Page:United States Statutes at Large Volume 122.djvu/1010

 12 2 STA T .987PUBLIC LA W 11 0– 2 34—M A Y 22, 2008 (5)inthef i rs t senten c e o f pa ra g raph ( 6 )( C )(assore d esig - nated) ,by inserting ‘ ‘for s u gar ’ ’ before ‘‘in e x cess of the far m ’s proportionate share’’ and (6) in paragraph ( 8 ) (as so redesignated), by inserting ‘‘sugar from’’ after ‘‘the amount of’’ . (g) SPECIALRU LE S . — Section 3 5 9 gofthe A gricu l tural Ad j ust- ment Act of 1 938 ( 7U .S.C. 1359gg) is amended— (1) by stri k ing subsection (a) and inserting the follo w ing

‘‘(a) TR A N S F ER O F ACREA G E B ASE H IS T OR Y .— ‘‘(1) TRANSFER AUT H ORI Z E D .— F or the purpose of estab- lishing 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. ‘‘( 2 ) CON V ERTED ACREAGE B ASE.— ‘‘(A) I N GENERAL.—Sugarcane acreage base established under section 359f(c) that has been or is con v erted to nonagricultural use on or after M ay13,2 0 02, may be transferred to other land suitable for the production of sugarcane that can be delivered to a processor in a propor- tionate share State in accordance with this paragraph. ‘‘(B) N OTIFICATION.—Not later than 90 days after the Secretary becomes aware of a conversion of any sugarcane acreage base to a nonagricultural use, the Secretary shall notify the 1 or more affected landowners of the transfer- ability of the applicable sugarcane acreage base. ‘‘(C) INITIAL TRANSFER PERIOD.—The owner of the base attributable to the acreage at the time of the conversion shall be afforded 90 days from the date of the receipt of the notification under subparagraph (B) to transfer the base to 1 or more farms owned by the owner. ‘‘( D ) G RO W ER OF RECORD.—If a transfer under subpara- graph (C) cannot be accomplished during the period speci- fied in that subparagraph, the grower of record with regard to the acreage base on the date on which the acreage was converted to nonagricultural use shall— ‘‘(i) be notified; and ‘‘(ii) have 90 days from the date of the receipt of the notification to transfer the base to 1 or more farms operated by the grower. ‘‘( E ) P OOL DISTRIBUTION.— ‘‘(i) IN GENERAL.—If transfers under subpara- graphs (B) and (C) cannot be accomplished during the periods specified in those subparagraphs, the county committee of the Farm Service Agency for the applicable county shall place the acreage base in a pool for possible assignment to other farms. ‘‘(ii) ACCEPTANCE OF RE Q UESTS.—After providing reasonable notice to farm owners, operators, and growers of record in the county, the county committee shall accept re q uests from owners, operators, and growers of record in the county. ‘‘(iii) ASSIGN M ENT.—The county committee shall assign the acreage base to other farms in the county that are eligible and capable of accepting the acreage Notif i ca tio n.T i mep e r io d . D ead l ine.

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