299 



tion 1335(f) of Title 7, prior to its repeal by the 

 Pood and Agriculture Act of 1962, in excess of the 

 fanall farm base acreage for wheat established 

 under section 1335 of Title 7, may be taken into 

 consideration in establishing the feed grain base 

 acreage for the farm. The Secretary may make 

 such adjustments in acreage as he determines 

 necessary to correct for abnormal factors affect- 

 ing production, and to give due consideration to 

 tillable acreage, crop-rotation practices, types of 

 soil, soil and water conservation measures, and 

 topography. Notwithstanding any other pro- 

 vision of this subsection (i)(l), the Secretary 

 may, upon unanimous request of the State com- 

 mittee established pursuant to section 590h(b) of 

 this title, adjust the feed grain bases for farms 

 within any State or county to the extent he 

 determines such adjustment to be necessary in 

 order to establish fair and equitable feed grain 

 bases for farms within such State or county. 

 The Secretary may make not to exceed 50 per 

 centum of any payments to producers in advance 

 of determination of performance. Notwith- 

 standing any other provision of this subsection, 

 barley shall not be included In the program for 

 a producer of malting barley exempted pursua)»t 

 to section 105(e) of the Agricultural Act of 1949, 

 who participates only with resp)ect to corn and 

 grain sorghums and does not knowingly devote 

 an acreage on the farm to barley in excess of 

 110 per centum of the average acreage devoted 

 on the farm to barley in 1959 and 1960. 



(2) Notwithstanding any other provision of 

 this subsection, not to exceed 1 per centum of 

 the estimated total feed grain base for all farms 

 In a State for any year may be reserved from 

 the feed grain bases established for farms in the 

 State for appKjrtionment to farms on which there 

 were no acreages devoted to feed grains in the 

 crop years 1959 and 1960 on the basis of the fol- 

 lowing factors: Suitability of the land for the 

 production of feed grains, the past experience of 

 the farm operator in the production of feed 

 grains, the extent to which the farm operator Is 

 dependent on Income from farming for his live- 

 lihood, the production of feed grains on other 

 farms owned, operated, or controlled by the farm 

 operator, and such other factors as the Secretary 

 determines shoud be considered for the purpose 

 of establishing fair and equitable feed grain 

 bases. An acreage equal to the feed grain base 

 so established for each farm shall be deemed to 

 have been devoted to feed grains on the farm in 

 each of the crop years 1959 and 1960 for purposes 

 of this subsection except that producers on such 

 farm shall not be eligible for conservation pay- 

 ments for the first year for which the feed grain 

 base is established. 



(3) There are hereby authorized to be appro- 

 priated such amounts as may be necessary to 

 enable the Secretary to carry out this subsection 

 (I). 



(4) The Secretary shall provide by regulations 

 for the sharing of payments under this subsec- 

 tion among producers on the farm on a fair and 



equitable basis and in keeping with existing 

 contracts. 



(5) Payments in kind shall be made through 

 the issuance of negotiable certificates which the 

 Commodity Credit Corporation shall redeem for 

 feed grains in accordance with regulations pre- 

 scribed by the Secretary and, notwithstanding 

 any other provision of law, the Commodity 

 Credit Corporation shall, in accordance with 

 regulations prescribed by the Secretary, assist 

 the producer in the marketing of such certifi- 

 cates. Peed grains with which Commodity Credit 

 Corporation redeems certificates pursuant to this 

 paragraph shall be valued at not less than the 

 current support price made available through 

 loans and purchases, plus reasonable carrying 

 charges. 



(6) Notwithstanding any other provision of 

 law, the Secretary may, by mutual agreement 

 with the producer, terminate or modify any 

 agreement previously entered into pursuant to 

 this subsection if he determines such action 

 necessary because of an emergency created by 

 drought or other disaster, or in order to prevent 

 or alleviate a shortage in the supply of feed 

 grains. 



(Apr. 27. 1935. ch. 85, § 16. as added Feb. 29. 1936. 

 ch. 104. § 1. 49 Stat. 1151. and amended Aug. 7. 1956, 

 ch. 1030. § 1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 

 86-793, § 1, 74 Stat. 1030: Mar. 22. 1961. Pub. L. 87- 

 5. § 2. 75 Stat. 6; Aug. 8. 1961. Pub. L. 87-128. title I. 

 § 132. title IV. § 401. 75 Stat. 302, 319; Mar. 30. 1962, 

 Pub. L. 87-425. f 2. 76 Stat. 50: May 15. 1962. Pub. 

 L. 87-451, § 4, 76 Stat. 70; Sept. 27. 1962. Pub. L. 87- 

 703. title I. § 101 (4). (5), title III. §302. 76 Stat. 

 606, 612; May 20, 1963, Pub. L. 88-26, § 3, 77 Stat. 

 45.) Nov. 3, 1965, Pub. L. 89-321, title in, § 302, title 

 VI, I 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. 

 L. 90-559, § 1(1), 82 Stat. 996: Nov. 18, 1969. Pub. L. 

 91-118, §§ 1-3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 

 91-524, title Vin, § 801, 84 Stat. 1379.) 

 Amendments 



1970 — Subsec. (e)(1). Pub L 91-524. 5 801 ( 1 )-(5) . 

 designated existing provisions as subpar (A) . and. In such 

 subpar. (A) as so designated, added provisions covering 

 assistance to retired farmers to the enumerated pur- 

 poses. Inserted provisions limiting to calendar years 1971. 

 1972. and 1973 the Secretary's authority to enter Into 

 agreements, substituted provisions requiring that agree- 

 ments entered Into after July 1, 1970. prohibit grazing 

 on the acreage for provisions prohibiting annual pay- 

 ments for periods In excess of five years under agreements 

 which provide for the establishment of the tree cover, 

 and added subpar. (B). 



Subsec. (e)(2). Pub. L. 91-524, §801(6). authorized 

 producers to place farms In the program If the farm was 

 acquired by the producer to replace an eligible farm from 

 which he was displaced through the exercise of the right 

 of amlnent domain. 



Subsec. (e)(3). Pub. L. 91-524. $801(12). Inserted 

 "farming opportunities and" preceding "Interests of ten- 

 ants and sharecroppers". 



Subsec. (e) (4) Pub. L. 91-524. ; 801 (7) . authorized the 

 termination of agreements by mutual agreement with the 

 producer If the Secretary determines that such termina- 

 tion would be In the public Interest. 



Subsec. (e) (5). Pub. L. 91-524. i 801(8), authorized the 

 Secretary to use an advertlslng-and-bld procedure In de- 

 termining the lands In any area to be covered by agree- 

 ments and added provision for a percentage limitation on 

 the total acreage placed under agreement In any county or 



