Extra Long Staple Cotton Act of 1983
PL 98-88 (H.R.3190), enacted 08/26/1983

97 STAT. 494 
PUBLIC LAW 98-88—AUG. 26, 1983 
Aug. 26, 1983 
[H.R. 3190] 
Extra Long 
Staple Cotton 
Act of 1983. 
7 use 1421 note. 
Repeal. 
7 u s e 1347. 
7 u s e 1441. 
7 use 1342 note. 
7 use 
1342-1344, 
1344b, 1345, 
1346, 1377. 
7 use 1444. 
Loans. 
Payments. 
Public Law 98-88 
98th Congress 
An Act 
To establish an improved program for extra long staple cotton. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Extra Long Staple Cotton Act of 1983". 
SEC. 2. Section 347 of the Agricultural Adjustment Act of 1938, as 
amended, and section 101(f) of the Agricultural Act of 1949, as 
amended, are repealed effective beginning with the 1984 crop of 
extra long staple cotton. 
SEC. 3. Sections 342, 343, 344, 344a, 345, 346, and 377 of the 
Agricultural Adjustment Act of 1938, as amended, shall not be 
applicable to the 1984 and subsequent crops of extra long staple 
cotton. 
SEC. 4. Effective beginning with the 1984 crop of extra long staple 
cotton, section 103 of the Agricultural Act of 1949, as amended, is 
amended by adding at the end thereof a new subsection as follows: 
"(h)(1) For purposes of this subsection, extra long staple cotton 
means cotton which is produced from pure strain varieties of the 
Barbadense species or any hybrid thereof, or other similar types of 
extra long staple cotton, designated by the Secretary, having charac-
teristics needed for various end uses for which American upland 
cotton is not suitable and grown in irrigated cotton-growing regions 
of the United States designated by the Secretary or other areas 
designated by the Secretary as suitable for the production of such 
varieties or types and which is ginned on a roller-type gin or, if 
authorized by the Secretary, ginned on another type gin for experi-
mental purposes. 
"(2) The Secretary shall, upon presentation of warehouse receipts 
reflecting accrued storage charges of not more than sixty days, make 
available to producers nonrecourse loans for a term of ten months 
from the first day of the month in which the loan is made at a level 
which is not less than 50 per centum in excess of the loan level 
established for each crop of Strict Low Middling one and one-
sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average 
location in the United States. If authorized by the Secretary, nonre-
course loans provided for in this subsection may, upon request of the 
producer during the tenth month of the loan period for the cotton, 
be made available for an additional term of eight months. The loan 
level for any crop of extra long staple cotton shall be determined 
and announced by the Secretary not later than November 1 of the 
calendar year preceding the marketing year for which such loan is 
to be effective and such level shall not thereafter be changed. 
"(3)(A) In addition, payments shall be made for each crop of extra 
long staple cotton to producers on each farm at a rate equal to the 
amount by which the higher of— 
"(i) the average market price received by farmers for extra 
long staple cotton during the first eight months of the market-
ing year for such crop, as determined by the Secretary, or 
PUBLIC LAW 98-88—AUG. 26, 1983 
97 STAT. 495 
"(ii) the loan level determined under paragraph (2) of this 
subsection for such crop, 
is less than the established price per pound times, in each case, the 
farm program acreage for extra long staple cotton (determined in 
accordance with paragraph (6) or paragraph (8)( 
A) of this subsection, 
but in no event on a greater acreage than the acreage actually 
planted to extra long staple cotton for harvest), multiplied by the 
farm program payment yield for extra long staple cotton (deter-
mined in accordance with paragraph (7) of this subsection). 
"(B) The established price for each crop of extra long staple cotton 
shall be 120 per centum of the loan level determined for such crop 
under paragraph (2) of this subsection. 
