Page:United States Statutes at Large Volume 102 Part 1.djvu/986

 102 STAT. 948

PUBLIC LAW 100-387—AUG. 11, 1988

SEC. 304. TOBACCO AND PEANUTS. (a) TRANSFER AUTHORITY.—(1) Section 319 of the Agricultural

Contracts.

Contracts.

7 USC I3l4e note.

Adjustment Act of 1938 (7 U.S.C. 1314e) is amended by adding at the end thereof the following new subsection: "(k)(1) Notwithstanding any other provision of this section, the Secretary may permit, after July 1 of any crop year, the lease and transfer of burley tobacco quota assigned to a farm if— "(A) the planted acreage of burley tobacco on the farm to which the quota is assigned is determined by the Secretary to be sufficient to produce the effective farm marketing quota under average conditions; and "(B) the farm's expected production of burley tobacco is less than 80 percent of the farm's effective marketing quota as a result of a natural disaster condition. "(2) Any lease and transfer of quota under this subsection may be made to any other farm within the same State in accordance with regulations issued by the Secretary.". (2) Section 358a(k)(l) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358a(k)(l)), as effective for the 1986 through 1990 crops of peanuts, is amended by adding at the end thereof the following: "In the case of a fall transfer or a transfer after the normal planting season by a cash lessee, the landowner shall not be required to sign the transfer authorization. A fall transfer or transfer after the normal planting season may be made not later than 72 hours after the peanuts that are the subject of the transfer are inspected and graded.". (b) QuoTA ADJUSTMENT.—Notwithstanding any other provision of law, if a producer has produced burley tobacco in 1988 in an amount less than the producer's farm marketing quota for 1988 due to natural disaster, the Secretary may adjust the producer's burley tobacco farm marketing quota for the 1989 crop, as established under section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314(e)), by adding the accumulated undermarketings of the basic quota for 1988 crop, including undermarketings of leased quota, to the producer's basic quota for the 1989 crop, except that such adjustment may not exceed 125 percent of the producer s basic quota.".

Subtitle B—Disaster Credit and Forbearance 7 USC 1961 note. SEC. 311. EMERGENCY LOANS.

Section 321(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981(b)) shall not apply to a person who otherwise would be eligible for an emergency loan under subtitle C of such Act (subject to the person's compliance with the requirements of section 207 of this Act), if such eligibility is the result of damage to an annual crop planted for harvest in 1988. 7 USC 1941 note.

SEC. 312.1989 FARM OPERATING LOANS. (a) DIRECT CREDIT.—To the maximum extent practicable, the Sec-

retary of Agriculture shall ensure that direct operating loans made or insured under subtitle B of the Consolidated Farm and Rural Development Act for 1989 crop production are made available to farmers and ranchers suffering major losses due to drought, hail, excessive moisture, or related condition in 1988, as authorized under

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