(B) various groups of producers. 
(3) TIMING OF PAYMENTS.—The Secretary shall 
make payments under this section after the Secretary 
receives documentation that the total premium offered 
for crops produced under a contract (including the 
amount of incentive payments) has been made to cov-
ered producers. 
(e) ADMINISTRATION.—If funding provided for a crop 
year is not fully allocated under the initial request for pro-
posals under subsection (c), the Secretary shall issue addi-
tional requests for proposals for subsequent years under this 
section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section for each of fiscal years 2009 
through 2013. 
Subtitle C—Sugar 
SEC. 1301. SUGAR PROGRAM. 
(a) IN GENERAL.—Section 156 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 U.S.C. 
7272) is amended to read as follows: 
‘‘SEC. 156. SUGAR PROGRAM. 
‘‘(a) SUGARCANE.—The Secretary shall make loans for 
raw cane sugar available to processors of domestically 
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grown sugarcane at a rate equal to 18.5 cents per pound 
for each of the 2008 through 2012 crop years. 
‘‘(b) SUGAR BEETS.—The Secretary shall make loans 
for refined beet sugar available to processors of domestically 
grown sugar beets at a rate equal to 23.5 cents per pound 
for each of the 2008 through 2012 crop years. 
‘‘(c) TERM OF LOANS.— 
‘‘(1) IN GENERAL.—A loan under this section 
during any fiscal year shall be made available not 
earlier than the beginning of the fiscal year and shall 
mature at the earlier of— 
‘‘(A) the end of the 9-month period begin-
ning on the first day of the first month after the 
month in which the loan is made; or 
‘‘(B) the end of the fiscal year in which the 
loan is made. 
‘‘(2) SUPPLEMENTAL LOANS.—In the case of a 
loan made under this section in the last 3 months of 
a fiscal year, the processor may repledge the sugar as 
collateral for a second loan in the subsequent fiscal 
year, except that the second loan shall— 
‘‘(A) be made at the loan rate in effect at 
the time the first loan was made; and 
‘‘(B) mature in 9 months less the quantity 
of time that the first loan was in effect. 
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‘‘(d) LOAN TYPE; PROCESSOR ASSURANCES.— 
‘‘(1) NONRECOURSE LOANS.—The Secretary shall 
carry out this section through the use of nonrecourse 
loans. 
‘‘(2) PROCESSOR ASSURANCES.— 
‘‘(A) IN GENERAL.—The Secretary shall ob-
tain from each processor that receives a loan 
under this section such assurances as the Sec-
retary considers adequate to ensure that the 
processor will provide payments to producers 
that are proportional to the value of the loan re-
ceived by the processor for the sugar beets and 
sugarcane delivered by producers to the proc-
essor. 
‘‘(B) MINIMUM PAYMENTS.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary may establish appro-
priate minimum payments for purposes of 
this paragraph. 
‘‘(ii) LIMITATION.—In the case of 
sugar beets, the minimum payment estab-
lished under clause (i) shall not exceed the 
rate of payment provided for under the ap-
plicable contract between a sugar beet pro-
ducer and a sugar beet processor. 
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‘‘(3) ADMINISTRATION.—The Secretary may not 
impose or enforce any prenotification requirement, or 
similar administrative requirement not otherwise in 
effect on May 13, 2002, that has the effect of pre-
venting a processor from electing to forfeit the loan 
collateral (of an acceptable grade and quality) on the 
maturity of the loan. 
‘‘(e) LOANS FOR IN-PROCESS SUGAR.— 
‘‘(1) DEFINITION OF IN-PROCESS SUGARS AND 
SYRUPS.—In this subsection, the term ‘in-process sug-
ars and syrups’ does not include raw sugar, liquid 
sugar, invert sugar, invert syrup, or other finished 
product that is otherwise eligible for a loan under 
subsection (a) or (b). 
‘‘(2) AVAILABILITY.—The Secretary shall make 
nonrecourse loans available to processors of a crop of 
domestically grown sugarcane and sugar beets for in- 
process sugars and syrups derived from the crop. 
‘‘(3) LOAN RATE.—The loan rate shall be equal 
to 80 percent of the loan rate applicable to raw cane 
sugar or refined beet sugar, as determined by the Sec-
retary on the basis of the source material for the in- 
process sugars and syrups. 