"(C) If the Secretary establishes an acreage limitation program for 
a crop of extra long staple cotton in accordance with paragraph 
(8)(A) of this subsection and determines that deficiency payments 
will likely be made for such crop of extra long staple cotton under 
subparagraph (A) of this paragraph, the Secretary may make avail-
able advance deficiency payments for such crop to producers who 
agree to participate in the acreage limitation program. Such ad-
vance payments shall be made available to producers as soon as 
practicable after the producer files a notice of intention to partici-
pate in such acreage limitation program and in such amount as the 
Secretary determines appropriate to encourage adequate participa-
tion in such program, except that such amount shall not exceed an 
amount determined by multiplying (i) the estimated farm program 
acreage for the crop, by (ii) the farm program payment yield for the 
crop, by (iii) 50 per centum of the projected payment rate, as 
determined by the Secretary. In any case in which the deficiency 
payment payable to a producer for a crop, as finally determined by 
the Secretary under subparagraph (A) of this paragraph, is less than 
the amount paid to the producer as an advance deficiency payment 
under this paragraph, the producer shall refund an amount equal to 
the difference between the amount advanced and the amount finally 
determined by the Secretary to be payable to the producer. If the 
Secretary determines that no deficiency payments are due producers 
on a crop, the producer who received advanced payments on 
such crop shall refund such payments. If a producer fails to comply 
with the requirements under the acreage limitation program after 
obtaining an advance deficiency payment under this paragraph, the 
producer shall immediately repay the amount of the advance, plus 
interest thereon in such amount as the Secretary shall prescribe. 
"(4) The Secretary shall establish for each crop of extra long 
staple cotton a national program acreage. Such national program 
acreage shall be announced by the Secretary not later than Novem-
ber 1 of the calendar year preceding the year for which such acreage 
is established. The Secretary may revise the national program 
acreage first announced for any crop year for the purpose of deter-
mining the allocation factor under paragraph (5) of this subsection if 
the Secretary determines it necessary based upon the latest infor-
mation, and the Secretary shall announce such revised national 
program acreage as soon as it has been made. The national program 
acreage shall be the number of harvested acres the Secretary deter-
mines (on the basis of the estimated weighted national average of 
the farm program payment yields for the crop for which the deter-
mination is made) will produce the quantity (less imports) of extra 
long staple cotton that the Secretary estimates will be utilized 
domestically and for export during the marketing year for such 
Acreage 
limitation 
program. 
National 
program 
acreage. 
97 STAT. 496 
PUBLIC LAW 98-88—AUG. 26, 1983 
Farm program 
acreage. 
Farm program 
payment yield. 
crop. The national program acreage shall be subject to such adjust-
ment as the Secretary determines necessary, taking into considera-
tion the estimated carryover supply and the stocks not accounted for 
by official domestic consumption and export data, so as to provide 
for an adequate but not excessive total supply of extra long staple 
cotton for the marketing year for the crop for which such national 
program acreage is established. In no event shall the national 
program acreage be less than sixty thousand acres. 
"(5) The Secretary shall determine a program allocation factor for 
each crop of extra long staple cotton. The allocation factor (not to 
exceed 100 per centum) shall be determined by dividing the national 
program acreage for the crop by the number of acres that the 
Secretary estimates will be harvested for such crop. 
"(6) The individual farm program acreage for each crop of extra 
long staple cotton shall be determined by multiplying the allocation 
factor by the acreage of extra long staple cotton planted for harvest 
on each farm for which individual farm program acreages are 
required to be determined. The farm program acreage shall not be 
further reduced by application of the allocation factor if the pro-
ducers reduce the acreage of extra long staple cotton planted for 
harvest on the farm from the acreage base established for the farm 
under paragraph (8)(A) of this subsection by at least the percentage 
recommended by the Secretary in the announcement of the national 
program acreage. The Secretary shall provide fair and equitable 
treatment for producers on farms on which the acreage of extra long 
staple cotton planted for harvest is less than the acreage base 
established for the farm under paragraph (8)(A) of this subsection, 
but for which the reduction is insufficient to exempt the farm from 
the application of the allocation factor. In establishing the allocation 
factor for extra long staple cotton, the Secretary may make such 
adjustment as the Secretary deems necessary to take into account 
the extent of exemption of farms under the foregoing provisions of 
this paragraph. 
"(7) The farm program payment yield for each crop of extra long 
staple cotton shall be determined on the basis of the actual yields 
per harvested acre on the farm for the preceding three years, except 
that the actual yields shall be adjusted by the Secretary for abnor-
mal yields in any year caused by drought, flood, or other natural 
disaster, or other condition beyond the control of the producers. In 
case farm yield data for one or more years are unavailable or there 
was no production, the Secretary shall provide for appraisals to be 
made on the basis of actual yields and program payment yields for 
similar farms in the area for which data are available. Notwith-
standing the foregoing provisions of this paragraph in the determi-
nation of yields, the Secretary shall take into account the actual 
yields proved by the producer, and neither such yields nor the farm 
program payment yield established on the basis of such yields shall 
be reduced under other provisions of this paragraph. If the Secre-
tary determines it necessary, the Secretary may establish national. 
