The text of the bill below is as of Feb 16, 1976 (Passed Congress).
You are reading a bill enacted 17,385 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 94-214—FEB. 16, 1976 90 STAT. 181
Public Law 94-214
94th Congress
An Act
To establish improved programs for tlie benefit of producers and consumers of reb- lo> 1^76
rice. [H.R. 8529]
Be it enacted hy the SeTiate and House of Representatives of the
United States of America in Congress assenibled, Rice Production
Act of 1975.
SHORT TITLE
SECTION 1. This Act may be cited as the "Rice Production Act of 7 USC 428c note.
1976".
TITLE I—RICE ALLOTMENTS AND PRICE SUPPORT '- "' '•
NATIONAL ACREAGE ALLOTMENT AND ALLOCATION
SEC. 101. Effective for the 1976 and 1977 crops of rice, section 352 7 USC 1352 note.
of the Agricultural Adjustment Act of 1938 is amended to read as 7 USC 1352.
follows:
"SEC. 352. (a) The Secretary shall establish for each of the 1976 and
1977 crops of rice a national acreage allotment in the amount of one
million eight hundred thousand acres.
"(b) The national acreage allotment for each such crop of rice
shall be apportioned by the Secretary to farms, and in producer
States and administrative areas, to producers on the basis of the rice
allotments established for the 1975 crop as adjusted in accordance with
subsection (c) of this section: Provided^ That not to exceed 1 per
centum of the national acreage allotment apportioned within each
State may be reserved by the State committee for (1) apportionment
to new rice farms and new rice producers on the basis of the following
factors: suitability of the land for the production of rice, the extent
to which the farm operator (or produced in the case of a producer
allotment) is dependent on income from farming for his livelihood,
the production of rice on other farms owned, operated, or controlled
by such person, and such other factors as the State committee deter-
mines should be considered for the purpose of establishing fair and
equitable rice allotments; (2) making adjustments in farm allotments
to correct inequities or to prevent hardship; and (3) making correc-
tions in farm or producer allotments.
"(c) (1) If for any crop the total acreage planted to rice on a farm
is less than the rice allotment for the farm (or in producer adminis-
trative areas, the producer allotments allocated to the farm), the farm
or producer allotment used as a base for the succeeding crop shall be
reduced by the percentage by which such planted acreage was less than
the allotment for the farm, but such reduction shall not exceed 20
per centum of the farm or producer allotment for the preceding crop;
except that if not less than 90 per centum of the farm acreage allot-
ment is planted to rice, the farm shall be considered to have an acreage
planted to rice equal to 100 per centum of such allotment. For purposes
of this paragraph, an acreage on the farm which the Secretary deter-
mines was not planted to rice because of drought, flood, other natural
disaster, or a condition beyond the control of the producer shall be
90 STAT. 182 PUBLIC LAW 94-214-FEB. 16, 1976
considered to be an acreage planted to rice. For the purpose of this
paragraph, the Secretary may permit producers of rice to have acre-
age devoted to soybeans, wheat, feed grains, sugar, castor beans, trit-
icale, oats, cotton, rye, or such other crops as the Secretary may deem
appropriate, considered as devoted to the production of rice to such
* extent and subject to such terms and conditions as the Secretary deter-
mines will not impair the effective operation of the rice program.
"(2) If no acreage is planted (or regarded as planted) to rice for
two consecutive crop years on any farm which had a farm acreage
allotment for such years or for any producer which had a producer
allotment for such years, such farm or producer shall lose it allotment.
"(3) Notwithstanding the provisions of paragraphs (1) and (2)
of this subsection, no farm or producer allotment shall be reduced or
^*"" lost through failure to plant, if the cooperator elects not to receive
payments for the portion of the farm or producer allotment not
planted to which he would otherwise be entitled under the provisions
7 use 1441. of section 101 (g) of the Agricultural Act of 1949.
