Page:United States Statutes at Large Volume 104 Part 5.djvu/164

 104 STAT. 3486 PUBLIC LAW 101-624—NOV. 28, 1990 "(5) VIOLATION. — "(A) IN GENERAL.—Whenever proportionate shares are in effect in a State for a crop of sugarcane, no producer in the State knowingly may harvest for sugar or seed an acreage of sugarcane of the crop in excess of the farm's proportionate share for the crop or otherwise violate proportionate share regulations issued by the Secretary under section 359h(a). "(B) CIVIL PENALTY. —Any producer who violates subparagraph (A) shall be liable to the Commodity Credit Corporation for a civil penalty in an amount equal to 3 times the United States market value, at the time of the commission of the violation, of that quantity of sugar involved in the violation. The quantity of sugar involved shall be determined based on the per-acre yield goal established under paragraph (3). "(6) WAIVER. —Notwithstanding the preceding subparagraph, the Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) to waive or modify deadlines and other proportionate share requirements in cases in which lateness or failure to meet the other requirements does not affect adversely the operation of proportionate shares. 7 USC 1359gg. "SEC. 359g. SPECIAL RULES. "(a) TRANSFER OF PRODUCTION HISTORY. —For the purpose of establishing proportionate shares for producers under section 359f, the Secretary, on application of giny producer, may transfer the production history of land owned, operated, or controlled by the producers to any other parcels of land of the applicant. "(b) RESERVATION OF PRODUCTION HISTORY. — If for reasons beyond the control of an owner of a farm, the owner is unable to use all or a portion of the proportionate share established for the farm under section 359f, the Secretary may reserve for a period of not more than 3 consecutive years the production history of the farm to the extent of the proportionate share involved. The proportionate share may be redistributed to other farm owners or operators, but no production history shall accrue to the other farm owners or operators, by virtue of the redistribution of the proportionate share so redistributed. "(c) REVISIONS OF ALLOCATIONS AND PROPORTIONATE SHARES.— The Secretary, after such hearing and notice as the Secretary by regulation may prescribe, may revise or amend any allocation of a marketing allotment under section 359d, or any proportionate share established for a farm under section 359f, on the same basis as the initial allocation or proportionate share was established. 7 USC 1359hh. "SEC. 359h. REGULATIONS; VIOLATIONS; PUBLICATION OF SECRETARY'S DETERMINATIONS; JURISDICTION OF THE COURTS; UNITED STATES ATTORNEYS. "(a) REGULATIONS. — "(1) IN GENERAL. —The Secretary shall issue such regulations as may be necessary to carry out the authority vested in the Secretary in administering the marketing allotment program under this part. "(2) PRIOR CONSULTATIONS REQUIRED. — In addition to taking such other action as may be required under section 551 through 559 of title 5, United States Code, prior to proposing giny regula-

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