Page:United States Statutes at Large Volume 116 Part 1.djvu/227

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 201 "(B) INCREASED ALLOCATION FOR PROCESSING COM- PANY. —The Secretary may increase the allocation to the processing company to which the growers elect to deliver the sugarcane, with the approval of the processing company, to a level that does not exceed the processing capacity of the processing company, to accommodate the change in deliveries. "(C) DECREASED ALLOCATION FOR CLOSED COMPANY. — The increased allocation shall be deducted from the allocation to the company that owned the processing facility that has been closed and the remaining allocation shall be unaffected. "(D) TIMING. —The determinations of the Secretary on Deadline, the issues raised by the petition shall be made within 60 days after the filing of the petition. "SEC. 359g. SPECIAL RULES. 7 USC 1359gg. "(a) TRANSFER OF ACREAGE BASE HISTORY. — For the purpose of establishing proportionate shares for sugarcane farms under section 359f(c), the Secretary, on application of any producer, with the written consent of all owners of a farm, may transfer the acreage base history of the farm to any other parcels of land of the applicant. "(b) PRESERVATION OF ACREAGE BASE HISTORY. —If for reasons beyond the control of a producer on a farm, the producer is unable to harvest an acreage of sugarcane for sugar or seed with respect to all or a portion of the proportionate share established for the farm under section 359f(c), the Secretary, on the application of the producer and with the written consent of all owners of the farm, may preserve for a period of not more than 5 consecutive years the acreage base history of the farm to the extent of the proportionate share involved. The Secretary may permit the proportionate share to be redistributed to other farms, but no acreage base history for purposes of establishing acreage bases shall accrue to the other farms by virtue of the redistribution of the proportionate share. " (c) REVISIONS OF ALLOCATIONS AND PROPORTIONATE SHARES.— The Secretary, after such 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 or adjusted for a farm under section 359flc), on the same basis as the initial allocation or proportionate share was required to be established. "(d) TRANSFERS OF MILL ALLOCATIONS.— "(1) TRANSFER AUTHORIZED. — A producer in a proportionate share State, upon written consent from all crop-share owners (or the representative of the crop-share owners) of a farm, and from the processing company holding the applicable allocation for such shares, may deliver sugarcane to another processing company if the additional delivery, when combined with such other processing company's existing deliveries, does not exceed the processing capacity of the company. "(2) ALLOCATION ADJUSTMENT. — Notwithstanding section 359d, the Secretary shall adjust the allocations of each of such processing companies affected by a transfer under paragraph (1) to reflect the change in deliveries, based on the product of—

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