Page:United States Statutes at Large Volume 122.djvu/1738

 12 2 STA T . 1 7 1 5PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 theproduc t i o n o fs u ga rcane fro mw hich is produced sugar for human consumption .‘ ‘ (B)EXCLUSION . —T he term ‘seed ’ does not inc l ude seed of a high - fi b er cane v ariet y dedicated to other uses , as determined by the S ecretary’’ ( 4 ) in paragraph ( 3 ) (as so redesignated)— ( A ) in the first sentence— (i) by stri k ing ‘‘paragraph ( 1 )’’ and inserting ‘‘para- graph ( 2 )’’; and (ii) by inserting ‘‘sugar produced from’’ after ‘‘ q uantity of’’; and (B) in the second sentence, by striking ‘‘paragraph ( 7 )’’ and inserting ‘‘paragraph ( 8 )’’; ( 5 ) in the first sentence of paragraph ( 6 )( C ) (as so redesig- nated), by inserting ‘‘for sugar’’ before ‘‘in e x cess of the farm’s proportionate share’’; and (6) in paragraph (8) (as so redesignated), by inserting ‘‘sugar from’’ after ‘‘the amount of’’. (g) S PE CI A L R ULES.—Section 35 9 g of the Agricultural Ad j ust- ment Act of 1938 (7 U .S.C. 1359gg) is amended— (1) by striking subsection (a) and inserting the following

‘‘(a) T R ANS F ER OF ACREA G E BASE 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 converted 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 Notif i ca tio n.T i mep e r io d . D ead l ine.

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