"(d) Notwithstanding any other provision of this Act, if the Secre-
tary determines for any year that, because of drought, flood, other
natural disaster, or a condition beyond the control of the person
involved in the production of rice, none or only part of the acres of an
allotment can be timely planted or replanted by or for such person in
such year, the Secretary may authorize for such year the transfer
of the total number of such acres which are so affected to another farm
in the same or any nearby county, but within the same administrative
area, on which one or more persons on tlie farm from which the trans-
fer is made will be engaged in the production of rice and will share
in the proceeds thereof, in accordance with such regulations as the
Secretary may prescribe. Any allotment, or portion thereof, trans-
ferred under this subsection shall be regarded as planted to rice on the
farm from which the transfer is made for purposes of establishing
future farm allotments. For the purpose of determining the amount
of payments and loans made under section 101(g) of the Agricultural
Act of 1949 with regard to farms to which allotments, or portions
thereof, are transferred imder this subsection, the Secretary shall
establish a farm yield for any such farm for which there is no estab-
lished yield.
"(e) (1) The Secretary shall permit the owner and operator of any
/ farm for which a farm acreage allotment has been established to sell
or lease all or any part, or the right to all or any part of such allotment,
to any other owner or operator of a farm in the same administrative
area, or to transfer all or any part of such allotment to any other farm
owned or controlled by him in the same administrative area. The
Secretary shall also permit the person for whom a producer allotment
has been established to sell or lease all or any part of such allotment
to any other person in the same administrative area.
"(2) (A) If a producer in a State in which farm rice acreage allot-
ments are determined on the basis of past production of rice by the
producer on the farm dies, his history of rice production shall be
apportioned in the whole or in part among his heirs or devisees accord-
ing to the extent to which they may continue, or have continued, his
farming operations, if satisfactory proof of such succession of farming
operations is furnished the Secretary.
PUBLIC LAW 94-214—FEB. 16, 1976 90 STAT. 183
"(B) Upon dissolution of a partnership in a State in which farm
rice acreage allotments are determined on the basis of past production
of rice by the producer on the farm, the partnership's history of rice
production shall be divided among the partners in such proportion as
agreed upon in writing by the partners.
"(C) Any part of the farm rice acreage allotment on which rice
will not be planted and which is voluntarily surrendered to the county
committee shall be deducted from the allotment to such farm and may
be reapportioned by the county committee to other farms in the same
county in amounts determined by the county committee to be fair and
reasonable. Any allotment surrendered under this subparagraph shall
he regarded for purposes of this subsection as having been planted on
the farm from which it was surrendered.
"(f) Any acreage planted to rice in excess of the farm or producer
acreage allotment in the crop years 1976 and 1977 shall not be taken
into account in establishing farm, or producer acreage allotments in
any year following such period.". ~
PAYMENTS AND LOANS
SEC. 102. Effective for the 1976 and 1977 crops of rice, section 101 7 USC1441 note,
of the Agricultural Act of 1949 is amended by adding the following 7 USC 1441.
new subsection at the end thereof:
" (g) Notwithstanding any other provision of law—
"(1) The established price for the purpose of making payments on
rice under this subsection shall be $8 per hundredweight in the case
of the 1976 crop, adjusted to reflect any changes in the index of prices
paid by farmers for production items, interest, taxes, and wage rates
during the period beginning on the date of enactment of the Rice
Production Act of 1975, and ending July 31, 1976; for the 1977 crop
the established price shall be the established price for the 1976 crop
adjusted to reflect any changes in the index of prices paid by farmers ., ^
ior production items, interest, taxes, and wage rates during the twelve-
month period immediately preceding July 31, 1977: Provided, That
any increase that would otherwise be made in the established price
for the 1976 and 1977 crops to reflect a change in the index of prices
paid by farmers may be further adjusted to reflect any change in (i)
the national average yield per acre of rice for the three calendar
years preceding the year for which the determination is made, over
(ii) the national average yield per acre for the three calendar years
preceding the year previous to the one for which the determination
is made.