‘‘(4) FURTHER PROCESSING ON FORFEITURE.— 
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‘‘(A) IN GENERAL.—As a condition of the 
forfeiture of in-process sugars and syrups serving 
as collateral for a loan under paragraph (2), the 
processor shall, within such reasonable time pe-
riod as the Secretary may prescribe and at no 
cost to the Commodity Credit Corporation, con-
vert the in-process sugars and syrups into raw 
cane sugar or refined beet sugar of acceptable 
grade and quality for sugars eligible for loans 
under subsection (a) or (b). 
‘‘(B) TRANSFER
TO
CORPORATION.—Once 
the in-process sugars and syrups are fully proc-
essed into raw cane sugar or refined beet sugar, 
the processor shall transfer the sugar to the Com-
modity Credit Corporation. 
‘‘(C) PAYMENT TO PROCESSOR.—On trans-
fer of the sugar, the Secretary shall make a pay-
ment to the processor in an amount equal to the 
amount obtained by multiplying— 
‘‘(i) the difference between— 
‘‘(I) the loan rate for raw cane 
sugar or refined beet sugar, as appro-
priate; and 
‘‘(II) the loan rate the processor 
received under paragraph (3); by 
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‘‘(ii) the quantity of sugar transferred 
to the Secretary. 
‘‘(5) LOAN CONVERSION.—If the processor does 
not forfeit the collateral as described in paragraph 
(4), but instead further processes the in-process sugars 
and syrups into raw cane sugar or refined beet sugar 
and repays the loan on the in-process sugars and syr-
ups, the processor may obtain a loan under subsection 
(a) or (b) for the raw cane sugar or refined beet 
sugar, as appropriate. 
‘‘(6) TERM OF LOAN.—The term of a loan made 
under this subsection for a quantity of in-process sug-
ars and syrups, when combined with the term of a 
loan made with respect to the raw cane sugar or re-
fined beet sugar derived from the in-process sugars 
and syrups, may not exceed 9 months, consistent with 
subsection (c). 
‘‘(f) AVOIDING FORFEITURES; CORPORATION INVEN-
TORY DISPOSITION.— 
‘‘(1) IN GENERAL.—Subject to subsection (d)(3), 
to the maximum extent practicable, the Secretary 
shall operate the program established under this sec-
tion at no cost to the Federal Government by avoid-
ing the forfeiture of sugar to the Commodity Credit 
Corporation. 
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‘‘(2) INVENTORY DISPOSITION.— 
‘‘(A) IN
GENERAL.—To carry out para-
graph (1), the Commodity Credit Corporation 
may accept bids to obtain raw cane sugar or re-
fined beet sugar in the inventory of the Com-
modity Credit Corporation from (or otherwise 
make available such commodities, on appro-
priate terms and conditions, to) processors of 
sugarcane and processors of sugar beets (acting 
in conjunction with the producers of the sugar-
cane or sugar beets processed by the processors) 
in return for the reduction of production of raw 
cane sugar or refined beet sugar, as appropriate. 
‘‘(B) BIOENERGY FEEDSTOCK.—If a reduc-
tion in the quantity of production accepted 
under subparagraph (A) involves sugar beets or 
sugarcane that has already been planted, the 
sugar beets or sugarcane so planted may not be 
used for any commercial purpose other than as 
a bioenergy feedstock. 
‘‘(C) ADDITIONAL AUTHORITY.—The author-
ity provided under this paragraph is in addition 
to any authority of the Commodity Credit Cor-
poration under any other law. 
‘‘(g) INFORMATION REPORTING.— 
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‘‘(1) DUTY OF PROCESSORS AND REFINERS TO 
REPORT.—A sugarcane processor, cane sugar refiner, 
and sugar beet processor shall furnish the Secretary, 
on a monthly basis, such information as the Secretary 
may require to administer sugar programs, including 
the quantity of purchases of sugarcane, sugar beets, 
and sugar, and production, importation, distribution, 
and stock levels of sugar. 
‘‘(2) DUTY OF PRODUCERS TO REPORT.— 
‘‘(A) PROPORTIONATE SHARE STATES.—As 
a condition of a loan made to a processor for the 
benefit of a producer, the Secretary shall require 
each producer of sugarcane located in a State 
(other than the Commonwealth of Puerto Rico) 
in which there are in excess of 250 producers of 
sugarcane to report, in the manner prescribed by 
the Secretary, the sugarcane yields and acres 
planted to sugarcane of the producer. 
