An Act to amend and extend the provisions of the Sugar Act of 1948, as amended, and for other purposes
PL 92-138 (H.R.8866), enacted 10/14/1971

85 STAT. ] 
PUBLIC LAW 92-138-OCT. 14, 1971 
Public Law 92-137 
AN ACT 
To extend the Federal Water Pollution Control Act, as amended, for one month. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. Section 5(n) of the Federal Water Pollution Control 
Act, as amended (33 U.S.C. 466 et sec[.), is amended by inserting after 
the first sentence thereof the following: "There is authorized to be 
appropriated not to exceed $7,000,000 for the period ending October 31, 
1971, in addition to funds made available under Public Law 92-50." 
SEC, 2. The funds authorized to be appropriated in section 6(e) of 
the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 
et seq.), for the fiscal year ending June 30, 1971, shall remain avail-
able until October 31,1971. 
SEC. 3. Section 7(a) of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. 466 et seq.), is amended by striking "and for 
the three month period ending September 30, 1971, $2,500,000." and 
inserting in lieu thereof "and for the four month period ending 
October 31,1971, $4,000,000." 
SEC. 4. The second sentence of section 8(d) of the Federal Water 
Pollution Control Act, as amended (33 U.S.C. 466 et seq.), is amended 
by striking "$500,000,000 for the three-month period ending Sep-
tember 30, 1971." and inserting in lieu thereof "$650,000,000 for the 
four-month period ending October 31,1971." 
Approved October 13, 1971. 
379 
October 13, 1971 
[S.2613] 
Federal Water 
Pollution Control 
Act, extension. 
80 Stat. 1247; 
84 Stat. I l l , 113. 
33 u s e 1155. 
Ante, p. 124. 
33 u s e 1156. 
Public Law 92-138 
AN ACT 
To amend and extend the provisions of the Sugar Act of 1948, as amended, 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Sugar Act Amendments of 1971". 
SEC. 2. Section 101 of the Sugar Act of 1948, as amended, is 
amended— 
(1) by striking out "the Virgin Islands," in subsection (j); 
(2) by amending subsection (o) to read as follows: 
"(o) The term 'continental United States' means the States (except 
Hawaii) and the District of Columbia."; and 
(3) by adding at the end thereof the following new subsection: 
"(p) The term 'mainland cane sugar area' means the States of 
F"lorida and Louisiana." 
SEC. 3. Section 201 of the Sugar Act of 1948, as amended, is amended 
to read as follows: 
October 14, 1971 
[H. R. 8866] 
Sugar Act 
Amendments of 
1971. 
61 Stat. 922; 
73 Stat. 141, 
7 u s e 1101. 
76 Stat. 156. 
7 use n i l . 
380 
PUBLIC LAW 92-138-OCT. 14, 1971 
[85 STAT. 
"Parity index 
(1967 = 100)," 
"Wholesale 
price index," 
Domestic 
quotas, alloca-
tion, 
76 Stat, 156; 
79 Stat, 1271. 
7 u s e 1112, 
Supra. 
"ANNUAL ESTIMATE OF CONSUMPTION I N CONTTNENTAL UNITED STATES 
"SEC. 201. (a) The Secretary shall determine for each calendar year, 
beginning with 1972, the amount of sugar needed to meet the require-
ments of consumers in the continental United States and to attain the 
price objective set forth in subsection (b). Such determination shall 
be made during October of the year preceding the calendar year for 
which the determination is being made and at such other times there-
after as may be required to attain such price objective. 
"(b) The price objective referred to in subsection (a) is a price for 
raw sugar which would maintain the same ratio between such price 
and the average of the parity index (1967=100) and the wholesale 
price index (1967=100) as the ratio that existed between (1) the 
simple average of the monthly price objective calculated for the period 
September 1, 1970, through August 31, 1971, under this section as in 
effect immediately prior to the date of enactment of the Sugar Act 
Amendments of 1971, and (2) the simple average of such two indexes 
for the same period. 
"(c) For purposes of subsection (b)— 
"(1) The term 'parity index (1967=100)' means the Index of 
Prices Paid by Farmers for Commodities and Services, including 
Interest, Taxes, and Farm Wage Rates, as published monthly by 
the Department of Agriculture. 
" (2) The term 'wholesale price index' means such index as deter-
mined monthly by the Department of Labor." 