"(2) The Secretary shall make available, to cooperators in the
several States of the United States, loans and purchases on the 1976
crop of rice at a rate equal to $6 per hundredweight, adjusted to
reflect any changes in the index of prices paid by farmers for pro-
duction items, interest, taxes, and wage rates during the period begin-
ning on the date of enactment of the Rice Production Act of 1975 and ^
ending July 31,1976: Provided, That any increase in the rate of loans
and purchases for the 1976 crop to reflect a change in the index of ^
prices paid by farmers may be further adjusted to reflect the change
described in the proviso in paragraph (1) of this subsection. Loans
and purchases for the 1977 crop shall be established at such rate as
bears the same ratio to the loan rate for the 1976 crop as the established
price for the 1977 crop bears to the established price for the 1976
90 STAT. 184 PUBLIC LAW 94-214—FEB. 16, 1976
crops. The loans and purchases for the 1976 and 1977 crops shall be
made available to cooperators on a farm with respect to a quantity
of rice determined by multiplying the allotment by the yield estab-
lished for the farm, as determined in the manner described in the
second sentence of paragraph (4) of this subsection.
"(3) The Secretary shall make available to cooperators payments
for each of the 1976 and 1977 crops of rice grown in the several States
of the United States at a rate equal to the amount by which the estab-
lished price for the crop of rice exceeds the higher of—
"(A) the national average market price received by farmers
during the first five months of the marketing year for such crop,
as determined by the Secretary; or
"(B) the loan level determined under paragraph (2) for such
crop.
" (4) The payments for the 1976 and 1977 crops shall be made avail-
able to cooperators on a farm with respect to a quantity of rice
determined oy multiplying the allotment by the yield established for
the farm. The yield for the farm for any year shall be determined on
the basis of the actual yields per harvested acre for the three preceding
years: Provided^ That the actual yields shall be adjusted by the
Secretary for abnormal yields in any year caused by drought, flood,
other natural disaster, or condition beyond the control of the coopera-
tor. If the Secretary determines that the persons involved in producing
rice on a farm are prevented from planting all or any portion of the
acreage allotments of producers on the farm or farm acreage allotment
to rice or other nonconserving crop, because of droughts, flood, or
other natural disaster or condition beyond the control of the producer,
the rate of payment with regard to such acres so affected shall be the
larger of (A) the foregoing rate, or (B) one-third of the established
price, except that the Secretary shall make no payment pursuant to
this sentence on a farm from which acres were transferred under
7 use 1352. section 352(d) of the Agricultural Adjustment Act of 1938 with
respect to the transferred acreage. If the Secretary determines that,
because of such disaster or condition, the total quantity of rice which
the persons involved in producing rice are able to harvest on any farm
is less than 66% per centum of the acreage allotments of producers on
the farm or of the farm acreage allotment times the yield of rice estab-
lished for the farm, the rate of payment for the deficiency in production
below 100 per centum shall be the larger of (A) the foregoing rate,
or (B) one-third of the established price. Any payment made under
the previous two sentences with regard to acres transferred under
section 352(d) of the Agricultural Adjustment Act of 1938 shall be
calculated with respect to the farm yield established on the farm to
which such acres were transferred.
Set-aside of "(5) (A) The Secretary may provide for a set-aside of cropland for
cropland. a crop of rice if he estimates (without taking into consideration the
effect of a set-aside), that the carryover of rice for the marketing year
beginning in the calendar year immediately following the calendar
year in which such crop will be grown will exceed 15 per centum of
the total supply of rice for the marketing year beginning in the calen-
dar year in which such crop will be grown. The Secretary shall make
a preliminary determination prior to the beginning of the calendar
year in which such crop will be grown and a final determination not
later than April 1 of the calendar year in which such crop is grown
of whether a set-aside shall be in effect and, if so, the acreage of crop-
PUBLIC LAW 94-214—FEB. 16, 1976 90 STAT. 185
land required to be set aside. The determinations and estimates on Publication in
which thev are based shall be published in the Federal Eegister at Federal Register.
