Page:United States Statutes at Large Volume 96 Part 1.djvu/252

 96 STAT. 210

PUBLIC LAW 97-218—JULY 20, 1982 MANDATORY SALE OF CERTAIN BURLEY TOBACCO ACREAGE ALLOTMENTS AND MARKETING QUOTAS HELD BEFORE ENACTMENT

Ante, p. 205.

SEC. 302. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is amended by adding after section 316A (as added by section 202 of this Act), a new section 316B, as follows: " M A N D A TO R Y S A L E OF CERTAIN BURLEY TOBACCO ACREAGE

ALLOTMENTS AND MARKETING QUOTAS 7 USC 1314b-2.

Noncompliance, penalty.

Review.

7 USC 1363.

"SEC. 316B. (a) Any person (including, but not limited to, any governmental entity, public utility, educational institution, or rehgious institution, but not including any individual) which, on or after the date of the enactment of this section— "(1) owns a farm for which a Burley tobacco marketing quota is established under this Act; and "(2) is not significantly involved in the management or use of land for agricultural purposes; shall sell, not later than December 1, 1983, or December 1 of the year after the year in which the farm is acquired, whichever is later, such quota to an active Burley tobacco producer or any person who intends to become an active Burley tobacco producer, as defined by the Secretary, for use on another farm in the same county or shall forfeit such quota under the procedure specified in subsection (b). "(b)(1) If, after notice and an opportunity for a hearing, the county committee of the county referred to in subsection (a) determines that any person knowingly failed to comply with such subsection, then the quota specified in such subsection shall be forfeited and shall be reallocated by such county committee to other active Burley tobacco producers or those intending to become active Burley tobacco producers as defined by the Secretary, for use in such county. "(2) Notice of such determination shall be mailed, as soon as practicable, to such person. If such person is dissatisfied with such determination, then such person may request, within fifteen days after notice of such determination is so mailed, a review of such determination by a local review committee under section 363 of this Act. "(c)(1) Any person who— "(A) acquires any Burley tobacco marketing quota by purchase under subsection (a) of this section; and "(B) with respect to any crop of Burley tobacco planted after the date of such acquisition, fails for the five-year period immediately subsequent to the year of such acquisition to share in the risk of producing Burley tobacco under such allotment or quota in the manner specified in paragraph (2) of this subsection; shall sell such quota before the expiration of the eighteen-month period beginning on July 1 of the year in which such crop is planted, or such quota shall be subject to forfeiture under the procedures specified in paragraph (3) of this subsection. "(2) For purposes of this subsection, a person shall be considered to have shared in the risk of producing a crop of Burley tobacco if— "(A) the investment of such person in the production of such crop is not less than 20 per centum of the proceeds of the sale of such crop; "(B) the amount of such person's return on such investment is dependent solely on the sale price of such crop; and

