(iii) The second sentence of section 379b (c) (1) is amended to set-aside read as follows: 'If a set-aside of cropland is in effect under this acreage. subsection (c), then as a condition of eligibility for loans, purchases, and payments authorized by section 107(c) of the Agricultural Act of 1949, the producers on a farm must set aside and devote to approved conservation uses an acreage of cropland equal to (i) such percentage of the wheat allotment for the farm as may be specified by the Secretary and will be estimated by the Secretary to result in a set-aside not in excess of thirteen and threetenths million acres in the case of the 1971 crop; plus, if required by the Secretary, (ii) the acreage of cropland or the farm devoted in preceding years to soil conserving uses, as determined by the Secretary.' "(iv) The third sentence in 379b (c) (1) is amended to read as Acreage follows: The Secretary is authorized for the 1974 through 1977 limitation. crops to limit the acreage planted to wheat on the farm to a per centage of the acreage allotment.' "(v) 1971 through 1977' shall be substituted for '1971, 1972, and 1973' each place it occurs other than in the third sentence of section 379b (c)(1). limitations. "(vi) The last sentence of section 379b (c)(i) is amended to Grazing and read as follows: 'The Secretary shall permit producers to plant planting, and graze on set-aside acreage sweet sorghum, and the Secretary may permit, subject to such terms and conditions as he may prescribe, all or any of the set-aside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price-support program, and will not adversely affect farm income.' "(vii) After the second sentence of section 379b (c) (3) the following shall be inserted: "The Secretary may, in the case of programs for the 1974 through 1977 crops, pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences.' "(C) Sections 379b (d), (e), (g), and (i) of the Agricultural 84 Stat. 1364. Adjustment Act of 1938, as amended by subsection (a) of this section, shall be effective for the 1974 through 1977 crops amended to read as follows: "(d) The Secretary shall provide for the sharing of payments Payment sharing. made under this section for any farm among producers on the farm on a fair and equitable basis. "(e) In any case in which the failure of a producer to comply fully Noncompliance. with the terms and conditions of the program formulated under this section precludes the making of loans, purchases, and payments, the Regulations. 84 Stat. 1364. 7 USC 1379c. Farm acreage allotment. County appor tiorment, Factors de ment. Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default. "(g) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this title. 66 "(i) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.' "(D) Section 379c of the Agricultural Adjustment Act of 1938, effective only with respect to the 1974 through 1977 crops of wheat is amended to read as follows: 66 SEC. 379c. (a) (1) The farm acreage allotment for each crop of wheat shall be determined as provided in this section. The Secretary shall proclaim the national acreage allotment not later than April 15 of each calendar year for the crop harvested in the next succeeding calendar year. Such national allotment shall be the number of acres he determines on the basis of the estimated national average yield for the crop for which the determination is being made will produce the quantity (less imports) that he estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary determines that carryover stocks are excessive or an increase in stocks is needed to assure a desirable carryover, he may adjust the allotment by the amount he determines will accomplish the desired decrease or increase in carryover stocks. The national acreage allotment for any crop of wheat shall be apportioned by the Secretary among the States on the basis of the apportionment to each State of the national acreage allotment for the preceding crop (1973 national domestic allotment in the case of apportionment of the 1974 national acreage allotment) adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State, taking into consideration established crop rotation practices, the estimated decrease in farm acreage allotments, and other relevant factors. "(2) The State acreage allotment for wheat, less a reserve of not to exceed 1 per centum thereof for apportionment as provided in this subsection, shall be apportioned by the Secretary among the counties in the State, on the basis of the apportionment to each such county of the wheat allotment for the preceding crop, 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, the estimated decrease in farm allotments, and other relevant factors. "(3) The farm allotment for each crop of wheat shall be detertermining allot- mined by apportioning the county wheat allotment among farms in the county which had a wheat allotment for the preceding crop on the basis of such allotment, adjusted to reflect established crop-rotation practices and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment. Notwithstanding any other provision of this subsection, the farm allotment shall be adjusted downward to the extent required by subsection (b). 666 (4) Not to exceed 1 per centum of the State allotment for any crop may be apportioned to farms for which there was no allotment for the preceding crop on the basis of the following factors: suitability of the land for production of wheat, the past experience of the farm operator in the production of wheat, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of wheat on other farms owned, operated, or controlled by the farm operator, and such other factors as the Secretary determines should be considered for the purpose of establishing fair and equitable farm allotments. No part of such reserve shall be apportioned to a farm to reflect new cropland brought into production after the date of enactment of the set-aside program for wheat. 666 "(5) The planting on a farm of wheat of any crop for which no farm allotment was established shall not make the farm eligible for an allotment under subsection (a) (3) nor shall such farm by reason of such planting be considered ineligible for an allotment under subsection (a) (4). "(6) The Secretary may make such adjustments in acreage under Acreage adjustthis Act as he determines necessary to correct for abnormal factors ments. affecting production, and to give due consideration to tillable acreage, crop rotation practices, types of soil, soil and water conservation measures, and topography, and in addition, in the case of conserving use acreages to such other factors as he deems necessary in order to establish a fair and equitable conserving use acreage for the farm. “(b)(1) If for any crop the total acreage of wheat planted on a Allotment farm is less than the farm allotment, the farm allotment used as a base reduction, for the succeeding crop shall be reduced by the percentage by which conditions. such planted acreage was less than such farm allotment, but such reduction shall not exceed 20 per centum of the farm allotment for the preceding crop. If no acreage has been planted to wheat for three consecutive crop years on any farm which has an allotment, such farm shall lose its allotment. Producers on any farm who have planted to wheat not less than 90 per centum of the allotment for the farm shall be considered to have planted an acreage equal to 100 per centum of such allotment. An acreage on the farm which the Secretary determines was not planted to wheat because of drought, flood, or other natural disaster or condition beyond the control of the producer shall be considered to be an acreage of wheat planted for harvest. For the purpose of this subsection, the Secretary may permit producers of wheat to have acreage devoted to soybeans, feed grains for which there is a set-aside program in effect, guar, castor beans, cotton, triticale, oats, rye, or such other crops as the Secretary may deem appropriate considered as devoted to the production of wheat to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program. "(2) Notwithstanding the provisions of subsection (b) (1), no farm allotment shall be reduced or lost through failure to plant the farm allotment, if the producer elects not to receive payments for the portion of the farm allotment not planted, to which he would otherwise be entitled under the provisions of section 107 (c) of the Agricultural Act of 1949.'" REPEAL OF PROCESSOR CERTIFICATE REQUIREMENT Ante, p. 225. (10) Section 403 is amended by inserting "(a)" after the section 84 Stat. 1366. designation and by inserting at the end thereof the following: 7 USC 1379d and "(b) Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agri- note, 13796 and cultural Adjustment Act of 1938 (which deal with marketing certifi- note. 1379J, cate requirements for processors and exporters) shall not be applicable 7 USC 1379fto wheat processed or exported during the period July 1, 1973 through June 30, 1978; and section 379g is amended by adding the following 76 Stat. 629; new subsection (c): "(c) The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the certificate 79 Stat. 1203. program provided for under section 379d to a program under which 78 Stat. 181; no certificates are required. Notwithstanding any other provision of 86 Stat. 1366. law, such authority shall include, but shall not be limited to the authority to exempt all or a portion of wheat or food products made |