Page:United States Statutes at Large Volume 79.djvu/1241

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1201

wheat has been planted, or is considered to have been planted, for harvest as grain m any one of the three years immediately preceding the year for which allotments are determined on the basis of past acreage of wheat and the farm acreage allotment for the year immediately preceding the year for which the allotment is bein^ established, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allotment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downw^ard to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allotment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year immediately preceding the year for which such reduction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i), any farm on which the entire amount of farm marketing excess is delivered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allotment for the immediately preceding year by 7 per centum; and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equitable treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he determines to be necessary to provide fair and equitable treatment to such producers." Repeal (6) Subsection (d) of section 334 is repealed, 39. (7) Subsection (g) of section 334 is amended by striking out the 74 uStat. 1334. 7 se language "except as prescribed in the provisos to the first sentence of 71 Stat. 477; subsections (a) and (b), respectively, of this section" in the first 72 Stat. 180; 76 Stat. 1520. sentence, (8) Section 335 is amended by adding at the end thereof the follow- 76 Stat. 621, i n g: "This section shall not be applicable to the crops planted for 7 USC 1335. harvest in 1967 and subsequent years." (9) Section 339(b) is amended (1) by striking out "1964 and 1965 7 USC 1339. crops of wheat" and substituting "crops of wheat planted for harvest in the calendar years 1964 through 1969"; and, (2) by striking out of the third sentence "20 per centum of the farm acreage allotment" and "fifteen acres" and substituting "50 per centum of the farm acreage allotment" and "twenty-five acres", respectively. (10) Section 339(e) is amended to read as follows: " (e) The Secre- Diverted tary may permit all or any part of the diverted acreage to be devoted a c r e a g e. to the production of guar, sesame, safiiower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost of the price-support program and will not adversely affect farm income, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall

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