Page:United States Statutes at Large Volume 115 Part 1.djvu/768

 115 STAT. 746 PUBLIC LAW 107-76—NOV. 28, 2001 part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year; by (2)(A) in the case of fire-cured tobacco (types 22 and 23), 2,601 pounds per acre; (B) in the case of dark air-cured tobacco (types 35 and 36), 2,337 pounds per acre; and (C) in the case of Virginia sun-cured tobacco (t)rpe 37), 1,512 pounds per acre. (d) AVAILABLE PAYMENT AMOUNTS.— In the case of each kind of eligible tobacco, the available payment amount for pounds of a payment quantity under subsection (c) shall be equal to 10 cents per pound. (e) DIVISION OF PAYMENTS AMONG ELIGIBLE PERSONS.— Pay- ments available with respect to a pound of payment quantity, as determined under subsection (d), shall be made available to eligible persons in accordance with this subsection. In the case of pa3anents made available in a State under this section for each kind of eligible tobacco, the Secretary shall distribute (as determined by the Secretary)— (1) 33 Vs percent of the payments to eligible persons that are owners described in subsection (a)(1)(A); (2) 33 Va percent of the payments to eligible persons that are controllers described in subsection (a)(1)(B); and (3) 33Va percent of the payments to eligible persons that are growers described in subsection (a)(1)(C). (f) STANDARDS. — In carrying out this section, the Secretary shall use, to the maximum extent practicable, the same standards for payments that were used for making payments under section 204(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106-224). (g) JUDICIAL REVIEW.— ^A determination by the Secretary under this section shall not be subject to judicial review. (h) REGULATIONS. —As soon as practicable after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this section. The promulgation of the regulations and administration of this section shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act"). (i) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out subsection (h), the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 775. The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) is amended: (1) in subsection (b)(3) by adding at the end the following: "(G) Grants may be awarded to improve research capabilities in States (as defined in the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended) in which institutions have been less successful

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