‘‘(B) OTHER STATES.—The Secretary may 
require each producer of sugarcane or sugar beets 
not covered by subparagraph (A) to report, in a 
manner prescribed by the Secretary, the yields 
of, and acres planted to, sugarcane or sugar 
beets, respectively, of the producer. 
‘‘(3) DUTY OF IMPORTERS TO REPORT.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall require an 
importer of sugars, syrups, or molasses to be 
used for human consumption or to be used for 
the extraction of sugar for human consumption 
to report, in the manner prescribed by the Sec-
retary, the quantities of the products imported 
by the importer and the sugar content or equiva-
lent of the products. 
‘‘(B) 
TARIFF-RATE
QUOTAS.—Subpara-
graph (A) shall not apply to sugars, syrups, or 
molasses that are within the quantities of tariff- 
rate quotas that are subject to the lower rate of 
duties. 
‘‘(4) COLLECTION
OF
INFORMATION
ON
MEX-
ICO.— 
‘‘(A) COLLECTION.—The Secretary shall col-
lect— 
‘‘(i) information on the production, 
consumption, stocks and trade of sugar in 
Mexico, including United States exports of 
sugar to Mexico; and 
‘‘(ii) publicly available information on 
Mexican 
production, 
consumption, 
and 
trade of high fructose corn syrups, including 
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United States exports of high fructose corn 
syrups to Mexico. 
‘‘(B) PUBLICATION.—The data collected 
under subparagraph (A) shall be published in 
each edition of the World Agricultural Supply 
and Demand Estimates. 
‘‘(5) PENALTY.—Any person willfully failing or 
refusing to furnish the information required to be re-
ported by paragraph (1), (2), or (3), or furnishing 
willfully false information, shall be subject to a civil 
penalty of not more than $10,000 for each such viola-
tion. 
‘‘(6) MONTHLY REPORTS.—Taking into consider-
ation the information received under this subsection, 
the Secretary shall publish on a monthly basis com-
posite data on production, imports, distribution, and 
stock levels of sugar. 
‘‘(h) SUBSTITUTION OF REFINED SUGAR.—For pur-
poses of Additional U.S. Note 6 to chapter 17 of the Har-
monized Tariff Schedule of the United States and the reex-
port programs and polyhydric alcohol program adminis-
tered by the Secretary, all refined sugars (whether derived 
from sugar beets or sugarcane) produced by cane sugar re-
fineries and beet sugar processors shall be fully substitutable 
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for the export of sugar and sugar-containing products under 
those programs. 
‘‘(i) EFFECTIVE PERIOD.—This section shall be effec-
tive only for the 2008 through 2012 crops of sugar beets 
and sugarcane.’’. 
(b) TRANSITION.—The Secretary of Agriculture shall 
make loans for raw cane sugar and refined beet sugar avail-
able for the 2007 crop year on the terms and conditions 
provided in section 156 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272), as in effect 
on the day before the date of the enactment of this Act. 
SEC. 1302. UNITED STATES MEMBERSHIP IN THE INTER-
NATIONAL SUGAR ORGANIZATION. 
The Secretary of Agriculture shall work with the Sec-
retary of State to restore United States membership in the 
International Sugar Organization within one year after the 
date of enactment of this Act. 
SEC. 1303. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR. 
(a) DEFINITION OF HUMAN CONSUMPTION.—Section 
359a of the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1359aa) is amended— 
(1) by redesignating paragraphs (1) through (4) 
as paragraphs (2) through (5), respectively; and 
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph (1): 
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‘‘(1) HUMAN CONSUMPTION.—The term ‘human 
consumption’, when used in the context of a reference 
to sugar (whether in the form of sugar, in-process 
sugar, syrup, molasses, or in some other form) for 
human consumption, includes sugar for use in human 
food, beverages, or similar products.’’. 
(b) SUGAR ALLOTMENTS.—Section 359b of the Agri-
cultural Adjustment Act of 1938 (7 U.S.C. 1359bb) is 
amended to read as follows: 
‘‘SEC. 
359b. 
FLEXIBLE 
MARKETING 
ALLOTMENTS 
FOR 
SUGAR. 
