Page:United States Statutes at Large Volume 90 Part 1.djvu/236

 90 STAT. 186

Regulations.

16 USC 590h.

'Payments."

Rules and regulations.

PUBLIC LAW 94-214—FEB. 16, 1976 which the operator of the farm agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary may, by mutual agreement with the cooperators on the farm, terminate or modify any such agreement entered into pursuant to this subsection if he determines such action necessary because of any emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of rice. "(8) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers including provision for sharing, on a fair and equitable basis, in payments under this subsection. " (9) In the case in which the failure of a cooperator to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default. "(10) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this subsection. " (11) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. "(12) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall apply to payments under this subsection. " (13) Notwithstanding any other provision of law— " (A) The total amount of payments which a person shall be entitled to receive during a crop year under the rice program shall not exceed $55,000. "(B) The term 'payments' as used in this paragraph shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation. "(C) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such persons will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines Avill be fair and reasonable in relation to the amount of the payment reduction. "(D) The Secretary shall issue regulations defining the term 'person' and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this paragraph which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.". SUSPENSION OF MARKETING QUOTAS AND OTHER PROVISIONS

7 USC 1353 note. SEC. 103. Sections 353, 354, 355, and 356 of the Agricultural Adjust7 USC 1353, ment Act of 1938 shall not be applicable to the 1976 and 1977 crops 1354, 1355, of rice. 1356.

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