87 STAT 229. 78 Stat. 181; 86 Stat. 1366. 7 USC 1379d. 84 Stat. 1366. 7 USC 1331 1339, 1378, 1379, 1385 and notes. 79 Stat. 1210; 79 Stat. 1205. 7 USC 1301. 79 Stat. 1211. 7 USC 1306. 84 Stat. 1367. 7 USC 1330 7 USC 13790 note. Ante, p. 227. 84 Stat. 1367. 7 USC 1428 and note. therefrom in the channels of trade on July 1, 1973, from the marketing restrictions in subsection (b) of section 379d, or to sell certificates to persons owning such wheat or food products made there from at such price and under such terms and conditions as the Secretary may determine. Any such certificate shall be issued by the Commodity Credit Corporation. Nothing herein shall authorize the Secretary to require certificates on wheat processed after June 30, 1973." SUSPENSION OF WHEAT MARKETING QUOTAS (11) Section 404 is amended by striking "1971, 1972, and 1973" wherever it appears and inserting "1971 through 1977", and by striking "1972 and 1973" and inserting "1972 through 1977". STATE AGENCY ALLOTMENTS, YIELD CALCULATIONS (12) (a) Section 405 is amended by striking out "1971, 1972, and 1973" and inserting "1971 through 1977"; and by repealing paragraph (2) effective with the 1974 crop; by inserting "(a)" after the section designation; by changing the period and quotation mark at the end of the section to a semicolon; and by adding at the end of the section the following: "(b) Effective with respect to the 1974 through 1977 crops, section 301(b) (13) (K) of the Agricultural Adjustment Act of 1938 is amended by adding after 'three calendar years' the following: '(five calendar years in the case of wheat), and section 708 of Public Law 89-321 is amended by inserting in the second sentence after 'determining the projected yield' the following (except that in the case of wheat, if the yield is abnormally low in any one of the calendar years of the base period because of drought, flood, or other natural disaster, the Secretary shall take into account the actual yield proved by the producer in the other four years of such base period)"." SUSPENSION OF QUOTA PROVISIONS (13) Section 406 is amended by striking out "1971, 1972, and 1973" and inserting "1971 through 1977". REDUCTION IN WHEAT STORED TO AVOID PENALTY (14) Section 407 of the Agricultural Act of 1970 is amended by adding at the end thereof the following: "Notwithstanding the foregoing, the Secretary may authorize release of wheat stored by a producer under section 379c (b) of the Agricultural Adjustment Act of 1938, as amended, prior to the 1971 crop, whenever he determines such release will not significantly affect market prices for wheat. As a condition of release, the Secretary may require a refund of such portion of the value of certificates received in the crop year the excess wheat was produced as he deems appropriate considering the period of time the excess wheat has been in storage and the need to provide fair and equitable treatment among all wheat program participants.". APPLICATION OF THE AGRICULTURAL ACT OF 1949 (15) Section 408 is amended by striking out "1971, 1972, and 1973” and inserting "1971 through 1977". COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS 87 STAT. 230 (16) Section 409 is amended by striking out "1971, 1972, and 1973" 84 Stat. 1367. and inserting "1971 through 1977”. SET-ASIDE ON SUMMER FALLOW FARMS 7 USC 1427 and note. (17) Section 410 is amended by striking out "1971, 1972, and 1973" 7 USC 1334a-1. and inserting "1971 through 1977". FEED GRAIN PROGRAM (18) Effective only with respect to the 1974 through 1977 crops of Loans and feed grains, section 501 is amended by (A) striking out that portion through the first colon and section 105(a) of the Agriculture Act of 1949, as it appears therein, and inserting the following: "SEC. 501. (a) Effective only with respect to the 1971 through 1977 crops of feed grains, section 105 (a) of the Agricultural Act of 1949, as amended, is further amended to read as follows: "SEC. 105. Notwithstanding any other provision of law 666 (a) (1) The Secretary shall make available to producers loans and purchases on each crop of corn at such level, not less than $1.10 per bushel nor in excess of 90 per centum of the parity price therefor, as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains in the United States. purchases. 7 USC 1441 note. "(2) The Secretary shall make available to producers loans and purchases on each crop of barley, oats, and rye, respectively, at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of such commodity in relation to corn and other factors specified in section 401(b), and on each crop 63 Stat. 1054; of grain sorghums at such level as the Secretary determines is fair and 78 stat. 175. reasonable in relation to the level that loans and purchases are made 7 USC 1421. available for corn, taking into consideration the feeding value and average transportation costs to market of grain sorghums in relation to corn."