SEC. 4. (a) Section 202(a) of the Sugar Act of 1948, as amended, is 
amended to read as follows: 
"(a)(1) For domestic sugar-producing areas, by apportioning 
among such areas 6,910,000 short tons, raw value, as follows: 
Short tons, 
"Area 
' 
raw value 
Domestic beet sugar 
3, 406, 000 
Mainland cane sugar 
1, 539, 000 
Hawaii 
1,110, 000 
Puerto Rico 
855, 000 
Total 
6, 910,000 
"(2) To or from the sum of 4,945,000 short tons, raw value, of the 
quotas for the domestic beet sugar and mainland cane sugar areas there 
shall be added or deducted, as the case may be, an amount equal to 65 
per centum of the amount by which the Secretary's determination of 
requirements of consumers in the continental United States pursuant 
to section 201 for the calendar year is greater than or less than 
11,200,000 short tons, raw value. Such amount shall be apportioned 
between the domestic beet sugar area and the mainland cane sugar 
area on the basis of the quotas for such areas established under para-
graph (1) of this subsection in effect immediately prior to the date 
of enactment of the Sugar Act Amendments of 1971. 
76 Stat. 156. 
7 use n i l 
85 STAT. ] 
PUBLIC LAW 92-138-OCT. 14, 1971 
381 
"(3) Notwithstanding the foregoing provisions of this subsection, 
whenever the production of sugar in Hawaii or Puerto Rico in any 
year results in there being available for marketing in the continental 
United States in any year sugar in excess of the quota for such area 
for such year established under paragraph (1) of this subsection, the 
quota for the immediately following year established for such area 
under such paragraph shall be increased to the extent of such excess 
production, except that in no event shall the quota for Hawaii or 
Puerto Rico, as so increased, exceed the quota which would have been 
established for such area at the same level needed to meet the require-
ments of consumers under the provisions of this subsection in effect 
immediately prior to the date of enactment of the Sugar Act Amend-
ments of 1962. Whenever sugar produced in Hawaii or Puerto Rico 
in any year is prevented from being marketed or brought into the con- note." 
tinental United States in that year for reasons beyond the control of 
the producer or shipper of such sugar, the quota for the immediately 
following year established for such area under paragraph (1) of this 
subsection and the preceding sentence shall, within the limitations of 
the preceding sentence and section 207, be increased by an amount 
^°^'' P* ^^^' 
equal to (A) the amount of sugar so prevented from being marketed 
or brought into the continental United States, reduced by (B) the 
amount of such sugar which has been sold to any other nation instead 
of being held for marketing in the continental United States. 
"(4) Beginning with 1973 or as soon thereafter as the quota or 
quotas can be used, there shall be established for any new continental 
cane sugar producing area or areas a quota or quotas of not to exceed 
a total for all such areas of 100,000 short tons, raw value, subject to 
the requirements of section 302 of this Act," 
^°«'' P- ^se. 
(b) Section 202(b) of such Act is amended to read as follows: 
Republic o
f the 
" (b) For the Republic of the Philippines, in the amount of 1,126,020 
7Vst'atl^ 1271. 
short tons, raw value." 
7 use 1112. 
(c) Section 202(c) of such Act is amended— 
tnes^'^" 
(1) by striking out paragraph (2); 
(2) by amending paragraph (3) to read as follows: 
"(3) For individual foreign countries other than the Republic of 
the Philippines and Ireland, by prorating the amount of sugar deter-
mined under paragraph (1) of this subsection, less the amounts 
required to establish a quota as provided in paragraph (4) of this 
subsection for Ireland, among' foreign countries on the following 
basis: 
" (A) For countries in the Western Hemisphere: 
"Country 
I'er centum 
Cuba 
23. 74 
Dominican Republic 
12. 80 
Mexico 
11. 32 
Brazil 
H 04 
Peru 
j \ 90 
West Indies 
4_ 12 
Ecuador 
1 63 
Argentina 
1.53 
Costa Rica 
1_ ^g 
Colombia 
1. 3(3 
coun-
382 
PUBLIC LAW 92-138-OCT. 14, 1971 
[85 STAT. 
"Country 
Per centum 
Panama 
1- 29 
Nicaragua 
!• 29 
Venezuela 
1- 23 
Guatemala 
1-18 
El Salvador 
• 86 
British Honduras 
. 68 
Haiti 
• 62 
Bahamas 
• 54 
Honduras 
• 24 
Bolivia 
• 13 
Paraguay 
• 13 
"(B) For countries outside the Western Hemisphere: 
"Country 
^^"^ centum 
Australia 
5.02 
Republic of China 
2. 09 
India 
2.01 
South Africa 
1, 42 
Fiji 
1.10 
Mauritius 
. 74 
Swaziland 
, 74 
Thailand 
. 
. 46 
Southern Rhodesia 
. 37 
Malawi 
. 37 
Uganda 
. 37 
Malagasy Republic 
. 30 
"(C) Notwithstanding the provisions of subparagraphs (A) and 
(B), for the calendar year 1972 the proration for Panama shall be 
0.85 per centum and for Malawi shall be zero per centum and the 
proration for the other countries named in subparagraphs (A) and 
(B) shall be increased proportionately."; and 
(3) by amending paragraph (4) to read as follows: 
"(4) For Ireland, in the amount of 5,351 short tons, raw value, of 
sugar. The quota provided by this paragraph shall apply for any 
calendar year only if the Secretary obtains such assurances from such 
country as he may deem appropriate prior to September 15 preceding 
such calendar year (October 31,1971, for the calendar year 1972) that 
the quota for such year will be filled with sugar produced in such 
country." 
