**(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 deeme
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Source location: Title 7, Chapter 35, § 1377; chapter-035-agricultural-adjustment-act-of-1938.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 1377. Preservation of unused acreage allot-
ments
In any case in which, during any year begin-
ning with 1956, the acreage planted to a com-
modity on any farm is less than the acreage al-
lotment for such farm, the entire acreage allot-
Page 681
TITLE 7—AGRICULTURE
§ 1377
ment for such farm (excluding any allotment re-
leased from the farm or reapportioned to the
farm and any allotment provided for the farm
pursuant to subsection (f)(7)(A) of section 1344 of
this title) shall, except as provided herein, be
considered for the purpose of establishing future
State, county and farm acreage allotments, to
have been planted to such commodity in such
year on such farm, but the 1956 acreage allot-
ment of any commodity shall be regarded as
planted under this section only if the owner or
operator on such farm notified the county com-
mittee prior to the sixtieth day preceding the
beginning of the marketing year for such com-
modity of his desire to preserve such allotment:
Provided, That beginning with the 1960 crop, ex-
cept for federally owned land, the current farm
acreage allotment established for a commodity
shall not be preserved as history acreage pursu-
ant to the provisions of this section unless for
the current year or either of the two preceding
years an acreage equal to 75 per centum or more
of the farm acreage allotment for such year or,
in the case of upland cotton on a farm which
qualified for price support on the crop produced
in any such year under section 1444(b) of this
title, 75 per centum of the farm domestic allot-
ment established under section 1350 of this title
for any such year, whichever is smaller was ac-
tually planted or devoted to the commodity on
the farm (or was regarded as planted under pro-
visions of the Soil Bank A