." (B) adding at the end thereof the following: "(b) Effective only with respect to the 1974 through 1977 crops of feed grains, section 105(b) of the Agricultural Act of 1949, as amended, is further amended to read as follows: "(b) (1) In addition, the Secretary shall make available to pro- Payments, ducers payments for each crop of corn, grain sorghums, and, if desig- computation. nated by the Secretary, barley, computed by multiplying (1) the payment rate, times (2) the allotment for the farm for such crop, times (3) the yield established for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. The payment rate for corn shall be the amount by which the higher of "(1) 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 $1.38 per bushel in the case of the 1974 and 1975 crops, $1.38 per bushel adjusted to reflect any change during the calendar year 1975 in the index of prices paid by farmers 87 STAT 231 Feed grain allotment, reduction. 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: 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 feed grains for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of feed grains for the three calendar years preceding the year previous to the one for which the determination is made. The payment rate for grain sorghums and, if designated by the Secretary, barley, shall be such rate as the Secretary determines fair and reasonable in relation to the rate at which payments are made available for corn. If the Secretary determines that the producers on a farm are prevented from planting any portion of the farm acreage allotment to feed grains 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 feed grains (or other nonconserving crop planted instead of feed grains) which the producers are able to harvest on any farm is less than 66% percent of the farm acreage allotment times the yield of feed grains (or other nonconserving crop planted instead of feed grains) established 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. "(2) The Secretary shall, prior to January 1 of each calendar year, determine and proclaim for the crop produced in such calendar year a national acreage allotment for feed grains, which shall be the number of acres he determines on the basis of the estimated national average yield of the feed grains included in the program for the crop for which the determination is being made will produce the quantity (less imports) of such feed grains that he estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary determines that carryover stocks of any of the feed grains are excessive or an increase in stocks is needed to assure a desirable carryover, he may adjust the feed grain allotment by the amount he determines will accomplish the desired decrease or increase in carryover stocks. State, county, and farm feed grain allotments shall be established on the basis of the feed grain allotments established for the preceding crop (for 1974 on the basis of the feed grain bases established for 1973), adjusted to the extent deemed necessary to establish a fair and equitable apportionment base for each State, county, and farm. Not to exceed 1 per centum of the State feed grain allotment may be reserved for apportionment to new feed grain farms on the basis of the following factors: suitability of the land for production of feed grains, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of feed grains 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 feed grain allotments. "(3) If for any crop the total acreage on a farm planted to feed grains included in the program formulated under this subsection is less than the feed grain allotment for the farm, the feed grain allotment for the farm for the succeeding crops shall be reduced by the percentage by which the planted acreage is less than the feed grain allotment for the farm, but such reduction shall not exceed 20 per centum of the feed grain allotment. If no acreage has been planted to such feed grains for three consecutive crop years on any farm which has a feed grain allotment, such farm shall lose its feed grain allotment: Provided, That no farm feed grain allotment shall be reduced or lost through failure to plant, if the producer elects not to receive payment for such portion of the farm feed grain allotment not planted, to which he would otherwise be entitled under the provisions of this Act. Any such acres eliminated from any farm shall be assigned to a national pool for the adjustment of feed grain allotments as provided for in subsection (e)(2). Producers on any farm who have planted to such feed grains not less than 90 per centum of the feed grain allotment 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 such feed grains because of drought, flood, or other natural disaster or condition beyond the control of the producer shall be considered to be an acreage of feed grains planted for harvest. For the purpose of this paragraph, the Secretary may permit producers of feed grains to have acreage devoted to soybeans, wheat, guar, castor beans, cotton, triticale, oats, rye, or such other crops as the Secretary may deem appropriate, considered as devoted to the production of such feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program.".", 87 STAT. 232 (C) amending the last sentence of section 105 (c) (1) to read as Cropland, follows: set-aside. "The Secretary shall permit producers to plant and graze on set- 84 Stat. 1369. aside acreage sweet sorghum, and the Secretary may permit, subject 7 USC 1441 to such terms and conditions as he may prescribe, all or any of the set- note. 