7 U.S.C. § 1377 — Preservation of unused acreage allot-

Page 680 TITLE 7—AGRICULTURE § 1375 1981—Subsec. (a). Pub. L. 97–98 substituted ‘‘1985 crops’’ for ‘‘1981 crops’’. 1977—Subsec. (a). Pub. L. 95–113 substituted ‘‘1981’’ for ‘‘1977’’ in provisions setting the last year for applica- tion of the 1971 through 1973 skiprow patterns in classifying the acreage planted to cotton. 1973—Subsec. (a). Pub. L. 91–524, § 612, as added by Pub. L. 93–86, inserted provisions relating to cotton planted in skiprow patterns. 1965—Subsec. (a). Pub. L. 89–321, § 701, removed ref- erences to county and local committees as the agent for measuring commodity or land use acreage, sub- stituted a general reference to any agricultural com- modity or land use on farms requiring ascertainment of acreage for specific reference to corn, wheat, cotton, peanuts, or rice, and substituted provisions requiring ascertainment of commodity and land use prior to har- vesting and allowing a reasonable time for adjustment of acreage requirements for provisions requiring the fil- ing of a written report by the local committee with the state committee in the event of planting in excess of farm acreage allotment. Subsec. (c). Pub. L. 89–321, § 702, struck out sentence directing the Secretary to provide by regulation for the adjustment of planted acreage to the farm acreage al- lotment if the acreage determined to be planted to any basic agricultural commodity on the farm is in excess of the farm acreage allotment. 1960—Subsec. (b). Pub. L. 86–553, § 1, struck out second sentence which read as follows: ‘‘The Secretary shall similarly provide for the remeasurement upon request by the farm operator of the acreage planted to cotton on the farm, but the operator shall be required to reim- burse the local committee for the expense of such remeasurement if the planted acreage is found to be in excess of the allotted acreage’’ which is now covered by subsec. (c) of this section. Subsec. (c). Pub. L. 86–553, § 2, authorized Secretary to provide by regulations for remeasurement of acreage planted to a basic agricultural commodity and for measurement of acreage planted to such commodity re- maining after adjustment of excess of measurement and remeasurement and to provide for refunds, and pre- scribed method of computing acreage in determining whether the applicable farm allotment has been exceed- ed. 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 provi- sions as subsec. (a) and added subsec. (b). 1941—Act Apr. 3, 1941, inserted ‘‘peanuts,’’ after ‘‘cot- ton,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with pro- vision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. § 1375. Regulations (a) The Secretary shall provide by regulations for the identification, wherever necessary, of corn, wheat, cotton, rice, or peanuts so as to af- ford 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 sub- chapter. (b) The Secretary shall prescribe such regula- tions as are necessary for the enforcement of this subchapter. (Feb. 16, 1938, ch. 30, title III, § 375, 52 Stat. 66; Apr. 3, 1941, ch. 39, § 9, 55 Stat. 92; Pub. L. 108–357, title VI, § 611(k), Oct. 22, 2004, 118 Stat. 1523.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–357, § 611(k)(1), sub- stituted ‘‘or peanuts’’ for ‘‘peanuts, or tobacco’’. Subsec. (c). Pub. L. 108–357, § 611(k)(2), which directed amendment of this section by striking out subsec. (c), could not be executed because this section does not contain 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 Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. § 1376. Court jurisdiction; duties of United States attorneys; remedies and penalties as addi- tional 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 attor- neys in their respective districts, under the di- rection of the Attorney General, to institute proceedings to collect the penalties provided in this subchapter. The remedies and penalties pro- vided 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 ap- plicable to liquidated damages provided for pur- suant to section 1349 of this title. (Feb. 16, 1938, ch. 30, title III, § 376, 52 Stat. 66; June 25, 1948, ch. 646, § 1, 62 Stat. 869; Pub. L. 88–297, title I, § 106(2), Apr. 11, 1964, 78 Stat. 176.) Editorial Notes AMENDMENTS 1964—Pub. L. 88–297 provided for application of this section to liquidated damages under section 1349 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure, and Historical and Revision Notes thereunder. § 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 Act or the environ- mental quality incentives program established under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.]): Provided further, That this