the time they are made. If a set-aside of cropland is in effect under
this paragraph then, as a condition of eligibility for payments, loans
and purchases under this subsection, the cooperators must set aside
and devote to conservation uses an acreage of cropland equal to (i)
such percentage of the farm acreage allotment as may be specified
by the Secretary (not to exceed 30 per centum of the farm acreage
allotment), plus, if required by the Secretary, (ii) the acreage of
cropland on the farm devoted in preceding years to soil conserving
uses, as determined by the Secretary, The Secretary shall permit
cooperators to plant and graze sweet sorghum on set-aside acreage. The
Secretary may permit, subject to such terms and conditions as he may
prescribe, all or any part of the set-aside acreage to be devoted to
hay and grazing or the production of guar, sesame, safflower, sunflower,
castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale,
oats, rye, or other commodity, if he determines that such production is
needed to provide an adequate supply of such commodities, is not
likely to increase the cost of the price support program, and will
not adversely affect farm income.
"(B) To assist in adjusting the acreage of rice to desirable goals, Land diversion
the Secretary may make land diversion payments, in addition to the payments,
payments authorized in paragraph (3) of this subsection, to cooper-
ators on a farm who, to the extent prescribed by the Secretary, devote
to approved conservation uses an acreage of cropland on the farm in
addition to that required to be devoted under subparagraph (A) of
this paragraph. The land diversion payments for a farm shall be at
such rate or rates as the Secretary determines to be fair and reasonable -^
taking into consideration the diversion undertaken by the cooperator
and the productivity of the acreage diverted. The Secretary shall limit
the total acreage to be diverted under agreements in any county or
local community so as not to adversely affect the economy oi the county
or local community.
"(6) The rice program formulated under this subsection shall
require the cooperators to take such measures as the Secretary may
deem appropriate to protect the set-aside acreage and the additional
diverted acreage from erosion, insects, weeds, and rodents. Such acre-
age may be devoted to wildlife food plots or wildlife habitat in
conformity with standards established by the Secretary in consulta- *•
tion w^ith wildlife agencies. The Secretary may pay an appropriate
share of the cost of practices designed to carry out the purposes of the
foregoing sentences. The Secretary may provide for an additional
payment on such acreage in the amount determined by the Secretary
to be appropriate in relation to the benefit to the general public if the
cooperator agrees to permit, without other compensation, access to all
or such portion of the farm as the Secretary may prescribe by the
general public, for hunting, trapping, fishing, and hiking, subject to
applicable State and Federal regulations.
"(7) If the operator of the farm desires to participate in the pro-
gram formulated under this subsection, he shall file his agreement to
do so no later than such date as the Secretary may prescribe. Payments
under this subsection shall be made available to cooperators on such
farm only if such cooperators set aside and devote to approved soil
conserving uses an acreage on the farm equal to the number of acres
90 STAT. 186 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 emer-
gency 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.
Regulations. "(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
16 use 590h. 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. -
'Payments." "(B) The term 'payments' as used in this paragraph shall not
include loans or purchases, or any part of any payment which is deter-
mined by the Secretary to represent compensation for resource adjust-
ment 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.
Rules and "(D) The Secretary shall issue regulations defining the term 'per-
regulations. son' 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 Secre-
tary. The rules for determining whether corporations and their stock-
holders 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 u s e 1353 note. SEC. 103. Sections 353, 354, 355, and 356 of the Agricultural Adjust-
7 u s e 1353, ment Act of 1938 shall not be applicable to the 1976 and 1977 crops
1354, 1355, of rice.
1356.
