An Act to amend the Agricultural Adjustment Act of 1938, as amended, to authorize the transfer of tobacco acreage allotments and acreage-poundage quotas
PL 90-51 (H.R.8265), enacted 07/07/1967

120 
July 7, 1967 
[H. R. 8265] 
Tobacco. 
Acreage allot-
ments and acre-
age-poundage 
quotas, transfer. 
52 Stat. 31; 
79 Stat. 66. 
7 u s e 1281, 
1314c. 
Conditions. 
Acreage history 
and marketing 
quota, transfer. 
New farm allot-
ment, restriction. 
Allotment ad-
justment. 
PUBLIC LAW 90-51-JULY 7, 1967 
[81 STAT. 
Public Law 90-51 
AN ACT 
To amend the Agricultural Adj^istment Act of 1938, as amended, to authorize 
the transfer of tobacco acreage allotments and acreage-poundage quotas. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Agricul-
tural Adjustment Act of 1938, as amended, is amended by adding 
the following new section: 
"SEC. 318. (a) Notwithstanding any other f)rovision of law, the 
Secretary, if he determines that it will not impair the effective opera-
tion of the tobacco marketing quota or price support programs, (1) 
may permit the owner and operator of any farm for which a Fire-
cured, dark air-cured, or Virginia sun-cured tobacco acreage allot-
ment or acreage-poundage quota is established under this Act to sell 
or lease all or any part or the right to all or any part of such allotment 
or quota to any other owner or operator of a farm for transfer to such 
farm; and (2) may permit the owner of a farm to transfer all or 
any part of such allotment or quota to any other farm owned or 
controlled by him. 
"(b) Transfers under this section shall be subject to the following 
conditions: (1) no allotment or quota shall be transferred to a farm 
in another county; (2) no transfer of an allotment or quota from a 
farm subject to a mortgage or other lien shall be permitted unless the 
transfer is agreed to by the lienholders; (3) no sale of a farm allot-
ment or quota from a farm shall be permitted if any sale of allotment 
or quota to the same farm has been made within the three immediately 
preceding crop years; and (4) no transfer of allotment or quota shall 
be effective until a record thereof is filed with the county committee 
of the county to which such transfer is made and such committee deter-
mines that the transfer complies with the provisions of this section. 
"(c) The transfer of an allotment or quota under this section shall 
have the effect of transferring also the acreage history and marketing 
quota attributable to such allotment or quota and if the transfer is 
made prior to the determination of the allotment or quota for any 
year the transfer shall include the right of the owner or operator to 
have an allotment or quota determined for the farm for such year: 
Provided, That in the case of a transfer by lease the amount of the 
allotment or quota shall be considered for purposes of determining 
allotments or quotas after the expiration of the lease to have been 
planted on the farm from which such allotment is transferred. 
"(d) The land in the farm from which the entire tobacco allotment 
or quota has been transferred shall not be eligible for a new farm 
tobacco allotment or quota during the five years following the year in 
which such transfer is made. 
"(e) If the normal yield established by the county committee for 
the farm to which the allotment is transferred does not exceed the 
normal yield established by the county committee for the farm from 
which the allotment is transferred by more than 10 per centum, the 
transfer shall be approved acre for acre. If the normal yield for the 
farm to which the allotment is transferred exceeds the normal yield 
for the farm from which the allotment is transferred by more than 
10 per centum, the county committee shall make a downward adjust-
ment in the amount of the acreage allotment transferred by multi-
plying the normal yield established for the faiTii from which the allot-
ment IS transferred by the acreage being transferred and dividing the 
result by the normal yield established for the farm to which the allot-
ment is transferred. 
81 STAT.] 
PUBLIC LAW 90-52-JULY 7, 1967 
121 
"(f) Any lease under this section may be made for such term of 
years not to exceed five as the parties thereto a^ree, and on such other 
terms and conditions except as otherwise provided in this section as 
the parties thereto agree. 
"(g) Under the provisions of this section not more than ten acres 
of allotment may be transferred to any farm: Provided^ That the total 
acreage allotted to any farm after such transfer shall not exceed 50 
per centum of the acreage of cropland in the farm. 
"(h) The lease of any part of a tobacco acreage allotment or acre- 
Future aiiot-
age-poundage quota under this section determined for a farm shall ™^" ^' 
not affect the allotment or quota for the farm from which such allot-
ment or quota is transferred or the farm to which it is transferred, 
except with respect to the crop year or years specified in the lease. 
The amount of the acreage allotment and acreage-poundage quota 
which is leased from a farm shall be considered for purposes of deter-
mining future allotments and quotas to have been planted to tobacco 
on the farm from which such allotment or quota is leased and the 
production pursuant to the lease shall not be taken into account in 
establishing allotments or quotas for subsequent years for the farm to 
which such allotment is leased. The lessor shall be considered to have . Referendum, vot-
been engaged in the production of tobacco for purposes of eligibility '"^ ^ 'g' ^ * y-
to vote in the referendum. 
" (i) If the sale or transfer under this section occurs during a period 
^^^^ utilization 
in which the farm is covered by a conservation reserve contract, crop- me^nt^^djusVmentl. 
land conversion agreement, or other similar land utilization agreement 
the rates of payment provided for in the contract or agreement of the 
farm from which the transfer is made shall be subject to an appro-
priate adjustment, but no adjustment shall be made in the contract or 
agreement of the farm to which the transfer is made. 
"(j) The Secretary shall prescribe such regulations and other terms 
and conditions as he deems necessary for the administration of this 
section." 
SEC. 2. Section 315 of the Agricultural Adjustment Act of 1938, as 
^^P^^I-
amended, is hereby repealed. 
l^r^i^*" ^°^-
A 
J 
T 1 
•
>
7 -
f n/jT 
7 u s e 1314a. 
Approved July 7, 1967. 
Public Law 90-52 
AN ACT 
j^^ly 7
^ 1967 
To remove the five-acre limitation on the amount of tobacco allotment acreage 
[H. R. 5702] 
which may be leased. 
Be It enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 316(e) 
^ 
of the Agricultural Adjustment Act of 1938, as amended, is amended ment^^^^ ^ 
to read as follows: 
^s stat. 470. 
"The total acreage allotted to any farm after the transfer by lease 
of tobacco acreage allotment to the farm under the provisions of this 
section shall not exceed 50 per centum of the acreage of cropland in 
the farm." 
Approved July 7, 1967. 
Tobacco. 
7 use 1314b.