‘‘(a) SUGAR ESTIMATES.— 
‘‘(1) IN GENERAL.—Not later than August 1 be-
fore the beginning of each of the 2008 through 2012 
crop years for sugarcane and sugar beets, the Sec-
retary shall estimate— 
‘‘(A) the quantity of sugar that will be sub-
ject to human consumption in the United States 
during the crop year; 
‘‘(B) the quantity of sugar that would pro-
vide for reasonable carryover stocks; 
‘‘(C) the quantity of sugar that will be 
available from carry-in stocks for human con-
sumption in the United States during the crop 
year; 
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‘‘(D) the quantity of sugar that will be 
available from the domestic processing of sugar-
cane, sugar beets, and in-process beet sugar; and 
‘‘(E) the quantity of sugars, syrups, and 
molasses that will be imported for human con-
sumption or to be used for the extraction of 
sugar for human consumption in the United 
States during the crop year, whether such arti-
cles are under a tariff-rate quota or are in excess 
or outside of a tariff-rate quota. 
‘‘(2) EXCLUSION.—The estimates under this sub-
section shall not apply to sugar imported for the pro-
duction of polyhydric alcohol or to any sugar refined 
and reexported in refined form or in products con-
taining sugar. 
‘‘(3) REESTIMATES.—The Secretary shall make 
reestimates of sugar consumption, stocks, production, 
and imports for a crop year as necessary, but no later 
than the beginning of each of the second through 
fourth quarters of the crop year. 
‘‘(b) SUGAR ALLOTMENTS.— 
‘‘(1) ESTABLISHMENT.—By the beginning of 
each crop year, the Secretary shall establish for that 
crop year appropriate allotments under section 359c 
for the marketing by processors of sugar processed 
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from sugar cane or sugar beets or in-process beet 
sugar (whether such sugar beets or in-process beet 
sugar was produced domestically or imported) at a 
level sufficient to maintain raw and refined sugar 
prices above forfeiture levels so that there will be no 
forfeitures of sugar to the Commodity Credit Corpora-
tion under the loan program for sugar established 
under section 156 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272). 
‘‘(2) MINIMUM.—The level of allotments estab-
lished under paragraph (1) may not be less than 85 
percent of the estimated quantity of sugar for domes-
tic human consumption for the crop year. 
‘‘(3) PRODUCTS.—The Secretary may include 
sugar products, whose majority content is sucrose, in 
the allotments established under paragraph (1) if the 
Secretary determines that the inclusion of such sugar 
products is appropriate for controlling the supply of 
sugar for human consumption. 
‘‘(c) COVERAGE OF ALLOTMENTS.— 
‘‘(1) IN
GENERAL.—The marketing allotments 
provided for in this part shall apply to the marketing 
by processors of sugar intended for domestic human 
consumption that has been processed from sugar cane 
or sugar beets or in-process beet sugar (whether such 
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sugar beets or in-process beet sugar was produced do-
mestically or imported). 
‘‘(2) EXCEPTIONS.—Consistent with the adminis-
tration of marketing allotments during crop years 
2002 through 2007, the marketing allotments shall not 
apply to sugar sold— 
‘‘(A) to facilitate the exportation of such 
sugar to a foreign country, except that such ex-
ports of sugar shall not be eligible to receive cred-
its under re-export programs for refined sugar or 
sugar containing products administered by the 
Secretary; 
‘‘(B) to enable another processor to fulfill an 
allocation established for such other processor, ex-
cept that such sales must be made before May 1 
and must be reported to the Secretary; or 
‘‘(C) for uses other than domestic human 
consumption. 
‘‘(d) PROHIBITIONS.— 
‘‘(1) IN GENERAL.—During any crop year or 
portion thereof for which marketing allotments have 
been established, no processor of sugar beets or sugar-
cane shall market for domestic human consumption a 
quantity of sugar in excess of the allocation estab-
lished for such processor, except to enable another 
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processor to fulfill an allocation established for such 
other processor or to facilitate the exportation of such 
sugar. 
‘‘(2) CIVIL PENALTY.—Any processor who know-
ingly violates paragraph (1) shall be liable to the 
Commodity Credit Corporation for a civil penalty in 
an amount equal to 3 times the United States market 
value, at the time of the commission of the violation, 
of that quantity of sugar involved in the violation. 