section shall not be applicable in any case, with- in the period 1956 to 1959, in which the amount of the commodity required to be stored to post- pone or avoid payment of penalty has been re- duced because the allotment was not fully plant- ed. Acreage history credits for released or re- apportioned acreage shall be governed by the ap- plicable provisions of this subchapter pertaining to the release and reapportionment of acreage allotments. (Feb. 16, 1938, ch. 30, title III, § 377, as added May 28, 1956, ch. 327, title III, § 307, 70 Stat. 206; amended Pub. L. 85–266, Sept. 2, 1957, 71 Stat. 592; Pub. L. 86–172, § 1, Aug. 18, 1959, 73 Stat. 393; Pub. L. 88–297, title I, § 106(4), Apr. 11, 1964, 78 Stat. 177; Pub. L. 95–113, title VIII, § 806, Sept. 29, 1977, 91 Stat. 947; Pub. L. 104–127, title III, § 336(b)(2)(A), Apr. 4, 1996, 110 Stat. 1006; Pub. L. 115–334, title II, § 2301(d)(2)(B), Dec. 20, 2018, 132 Stat. 4554.) Editorial Notes REFERENCES IN TEXT The Soil Bank Act, referred to in text, is act May 28, 1956, ch. 327, 70 Stat. 188, which was classified to sub- chapters I to III of chapter 45 (§ 1801 et seq.) of this title and was repealed by Pub. L. 89–321, title VI, § 601, Nov. 3, 1965, 79 Stat. 1206. For complete classification of this Act to the Code prior to its repeal, see Tables. The Food Security Act of 1985, referred to in text, is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter A of chapter 4 of subtitle D of title XII of the Act is clas- sified generally to subpart A (§ 3839aa et seq.) of part IV of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under sec- tion 1281 of this title and Tables. AMENDMENTS 2018—Pub. L. 115–334 inserted ‘‘subchapter A of’’ be- fore ‘‘chapter 4’’. 1996—Pub. L. 104–127 substituted ‘‘environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985’’ for ‘‘Great Plains program’’. 1977—Pub. L. 95–113 temporarily inserted ‘‘or, in the case of peanuts, an acreage sufficient to produce 75 per centum of the farm poundage quota’’ after ‘‘of the farm acreage allotment for such year’’. See Effective and Termination Dates of 1977 Amendment note below. 1964—Pub. L. 88–297 inserted ‘‘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 allotment established under section 1350 of this title for any such year, whichever is smaller’’ in first proviso after ‘‘75 per centum or more of the farm acreage allot- ment for such year’’ to protect the farm base of any farm participating in the domestic allotment choice program if the acreage planted on the farm was at least 75 per centum of the farm domestic allotment. 1959—Pub. L. 86–172 excluded any allotment provided for a farm under section 1344(f)(7)(A) of this title from the entire acreage allotment for the farm which is con- sidered as planted in the year for the purpose of estab- lishing future acreage allotments and provided for the preservation of the current farm acreage allotment as history acreage under prescribed conditions. 1957—Pub. L. 85–266 struck out, for 1957, 1958, and 1959, requirement of filing notice of intention not to plant full acreage allotment and provided that acreage his- tory credits for released or reapportioned acreage shall be governed by the applicable provisions of this sub- chapter pertaining to the release and reapportionment of acreage allotments. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT Pub. L. 95–113, title VIII, § 806, Sept. 29, 1977, 91 Stat. 947, provided that the amendment made by that section is effective for the 1978 through 1981 crops of peanuts. INAPPLICABILITY OF SECTION Section inapplicable to 1984 and subsequent crops of extra long staple cotton, see section 3 of Pub. L. 98–88, set out as a note under section 1342 of this title. Section inapplicable to 2014 through 2018 crops of up- land cotton, see section 9092(a)(2) of this title. Section inapplicable to 2008 through 2012 crops of up- land cotton, see section 8782(a)(2) of this title. Section inapplicable to 2002 through 2007 crops of up- land cotton, see section 7992(a)(2) of this title. Section inapplicable to 1996 through 2001 crops of up- land cotton, see section 7301(a)(1)(G) of this title. Section inapplicable to 1991 through 1995 crops of up- land cotton, see section 502 of Pub. L. 101–624, set out as a note under section 1342 of this title. Section inapplicable to 1986 through 1990 crops of up- land cotton, see section 502 of Pub. L. 99–198, set out as a note under section 1342 of this title. Section inapplicable to 1982 through 1985 crops of up- land cotton, see section 501 of Pub. L. 97–98, set out as a note under section 1342 of this title. Section inapplicable to 1978 through 1981 crops of rice, see section 703 of Pub. L. 95–113. Section inapplicable to 1978 through 1981 crops of up- land cotton, see section 601 of Pub. L. 95–113, set out as a note under section 1342 of this title. Pub. L. 94–214, title III, § 301, Feb. 16, 1976, 90 Stat. 187, provided that: ‘‘Section 377 of the Agricultural Adjust- ment Act of 1938 [this section] shall not be applicable to the 1976 and 1977 crops of rice.’’ Page 682 TITLE 7—AGRICULTURE § 1378 1 So in original. Probably should read ‘‘subsection (c)’’. 2 So in original. The word ‘‘and’’ probably should not appear. Pub. L. 91–524, title VI, § 601(1), Nov. 30, 1970, 84 Stat. 1371, as amended by Pub. L. 93–86, § 1(19)(A), Aug. 10, 1973, 87 Stat. 233, provided that this section is inappli- cable to 1971 through 1977 crops of upland cotton. § 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 com- modity for any land from which the owner is displaced because of acquisition of the land for any purpose, other than for the continued pro- duction of allotted crops, by any Federal, State, or other agency having the right of eminent do- main shall be placed in an allotment pool and shall be available only for use in providing allot- ments for other farms owned by the owner so displaced. Upon application to the county com- mittee, 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 com- modity, 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 re- cently established for the farm acquired from the applicant and placed in the pool. During the period of eligibility for the making of allot- ments 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 con- sidered to have been fully planted. After such al- lotment is made under this section, the propor- tionate 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 allot- ments to have been planted on the farm to which allotment is made under this section. Ex- cept 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 dis- placed and that part from which he is not so dis- placed shall be considered as separate farms; and (2) an owner who voluntarily relinquishes pos- session of the land subsequent to its acquisition by an agency having the right of eminent do- main shall be considered as having been dis- placed because of such acquisition. The former owner of land acquired as described in this sub- section 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 occu- pancy of the former owner under the lease fol- lows immediately after his occupancy as owner: And provided further, That if a former owner has been displaced prior to April 9, 1960, and no al- lotment from the land owned by such former owner has been transferred from the allotment pool and such former owner leases the land for- merly owned by him prior to two years from April 9, 1960, such allotment shall be retrans- ferred from the pool to such land and the occu- pancy of such former owner under the lease for the purposes of this subsection shall be deemed to have begun immediately after his displace- ment 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 coun- ty having allotments for such commodity on the basis of the past acreage of the commodity, land, labor, equipment available for the produc- tion of the commodity, crop rotation practices, and soil and other physical facilities affecting the production of the commodity; and the allot- ment reapportioned shall, for purposes of estab- lishing future farm allotments, not be regarded as planted on the farm to which the allotment was transferred. (b) Circumstances precluding application of pro- visions The provisions of this section shall not be ap- plicable if (1) there is any marketing quota pen- alty due with respect to the marketing of the commodity from the farm acquired by the Fed- eral, 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 re- quired 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 identifica- tion of the commodity produced on or marketed from such farm or due to a false acreage report. (c) Time of displacement determining applica- tion of provisions This section shall not be applicable, in the case of and 2 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 cen- tum of the total cropland on the farm, the allot- ment 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 Pub. L. 85–835, title V, § 501, Aug. 28, 1958, 72 Stat. 995; amended Pub. L. 86–423, § 1, Apr. 9, 1960, 74 Stat. 41; Pub. L. 87–33, May 16, 1961, 75 Stat. 78; Pub. L. 91–524, title IV, § 404(3), title VI, § 605(1), Nov. 30, 1970, 84 Stat. 1366, 1378; Pub. L. 92–10, § 2, Apr. 14, 1971, 85 Stat. 27; Pub. L. 92–354, July 26, 1972, 86 Stat. 499; Pub. L. 107–171, title I, § 1309(h)(4), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(l), Oct. 22, 2004, 118 Stat. 1523.)