Tulc'imV' 
(d) Section 202(d) of such Act is amended— 
(1) by striking out "that are members of the Organization of 
American States" in paragraph ( l ) ( A ) ( i i ) ; 
(2) by striking out "quotas then in effect for such countries" in 
paragraph (1) (B) and inserting in lieu thereof "percentages 
stated therein"; 
(3) by striking out "the Bahama Islands, Bolivia, Honduras, 
and" in paragraph (3) ; 
(4) by striking out "August" and inserting in lieu thereof 
"June" in paragraph (4); and 
me^"°*notmc'"-" 
^^^ ^7 Striking out "1965" each place it appears in paragraph 
men , no i ica 
^^ j ^^^ inserting in lieu thereof "1971". 
(e) Section 202(e) of such Act is amended by inserting "or under 
Post. p. 389. 
section 408 (c)" after "subsection (d) (1> of this section". 
(f) Section 202(f) of such Act is amended to read as follows: 
"(i) Whenever any quota is required to be reduced pursuant to 
subsection (e) or because of a reduction in the requirements of con-
Ante, p. 379. 
sumers under section 201 of this Act, and the amount of sugar im-
ported from any country or marketed from any area at the time of 
such reduction exceeds the reduced quota, the amount of such excess 
shall, notwithstanding any other provision of this section, be charged 
to the quota established for such country or domestic area for the next 
succeeding calendar year. Sugar from any country which at the time 
Ireland. 
Cuban reserve. 
85 STAT. ] 
PUBLIC LAW 92-138-OCT. 14, 1971 
383 
of reduction in quota has not been imported but is covered by author-
izations for importation issued by the Secretary not more than five 
days prior to the scheduled date of departure shown on the authoriza-
tion shall be permitted to be entered and charged to the quota estab-
lished for such country for the next succeeding calendar year." 
(g) Section 202 (g) of such Act is amended to read as follows: 
?rstat"T27%*!°"' 
"(g) (1) The Secretary is authorized to limit, on a quarterly basis 
7 use 1112. 
' 
only, the importation of sugar within the quota for any foreign coun-
try during the first quarter of 1972 if he determines that such limita-
tion is necessary to achieve the objectives of the Act. 
"(2) The Secretary is not authorized during the last three quarters 
of 1972 arid the full year 1973, or in any year thereafter except as pro-
vided herein, to limit the importation of sugar within the quota for 
any foreign country through the use of limitations applied on other 
than a calendar year basis. 
"(3) In order to attain on an annual average basis the price objec-
tive determined pursuant to the formula specified in section 201 of this 
Act, the Secretary shall make adjustments in the determination of ^"^^' ^' ^^^' 
requirements of consumers in accordance with the following provisions: 
(A) the determination of requirements of consumers shall not be 
adjusted whenever the simple average of the prices of raw sugar for 
seven consecutive market days is less than 4 per centum (or, in the case 
of any seven consecutive market day period ending after October 31 of 
any year and before March 1 of the following year, 3 per centum) 
above or below the average price objective so determined for the pre-
ceding two calendar months; (B) the determination of requirements 
of consumers shall be adjusted to the extent necessary to attain such 
price objective whenever the simple average of prices of raw sugar 
for seven consecutive market days is 4 per centum or more (or, in the 
case of any seven consecutive market day period ending after October 
31 of any year and before March 1 of the following year, 3 per centum 
or more) above or below the average price objective so determined for 
the preceding two calendar months; and (C) the determination of 
requirements of consumers for the current year shall not be reduced 
after November 30 of such year, but any required reduction shall 
instead be made in such determination for the following year. If in the 
twelve-month period ending October 31 of any year after 1972 the 
average price of raw sugar is less than 99 per centum of the price 
objective determined pursuant to the formula set forth in section 201 
(except in the twelve-month period ending October 31, 1973—97 per 
centum) then, with respect to each subsequent calendar year, the Sec-
retary is authorized after November 30 of the preceding year to limit, 
on a quarterly basis only, the importation of sugar within the quota 
of any foreign country during the first or second quarter, or both, of 
such subsequent year if he determines that such limitation is necessary 
to achieve the objectives of the Act. 
"(4) The Secretary is not authorized to issue any regulation under 
this Act restricting the importation, shipment, or storage of sugar to 
one or more particular geographical areas. 