‘‘(3) DEFINITION OF MARKET.—For purposes of 
this part, the term ‘market’ shall mean to sell or oth-
erwise dispose of in commerce in the United States, 
including— 
‘‘(A) the forfeiture of sugar under the loan 
program for sugar under section 156 of the Fed-
eral Agriculture Improvement and Reform Act of 
1996 (7 U.S.C. 7272) and such forfeited sugar 
shall be deemed to have been marketed during the 
crop year in which the loan was made; 
‘‘(B) with respect to any integrated proc-
essor and refiner, the movement of raw cane 
sugar into the refining process; and 
‘‘(C) the sale of sugar for the production of 
ethanol or other bioenergy product, if such eth-
anol or bioenergy product is the subject of a pay-
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ment under the feedstock flexibility program for 
bioenergy producers.’’. 
(c) ESTABLISHMENT.—Section 359c of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1359cc) is amend-
ed— 
(1) by striking subsection (b) and inserting the 
following new subsection: 
‘‘(b) OVERALL ALLOTMENT QUANTITY.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
the overall quantity of sugar to be allotted for the 
crop year (in this part referred to as the ‘overall al-
lotment quantity’) at a level sufficient to maintain 
raw and refined sugar prices above forfeiture levels to 
avoid the forfeiture of sugar to the Commodity Credit 
Corporation. 
‘‘(2) MINIMUM.—The overall allotment quantity 
established under paragraph (1) may not be less than 
85 percent of the estimated quantity of sugar for do-
mestic human consumption for the crop year. 
‘‘(3) ADJUSTMENT.—Subject to paragraphs (1) 
and (2), the Secretary shall adjust the overall allot-
ment quantity— 
‘‘(A) to maintain raw and refined sugar 
prices above forfeiture levels to avoid the for-
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feiture of sugar to the Commodity Credit Cor-
poration; and 
‘‘(B) to maintain adequate supplies of raw 
and refined sugar in the domestic market.’’; 
(2) in subsection (d)(2), by inserting before the 
period the following: ‘‘or in-process beet sugar’’; 
(3) in subsection (g)(1), by inserting at the end 
the following new sentence: ‘‘However, the overall al-
lotment quantity may not be reduced to a quantity 
less than 85 percent of the estimated quantity of 
sugar for domestic human consumption for the crop 
year.’’; and 
(4) by striking subsection (h). 
(d) ALLOCATION OF MARKETING ALLOTMENTS.—Sec-
tion 359d(b) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1359dd(b)) is amended— 
(1) in paragraph (1)(F), by striking ‘‘Except as 
otherwise provided in section 359f(c)(8), if’’ and in-
serting ‘‘If’’; and 
(2) in paragraph (2), by striking subparagraphs 
(H) and (I) and inserting the following new subpara-
graph: 
‘‘(H) NEW
ENTRANTS
STARTING
PRODUC-
TION, REOPENING, OR ACQUIRING AN EXISTING 
FACTORY WITH PRODUCTION HISTORY.— 
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‘‘(i) ALLOCATION FOR A NEW ENTRANT 
THAT HAS CONSTRUCTED A NEW FACTORY 
OR REOPENED A FACTORY THAT WAS NOT 
OPERATING SINCE BEFORE 1998.—If a New 
Entrant constructs a new sugar beet proc-
essing factory, or acquires and reopens a 
sugar beet processing factory that last proc-
essed sugar beets prior to the 1998 crop 
year and there is no allocation currently as-
sociated with the factory, the Secretary 
shall— 
‘‘(I) assign an allocation for beet 
sugar to the New Entrant that pro-
vides a fair and equitable distribution 
of the allocations for beet sugar in 
order to enable the New Entrant to 
achieve a factory utilization rate com-
parable to the factory utilization rates 
of other similarly situated processors; 
and 
‘‘(II) reduce the allocations for 
beet sugar of all other processors on a 
pro rata basis to reflect the allocation 
to the New Entrant. 
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‘‘(ii) ALLOCATION FOR A NEW ENTRANT 
THAT HAS ACQUIRED AN EXISTING FACTORY 
WITH A PRODUCTION HISTORY.—If a New 
Entrant acquires an existing factory that 
has processed sugar beets from the 1998 or 
later crop years and has a production his-
tory, then, upon the mutual agreement of 
the New Entrant and the company cur-
rently holding the allocation associated with 
the factory, the Secretary shall transfer to 
the New Entrant a portion of allocation of 
the current allocation holder to reflect the 
historical contribution of the production of 
the acquired factory to the total allocation 
of the current allocation holder. In the ab-
sence of mutual agreement, the new entrant 
shall be ineligible for a beet sugar alloca-
tion. 
‘‘(iii) APPEALS.—Any decision made 
under this subsection may be appealed to 
the Secretary pursuant to section 359i. 