PUBLIC LAW 9 4 - 2 1 4 — F E B . 16, 1976 90 STAT. 187
TITLE II—EICE EESEARCH
SEC. 201. (a) T h e Secretary of Agriculture may, under rules pre- Rules.
scribed by such Secretar;^, carry out regional and national research 7 u s e 428c.
programs with regard to rice for the following purposes:
(1) to reduce fertilizer and herbicide usage in excess of pro-
duction needs;
(2) to develop varieties of rice more susceptible to complete
fertilizer utilization;
(3) to improve the resistance of rice plants to disease and to
enhance their conservation and environmental qualities;
(4^ to increase the usage of rice and its processing byproducts;
(5) to develop better husbandry practices in production and
conservation of rice;
(6) to develop more efficient rice storage practices;
(7) to improve domestic a n d international marketing of rice;
and
(8) to benefit the general welfare.
(b) T h e Secretary shall, in implementing the p r o g r a m authorized
in subsection ( a ) , utilize the technical and related services of appro-
p r i a t e Federal, State, local governmental, and private agencies, w i t h
priority consideration for land g r a n t universities, State experiment
stations, and other agricultural institutions of higher learning.
(c) There is authorized to be appropriated not more t h a n $1,000,000 Appropriation
for the period ending September 30, 1976, to carry out the provisions authorization.
of this section. No funds authorized by this section shall be used for
advertising or promotional activities.
TITLE III—MISCELLANEOUS
UNUSED ACREAGE ALLOTMENTS
SEC. 301. Section 377 of the Agricultural Adjustment Act of 1938 7 u s e 1377 note.
shall not be applicable to the 1976 and 1977 crops of rice. 7 u s e 1377.
F I N A L I T Y OF FARMERS' PAYMENTS AND LOANS
SEC. 302. Effective only with respect to the 1976 and 1977 crops of 7 u s e 1385 note.
rice, section 385 of the Agricultural Adjustment Act of 1938 is 7 u s e 1385.
amended in the first sentence thereof by inserting immediately after
"cotton set-aside p r o g r a m , " the following: "payments under the rice
p r o g r a m authorized by section 101(g) of the Agricultural Act of
1949,". 7 u s e 1441.
DEFINITION OF COOPERATOR
SEC. 303. Section 408(b) of the Agricultural Act of 1949 is amended 7 u s e 1428.
by striking out the period at the end of the first sentence and inserting
in lieu thereof the following: " : Provided further, T h a t for the 1976
and 1977 crops of rice, a cooperator shall be a person who produces
rice on a farm for which a farm acreage allotment has been established
or to which a producer acreage allotment has been allocated and, if a
set-aside is in effect, who has set aside any acreage required under sec-
tion 101(g).".
90 STAT. 188 PUBLIC LAW 94-214—FEB. 16, 1976
CONFORMING AMENDMENT
7 use 1428 note. ^ SEC. 304. Effective only with respect to the 1976 and 1977 crops of
7 use 1428. rice, section 408 of the Agricultural Act of 1949 is amended by adding
at the end thereof the following new subsection:
"Reference to Terms Made Available to Rice
7 use 1422, «(m) Reference made in sections 402,403,406,407, and 416 to terms
1423, 1426, 'support price', 'level of support', and 'level of price support' shall be
1427, 1431. considered to apply as well to the level of loans and purchases for rice
under this Act, and references made to the terms 'price support', 'price
support operation', and 'price support program' m such sections and
7 use 1421. in section 401(a) shall be considered as applying as well to the loan
and purchase operations for such rice in this Act.".
Approved February 16, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94-618 (eomm. on Agriculture).
SENATE REPORT No. 94-557 accompanying S. 2260 (eomm. on Agriculture and
Forestry).
eONGRESSIONAL REeORD:
Vol. 121 (1975): Dec. 10, 16, considered and passed House.
Vol. 122 (1976): Jan. 28-30, Feb. 2, 3, considered and passed Senate, in lieu of
S. 2260.