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." (C) striking out "1971, 1972, 1973" where it appears in that part which amends section 105 (c)(1) of the Agricultural Act of 1949 and inserting "1971 through 1977", and by amending the second sentence of section 105(c) (1) to read as follows: "If a setaside of cropland is in effect under this subsection (c), then as a condition of eligibility for loans, purchases, and payments on corn, grain sorghums, and, if designated by the Secretary, barley, respectively, 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 feed grain allotment for the farm as may be specified by the Secretary, plus, if required by the Secretary (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary." (D) amending the third sentence of section 105 (c) (1) to read as follows: "The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to feed grains on the farm to a percentage of the farm acreage allotment.", (E) striking out paragraphs (1) and (3) of subsection (e), 84 Stat. 1370. changing "bases" to "allotments" wherever it appears in paragraph (2) of subsection (e), and striking out all of subsection (g). (F) inserting after the second sentence of section 105 (c) (3) the following: "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." 87 STAT 233 84 Stat. 1371. 7 USC 1342a. 64 Stat. 1372. 7 USC 1344b. 7 USC 1350.. Minimum national base acreage allotment. 84 Stat. 1374. 7 USC 1444. Payments. COTTON PROGRAM SUSPENSION OF MARKETING QUOTAS FOR COTTON, MINIMUM BASE (19) Section 601 is amended by- (A) striking out "1971, 1972, and 1973" wherever it appears therein and inserting "1971 through 1977", (B) striking "1970, 1971, and 1972" from paragraph (2) and inserting "1970 through 1976", (C) effective beginning with the 1974 crop, striking out the following from section 344a (a) in section 601 "for which a farm base acreage allotment is established (other than pursuant to section 350 (e) (1) (A))", (D) striking "1974" from paragraph (3) (1) and inserting "1978", and by striking "1972 and 1973" from paragraph (4) and inserting "1972 through 1977", (E) effective beginning with the 1974 crop, adding at the end of section 350 (a) in paragraph (4) of section 601 the following: "The national base acreage allotment for the 1974 through 1977 crops shall not be less than eleven million acres.", (F) effective beginning with the 1974 crop, striking "soybeans, wheat or feed grains" from the last sentence of section 350 (e) (2) in paragraph (4) of section 601 and inserting "soybeans, wheat, feed grains, guar, castor beans, triticale, oats, rye or such other crops as the Secretary may deem appropriate", (G) effective beginning with the 1974 crop, striking the words "an adjoining" in the first sentence of section 350 (h) as found in paragraph (1) of section 601, and inserting in lieu thereof "any other nearby". COTTON PRODUCTION INCENTIVES (20) Section 602 is amended by (A) striking "1971, 1972, and 1973" wherever it appears therein and inserting "1971 through 1977", by striking "the 1972 or 1973 crop" where it appears in that part amending section 103 (e) (1) of the Agricultural Act of 1949 and inserting "any of the 1972 through 1977 crops", and by striking out "acreage world price" in that part amending section 103 (e) (1) of the Agricultural Act of 1949, and substituting "average price of American cotton in world markets"; (B) in that part amending section 103 (e) (1) of the Agricultural Act of 1949 striking out "two-year period" wherever it appears therein and substituting "three-year period"; and by striking out that part beginning with "except that" in the first sentence and substituting "except that if the loan rate so calculated is higher than the then current level of average world prices for American cotton of such quality, the Secretary is authorized to adjust the current calculated loan rate for cotton to 90 per centum of the then current average world price."; (C) effective, beginning with the 1974 crop, amending section 103 (e) (2) of the Agricultural Act of 1949, as it appears in such section 602 to read as follows: "(2) Payments shall be made for each crop of cotton to the producers on each farm at a rate equal to the amount by which the higher of"(1) the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, or |