State, or county program payment yields on the basis of historical 
yields, as adjusted by the Secretary to correct for abnormal factors 
affecting such yields in the historical period, or, if such data are not 
available, on the Secretary's estimate of actual yields for the crop 
year involved. If national. State, or county program payment yields 
are established, the farm program payment yields shall balance to 
the national. State, or county program payment yields. 
PUBLIC LAW 98-88—AUG. 26, 1983 
97 STAT. 497 
"(8)(A) Notwithstanding any other provision of this subsection, the 
Secretary may establish a Umitation on the acreage planted to extra 
long staple cotton if the Secretary determines that the total supply 
of extra long staple cotton, in the absence of such limitation, will be 
excessive taking into account the need for an adequate carryover to 
maintain reasonable and stable prices and to meet a national emer-
gency. Such limitation shall be achieved by applying a uniform 
percentage reduction to the acreage base for each extra long staple 
cotton-producing farm. Producers who knowingly produce extra long 
staple cotton in excess of the permitted acreage for the farm shall be 
ineligible for extra long staple cotton loans and payments with 
respect to that farm. The acreage base for any farm for the purpose 
of determining any reduction required to be made for any year as a 
result of a limitation under this subparagraph shall be the average 
acreage planted on the farm to extra long staple cotton for harvest 
in the three crop years immediately preceding the year prior to the 
year for which the determination is made. For the purpose of the 
preceding sentence, acreage planted to extra long staple cotton for 
harvest shall include any acreage which the producers were pre-
vented from planting to extra long staple cotton or other noncon-
serving crops in lieu of extra long staple cotton because of drought, 
flood, or other natural disaster or other condition beyond the control 
of the producers. The Secretary may make adjustments to reflect 
established crop-rotation practices and to reflect such other factors 
as the Secretary determines should be considered in determining a 
fair and equitable base. There is hereby established for the 1984, 
1985, and 1986 crops an acreage base reserve equal to 5 per centum 
of the total of the farm acreage bases established for the crop under 
the foregoing provisions of this subparagraph. Such reserve shall be 
in addition to the total of the farm acreage bases and shall be used 
by the county committees, in accordance with regulations of the 
Secretary, for making adjustments of farm acreage bases to correct 
inequities and prevent hardship, and for establishing bases for 
farms on which no extra long staple cotton was planted during the 
preceding four years. A number of acres on the farm determined by 
dividing (i) the product obtained by multiplying the number of acres 
required to be withdrawn from the production of extra long staple 
cotton times the number of acres actually planted to such commod-
ity, by (ii) the number of acres authorized to be planted to such 
commodity under the limitation established by the Secretary, shall 
be devoted to conservation uses, in accordance with regulations 
issued by the Secretary, which will assure protection of such acreage 
from weeds and wind and water erosion. The number of acres so 
determined is hereafter in this subsection referred to as 'reduced 
acreage*. The Secretary may permit, subject to such terms and 
conditions as the Secretary may prescribe, all or any part of the 
reduced acreage to be devoted to sweet sorghum, hay and grazing, or 
the production of guar, sesame, safflower, sunflower, castor beans, 
mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or 
other commodity, if the Secretary 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 
affect farm income adversely. If an acreage limitation program is 
announced under this paragraph for a crop of extra long staple 
cotton, paragraphs (4), (5), and (6) of this subsection shall not be 
applicable to such crop, including any prior announcement which 
may have been made under such paragraphs with respect to such 
Acreage 
limitation. 
Acreage base 
97 STAT. 498 
PUBLIC LAW 98-88—AUG. 26, 1983 
Land diversion 
payments. 
Contract bids. 
Acreage 
limitation. 
Program 
participation. 
Program 
deadlines or 
other 
requirements. 
crop. The individual farm program acreage shall be the actual 
acreage planted on the farm to extra long staple cotton for harvest 
within the permitted extra long staple cotton acreage for the farm 
as established under this paragraph. 
"(B) The Secretary may make land diversion payments to pro-
ducers of 
extra long staple cotton, whether or not an acreage limitation 
program for extra long staple cotton is in effect, if the Secretary 
determines that such land diversion payments are necessary to 
assist in adjusting the total national acreage of extra long staple 
cotton to desirable goals. Such land diversion payments shall be 
made to producers who, to the extent prescribed by the Secretary, 
devote to approved conservation uses an acreage of cropland on the 
farm in accordance with land diversion contracts entered into by the 
Secretary with such producers. The amounts payable to producers 
under land diversion contracts may be determined through the 
submission of bids for such contracts by producers in such manner 
as the Secretary may prescribe or through such other means as the 
Secretary determines appropriate. In determining the acceptability 
of contract offers, the Secretary shall take into consideration the 
extent of the diversion to be undertaken by the producers 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 affect adversely the economy of the county 
or local community. 
