Page:United States Statutes at Large Volume 97.djvu/1165

 PUBLIC LAW 98-180—NOV. 29, 1983 97 STAT. 1133 period must be at least equal to the total reduction required by the contract. Prior to approving such payment, the Secretary shall require evidence that such reduction in marketings has taken place. As part of such evidence, the producer shall certify, in a form specified by the Secretary, that such reduction is a net decrease in marketings of milk for commercial usc and has not been offset by expansion of production in other production facilities in which the producer has an interest, or by transfer of partial interest in the production facility, or by employment of such other scheme or device to qualify for payment for which such producer would otherwise not be eligible. "(ii) Payments made under this paragraph during the con- tract period shall be considered preliminary settlements for reductions in marketings. A final settlement shall be made following the end of the contract period and shall be based on the volume of marketings for the entire contract period. If, based on total marketings for the contract period, it is determined that preliminary settlements have resulted in over- payments to the producer, the Secretary shall recover such overpayments from such producer. "(K) Application for payment shall be made by producers through the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act. "(L) A producer may assign a contract entered into under this paragraph only if— "(i) the producer's interest in the entire milk production facility and the entire dairy herd used by the producer to produce milk for commercial marketings have been trans- ferred as a unit to the person to whom the assignment is to be made; "(ii) the assignee is a person to whom the producer's marketing history may be transferred under subparagraph (H); "(iii) the producer and the assignee agree in writing that the assignee shall succeed to all rights and liabilities of the producer under the contract; and "(iv) a copy of such writing is submitted to the Secretary before the transfer occurs. "(M) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned, in accordance with subparagraph (L), by the estate of such producer. "(N) If the provisions for reductions in the price received for milk marketed for commercial usc as provided for in paragraph (2) are held to be invalid by any court, or the Secretary is restrained or enjoined by any court from implementing such provisions, the Secretary shall immediately suspend making any diversion payments under this paragraph for the period beginning with the date of such court action and shall resume making such payments only if such court action is overruled, stayed, or terminated. "(O) If the Secretary determines that there has been a marked deviation in the composition of milk marketed for commercial usc by a producer from that of such producer's marketings during the marketing history period, an adjustment as determined appropriate by the Secretary shall be made in Certification of reduction. Settlement. Overpayment recovery. 16 USC 590h. Contract assignment. Payment suspension. Payment adjustment.

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