Page:United States Statutes at Large Volume 116 Part 1.djvu/218

 116 STAT. 192 PUBLIC LAW 107-171—MAY 13, 2002 "(ii) the ability of processors to market sugar covered by that portion of the allotment allocated for the crop year; and "(iii) past processings of sugar from sugarcane, based on the average of the 3 highest years of production during the 1996 through 2000 crop years. "(C) TALISMAN PROCESSING FACILITY. — In the case of allotments under subparagraph (B) attributable to the operations of the Talisman processing facility before the date of enactment of this subparagraph, the Secretary shall allocate the allotment among processors in the State under subparagraph (A) in accordance with the agreements of March 25 and 26, 1999, between the affected processors and the Secretary of the Interior. "(D) PROPORTIONATE SHARE STATES.— In the case of States subject to section 359f(c), the Secretary shall allocate the allotment for cane sugar among multiple cane sugar processors in a single State based on— "(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from among the 1997 through 2001 crop years; "(ii) the ability of processors to market sugar covered by that portion of the allotments allocated for the crop year; and "(iii) past processings of sugar from sugarcane, based on the average of the 2 highest crop years of crop production during the 1997 through 2001 crop years. "(E) NEW ENTRANTS. — " (i) IN GENERAL.— Notwithstanding subparagraphs (B) and (D), the Secretary, on application of any processor that begins processing sugarcane on or after the date of enactment of this subparagraph, and after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, may provide the processor with an allocation that provides a fair, efficient and equitable distribution of the allocations from the allotment for the State in which the processor is located. "(ii) PROPORTIONATE SHARE STATES.— In the case of proportionate share States, the Secretary shall establish proportionate shares in a quantity sufficient to produce the sugarcane required to satisfy the allocations. "(iii) LIMITATIONS.— The allotment for a new processor under this subparagraph shall not exceed— "(I) in the case of the first crop year of operation of a new processor, 50,000 short tons (raw value); and "(II) in the case of each subsequent crop year of operation of the new processor, a quantity established by the Secretary in accordance with this subparagraph and the criteria described in subparagraph (B) or (D), as applicable. " (iv) NEW ENTRANT STATES.— " (I) IN GENERAL.— Notwithstanding subparagraphs (A) and (C) of section 359c(e)(3), to

