Page:United States Statutes at Large Volume 96 Part 1.djvu/244

 96 STAT. 202

Lease or transfer, filing with county committee.

PUBLIC LAW 97-218—JULY 20, 1982 (3) inserting "Flue-cured," after "Burley,"; (4) inserting a comma before "to lease"; (5) adding at the end thereof the following new paragraph: "(2)(A) No legise of any Flue-cured tobacco allotment or quota assigned to a farm may be filed under subsection (c) of this section after June 15 of the crop year specified in such lease, except that the Secretary may allow a lease to be so filed after June 15 of such crop year if the Secretary determines that, as a result of flood, hail, wind, tornado, or other natural disaster— "(i) the county in which such farm is located has suffered a loss of not less than 10 per centum of the acreage of Flue-cured tobacco planted for harvest in such crop year; "(ii) the lessor involved has suffered a loss of not less than 10 per centum of the acreage of Flue-cured tobacco planted for harvest on such farm in such crop year; and "(iii) such lease will not impair the effective operation of the tobacco marketing quota or price support program. If the Secretary makes such determination, then the Secretary may permit the lessor to lease all or any part of such allotment or quota to any other owner or operator of a farm in the same county or in an adjoining county within the same State for use in such county on a farm having a current Flue-cured tobacco allotment or quota. If permitted, such lease and transfer shall not be effective until a copy of such lease and a written statement described in subsection (c) of this section are filed with and determined by the county committee of such county to be in compliance with the provisions of this section. "(B) No agreement or arrangement may be made in connection with the making of any lease with respect to any Flue-cured tobacco allotment or quota under paragraph (1) of this subsection except— "(i) between the lessor and lessee; or "(ii) between the lessor or lessee and any attorney, trustee, bank, or other agent or representative, who regularly represents the lessor or lessee, as the case may be, in business transactions unrelated to the production or marketing of tobacco. "(C) No sublease or other transfer of such allotment or quota may be made by such lessee during the period of such lease."; and (6) amending the section heading for such section to read as follows: LEASE OR SALE OF ACREAGE ALLOTMENTS.

Lease or transfer, filing with county committee.

(b) Section 316(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(c)) is amended by— (1) in the first sentence— (A) inserting "or sale and transfer" after "lease and transfer"; and (B) striking out "such lease" and inserting in lieu thereof "the lease or sale agreement, as the case may be,"; (2) striking out the second sentence and inserting in lieu thereof the following: "In the case of a lease and transfer of any Flue-cured tobacco allotment or quota for use with respect to any crop, such lease shall not be effective until, in addition to a copy of such lease, the lessor and lessee involved each file with such county committee a written statement certifying such compliance. If, after notice and an opportunity for a hearing.

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