"(C) The reduced acreage and the diverted acreage may be devoted 
to wildlife food plots or wildlife habitat in conformity with standards 
established by the Secretary in consultation with wildlife agencies. 
The Secretary may pay an appropriate share of the cost of practices 
designed to carry out the purpose of the foregoing sentence. The 
Secretary may provide for an additional payment on such acreage in 
an amount determined by the Secretary to be appropriate in rela-
tion to the benefit to the general public if the producer 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. 
"(9) An operator of a farm desiring to participate in the program 
conducted under paragraph (8) of this subsection shall execute an 
agreement with the Secretary providing for such participation not 
later than such date as the Secretary may prescribe. The Secretary 
may, by mutual agreement with the producers on the farm, termi-
nate or modify any such agreement if the Secretary determines such 
action necessary because of an emergency created by drought or 
other disaster or to prevent or alleviate a shortage in the supply of 
agricultural commodities. 
"(10) The Secretary shall provide for the sharing of payments 
made under this subsection for any farm among the producers on 
the farm on a fair and equitable basis. 
"(11) The Secretary shall provide adequate safeguards to protect 
the interests of tenants and sharecroppers. 
"(12) If the failure of a producer to comply fully with the terms 
and conditions of the program formulated under this subsection 
precludes the making of loans and payments, the Secretary may, 
nevertheless, make such loans and payments in such amounts as the 
Secretary determines to be equitable in relation to the seriousness of 
the failure. The Secretary may authorize the county and State 
committees established under section 8(b) of the Soil Conservation 
PUBLIC LAW 98-88—AUG. 26, 1983 
97 STAT. 499 
and Domestic Allotment Act to waive or modify deadlines and other 
16 USC 590h. 
program requirements in cases in which lateness or failure to meet 
such other requirements does not affect adversely the operation of 
the program. 
"(13) The Secretary may issue such regulations as the Secretary 
determines necessary to carry out the provisions of this subsection. 
"(14) The Secretary shall carry out the program authorized by 
this subsection through the Commodity Credit Corporation. 
"(15) The provisions of subsection 8(g) of the Soil Conservation and 
Domestic Allotment Act (relating to assignment of payments) shall 
16 USC 590h. 
apply to payments made under this subsection. 
"(16) Notwithstanding any other provision of law, compliance on a 
farm with the terms and conditions of any other commodity pro-
gram may not be required as a condition of eligibility for loans or 
payments under this subsection. 
"(17) In order to encourage and assist producers in the orderly 
ginning and marketing of their extra long staple cotton production, 
the Secretary shall make recourse loans available to such producers 
on seed cotton in accordance with authority vested in the Secretary 
under the Commodity Credit Corporation Charter Act. 
15 USC 714 note. 
"(18) References made in sections 402, 403, 406, 407, and 416 to the 
7 USC 1422, 
terms 'support price', 'level of support', and 'level of price support' 
1^23, 1426, 
shall be considered to apply as well to the level of loans for extra 
' 
long staple cotton under this subsection; and references to the terms 
'price support', 'price support operations', and 'price support pro-
gram' in such sections and in section 401(a) shall be considered as 
7 USC 1421. 
applying as well to the loan operations for extra long staple cotton 
under this subsection.". 
SEC. 5. Section 407 of the Agricultural Act of 1949, as amended, is 7 use 1427. 
amended by adding at the end thereof the following: "Notwithstand-
ing any other provision of law, beginning upon the enactment of the 
Extra Long Staple Cotton Act of 1983, the Commodity Credit Corpo- Ante, p. 494. 
ration may sell extra long staple cotton for unrestricted use at such 
price levels as the Secretary determines appropriate to maintain 
and expand export and domestic markets for such cotton.". 
SEC. 6. Section 1101(1) of the Agriculture and Food Act of 1981 is 7 use 1308. 
amended by deleting "and rice" and inserting in lieu thereof "extra 
long staple cotton, and rice". 
Approved August 26, 1983. 
LEGISLATIVE HISTORY—H.R. 3190: 
HOUSE REPORT No. 98-256 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
June 27, considered and passed House. 
Aug. 4, considered and passed Senate.