§1349 — Title 7 Agriculture | U.S. Code

Summary

The Secretary may add extra “export market acreage” to a farm’s 1964 cotton allotment, up to 10% more, if doing so will not let the cotton carryover at the start of the next marketing year be more than one million bales less than it was the previous year when that earlier carryover was over eight million bales. For 1965, after any hearings the Secretary wants, the Secretary may set an export market acreage that meets the same carryover test. The extra acreage is divided to States based on the State allotments made under section 1344 and then to farms by State rules and county applications. “Export market acreage” means the number of acres planted above a farm’s base allotment, up to a maximum. For rules about sections 1345 and 1374 and any law that makes acreage limits a condition for price support or payments, a farm that has export market acreage will have an allotment equal to its section 1344 allotment plus the maximum export market acreage. The extra acreage is in addition to county, State, and national allotments and is not used to set future allotments. These rules do not apply to extra-long-staple cotton or to farms getting price support under section 1444(b). Producers or buyers on farms with export market acreage must, under the Secretary’s rules, give a bond or similar promise to export, without any government export subsidy and within a time the Secretary sets, the amount of cotton equal to the farm’s average yield times the export market acreage. The bond must say that if they fail, they will pay liquidated damages set to approximate the penalty under section 1346(a). The Secretary can let them pay that amount instead of posting a bond. If no bond or payment is made on time, or if the farm plants more cotton than the base allotment plus the allowed export market acreage, the farm’s allotment will be only the base allotment from section 1344. Money collected goes to the Commodity Credit Corporation to help pay for export promotion under section 1853.

Title 7, §1349

Agriculture — Source: USLM XML via OLRC

(a)The acreage allotment established under the provisions of section 1344 of this title for each farm for the 1964 crop may be supplemented by the Secretary by an acreage equal to such percentage, but not more than 10 per centum, of such acreage allotment as he determines will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. For the 1965 crop, the Secretary may, after such hearing and investigation as he finds necessary, announce an export market acreage which he finds will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. Such export market acreage shall be apportioned to the States on the basis of the State acreage allotments established under section 1344 of this title and apportioned by the States to farms receiving allotments under section 1344 of this title, pursuant to regulations issued by the Secretary, after considering applications for such acreage filed with the county committee of the county in which the farm is located. The “export market acreage” on any farm shall be the number of acres, not exceeding the maximum export market acreage for the farm established pursuant to this subsection, by which the acreage planted to cotton on the farm exceeds the farm acreage allotment. For purposes of section 1345 and 1374 of this title and the provisions of any law requiring compliance with a farm acreage allotment as a condition of eligibility for price support or payments under any farm program, the farm acreage allotment for farms with export market acreage shall be the sum of the farm acreage allotment established under section 1344 of this title and the maximum export market acreage. Export market acreage shall be in addition to the county, State, and National acreage allotments and shall not be taken into account in establishing future State, county, and farm acreage allotments. The provisions of this section shall not apply to extra-long-staple cotton or to any farm which receives price support under section 1444(b) of this title.

(b)The producers on any farm on which there is export market acreage or the purchasers of cotton produced thereon shall, under regulations issued by the Secretary, furnish a bond or other undertaking prescribed by the Secretary providing for the exportation, without benefit of any Government cotton export subsidy and within such period of time as the Secretary may specify, of a quantity of cotton produced on the farm equal to the average yield for the farm multiplied by the export market acreage as determined pursuant to regulations issued by the Secretary. The bond or other undertaking given pursuant to this section shall provide that, upon failure to comply with the terms and conditions thereof, the person furnishing such bond or other undertaking shall be liable for liquidated damages in an amount which the Secretary determines and specifies in such undertaking will approximate the amount payable on excess cotton under section 1346(a) of this title. The Secretary may, in lieu of the furnishing of a bond or other undertaking, provide for the payment of an amount equal to that which would be payable as liquidated damages under such bond or other undertaking. If such bond or other undertaking is not furnished, or if payment in lieu thereof is not made as provided herein, at such time and in the manner required by regulations of the Secretary, or if the acreage planted to cotton on the farm exceeds the farm acreage allotment established under the provisions of section 1344 of this title by more than the maximum export market acreage, the farm acreage allotment shall be the acreage so established under section 1344 of this title. Amounts collected by the Secretary under this section shall be remitted to the Commodity Credit Corporation and used by the Corporation to defray costs of encouraging export sales of cotton under section 1853 11 See References in Text note below. of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1853 of this title, referred to in subsec. (b), was repealed by Pub. L. 103–465, title IV, § 412(c), Dec. 8, 1994, 108 Stat. 4964.

Prior Provisions

A prior section 1349, act Feb. 16, 1938, ch. 30, title III, § 349, 52 Stat. 59, was omitted by act Aug. 29, 1949, ch. 518, § 1, 63 Stat. 670 which amended sections 342 to 350 of act Feb. 16, 1938, ch. 30, title III, 52 Stat. 56 to 60 (sections 1342 to 1344, 1345 to 1347, and prior sections 1348 to 1350 of this title) to be sections 342 to 348 of act Feb. 16, 1938 (sections 1342 to 1344, 1345 to 1347, and a prior section 1348 of this title).

Statutory Notes and Related Subsidiaries

Inapplicability of Section Section inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(a)(1) of this title. Section inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning

June 18, 2008, through Dec. 31, 2012, see section 8782(a)(1) of this title. Section inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning

May 13, 2002, through Dec. 31, 2007, see section 7992(a)(1) of this title. Section inapplicable to 1996 through 2001 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(A) of this title.

§1349 Export Market Acreage