‘‘(iv) DEFINITION.—In this subpara-
graph, the term ‘New Entrant’ means an 
individual, corporation, or other entity that 
does not have an allocation of the beet sugar 
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allotment under this part, is not affiliated 
with any other individual, corporation, or 
entity that has an allocation of beet sugar 
under this part (known as a ‘third party’), 
and will process sugar beets produced by 
sugar beet growers under contract with the 
New Entrant for the production of sugar at 
the new or re-opened factory that is the 
basis for the New Entrant allocation. 
‘‘(v) AFFILIATION.—For purposes of 
this subparagraph, a New Entrant and a 
third party shall be deemed to be ‘affiliated’ 
if— 
‘‘(I) the third party has an own-
ership interest in the New Entrant; 
‘‘(II) the New Entrant and the 
third party have owners in common; 
‘‘(III) the third party has the 
ability to exercise control over the New 
Entrant by organizational rights, con-
tractual rights, or any other means; 
‘‘(IV) the third party has a con-
tractual relationship with the New En-
trant by which the New Entrant will 
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make use of the facilities or assets of 
such third party; or 
‘‘(V) 
any 
other 
similar 
cir-
cumstance exists by which the Sec-
retary determines that the New En-
trant and the third party are affili-
ated.’’. 
(e) REASSIGNMENT OF DEFICITS.—Section 359e(b) of 
the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1359ee(b)) is amended in both paragraphs (1)(D) and 
(2)(C) by inserting ‘‘of raw cane sugar’’ after ‘‘imports’’. 
(f) PROVISIONS APPLICABLE TO PRODUCERS.—Section 
359f(c) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1359ff(c)) is amended— 
(1) in paragraph (2), by striking ‘‘quantity of 
sugarcane’’ and inserting ‘‘quantity of sugar pro-
duced from sugarcane’’; 
(2) in paragraph (5)(C), by inserting ‘‘for 
sugar’’ before ‘‘in excess of the farm’s proportionate 
share’’; 
(3) in paragraph (7), by striking ‘‘amount of 
sugarcane’’ and inserting ‘‘amount of sugar from sug-
arcane’’; and 
(4) by striking paragraph (8) and inserting the 
following new paragraph: 
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‘‘(8) SEED DEFINITION.—In this subsection, the 
term ‘seed’ includes only varieties of seed dedicated to 
the production of sugarcane from which is produced 
sugar for human consumption, and excludes seed of 
high-fiber cane varieties dedicated to other uses, as de-
termined by the Secretary.’’. 
(g) SPECIAL RULES.—Section 359g of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1359gg) is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) TRANSFER OF ACREAGE BASE HISTORY.— 
‘‘(1) TRANSFER AUTHORIZED.—For the purpose 
of establishing proportionate shares for sugarcane 
farms under section 359f(c), the Secretary, on appli-
cation of any producer, with the written consent of all 
owners of a farm, may transfer the acreage base his-
tory of the farm to any other parcels of land of the 
applicant. 
‘‘(2) CONVERTED ACREAGE BASE.— 
‘‘(A) IN GENERAL.—Sugarcane base acreage 
established under section 359f(c) that has been or 
is converted to non-agricultural use on or after 
May 13, 2002, may be transferred to other land 
suitable for the production of sugarcane that can 
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be delivered to a processor in a proportionate 
share State in accordance with this paragraph. 
‘‘(B) NOTIFICATION.—Not later than 90 
days after the date of the enactment of the Farm, 
Nutrition, and Bioenergy Act of 2007, or the 
subsequent conversion of sugarcane base acreage 
to a non-agricultural use, the Secretary, acting 
through the Farm Service Agency, shall notify 
the affected landowner (or landowners) of the 
transferability of the applicable sugarcane base 
acreage. 
‘‘(C) 
INITIAL
TRANSFER
PERIOD.—The 
owner of the base attributable to the acreage at 
the time of the conversion shall be afforded 90 
days from the date of the receipt of the notifica-
tion under subparagraph (B) to transfer the base 
to one or more farms owned by the owner. 
‘‘(D) GROWER OF RECORD.—If the transfer 
under subparagraph (C) cannot be accomplished 
within the time period prescribed in such sub-
paragraph, then the grower of record with regard 
to the base acreage on the date on which the 
acreage was converted to non-agricultural use 
shall be so notified, and shall be afforded 90 days 
from the date of the receipt of such notification 
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