"(5) The imposition of limitations on a quarterly basis under this 
subsection shall not operate to reduce the quantity of sugar permitted 
to be imported for any calendar year from any country below its quota 
for that year." 
SEC. 5. (a) Section 204(a) of the Sugar Act of 1948, as amended, is . ?"°'^ deficits, 
„.,^„„ •!„ •] 
^ 
' 
' 
aetermination, 
amended— 
allocation. 
(1) by striking out the first sentence and inserting in lieu there- 
l^J^r^', }?I^' 
of the following: "The Secretary shall, at the time he makes his 
' ^''^ ''''*• 
determination of requirements of consumers for each calendar year 
and on December 15 preceding each calendar year, and as often 
384 
PUBLIC LAW 92-138-OCT. 14, 1971 
[85 STAT. 
thereafter as the facts are ascertainable by him but in any event 
not less frequently than each sixty days after the beginning of 
each calendar year, determine whether, in view of the current 
inventories of sugar, the estimated production from the acreage of 
sugarcane or sugar beets planted, the normal marketings within 
a calendar year of new-crop sugar, and other pertinent factors, 
any area or country will not market the quota for such area or 
countrv."; 
(2) by striking out "If" in the second sentence and inserting in 
lieu thereof "Whenever" and by striking out "will be unable to" 
in such sentence and inserting in lieu thereof "will not"; 
(3) by amending the first proviso in the second sentence to read 
as follows: '•''Provided^ That any deficit resulting from the inabil-
ity of a country which is a member of the Central American Com-
mon Market to fill its quota or its share of any deficit determined 
under the foregoing provisions of this subsection shall first be 
allocated to the other member countries on the basis of the quotas 
Ante, p. 380. 
determined pursuant to section 202 for such countries:"; 
(4) by striking out "will be unable to" in the third, fifth, sixth, 
and eighth sentences and inserting in lieu thereof "will not"; 
(5) by striking out the tenth and eleventh sentences and insert-
ing in lieu thereof the following: "In determining and allocating 
deficits the Secretary shall act to provide at all times throughout 
the calendar year the full distribution of the amount of sugar 
which he has determined to be needed under section 201 of this 
Act to meet the requirements of consumers."; 
(6) by striking out "quotas then in effect" wherever it appears 
and inserting in lieu thereof "quotas determined pursuant to 
section 202"; and 
(7) by striking out "47.22" wherever it appears and inserting in 
lieu thereof "30.08". 
\Z^VT ^'''°' 
^^ Section 204 of the Sugar Act of 1948, as amended, is amended 
r'g^stat. 1275. 
by adding at the end thereof the following new subsection: 
"(c) Notwithstanding the foregoing provisions of this section and 
section 211 (c), if the Secretary determines that Hawaii or Puerto Rico 
will be unable to fill its quota established under section 203 for market-
ing for local consumption on a day-to-day basis, he shall allocate a 
total amount of sugar not in excess of such deficit to the domestic beet 
sugar area or the mainland cane sugar area, or both, to be filled by 
direct consumption or raw sugar, as he determines to be required for 
local consumption." 
Quota allot- 
gj;c. 6. Scctlou 205(a) of the Sugar Act of 1948, as amended, is 
^^i"^ s'tat, 160, 
amended by striking out the third sentence and inserting in lieu thereof 
7 use 1115. 
the following: "The Secretary is authorized in making such allotments, 
whenever there is involved any allotment that pertains to a new or 
substantially enlarged existing sugar beet processing facility serving 
a locality or localities which have received an acreage allotment under 
Post, p. 386. 
section 302(b) (3) or that pertains to a sugar beet processing facility 
Post, p. 387. 
described in section 302(b) (9), to take into consideration in lieu of 
or in addition to the foregoing factors of processing, past marketings 
and ability to market, the need for establishing an allotment which 
will permit such marketing of sugar as is necessary for reasonably 
efficient operation of any such sugar beet processing facility during 
each of the first three years of its operation." 
Tusc^'i/S^' 
^^^- '^' Section 206 of the Sugar Act of 1948, as amended, is 
amended— 
(1) by striking out subsections (a) and (b) and inserting in 
lieu thereof the following: 
7 u s e 1114. 
7 u s e 1121. 
7 u s e 1113. 
85 STAT.] 
PUBLIC LAW 9 2 - 1 3 8 - O C T . 14, 1971 
385 
"(a) If the Secretary determines that the prospective importation 
Beet sugar mo-
or bringing into the continental United States, Hawaii, or Puerto Ifo^lfmuati^nr 
Rico of any sugar-containing product or mixture or beet sugar 
molasses will substantially interfere with the attainment of the objec-
tives of this Act, he may limit the quantity of such product, mixture, 
or beet sugar molasses to be imported or brought in from any country 
or area to a quantity which he determines will not so interfere: 
Provided^ That the quantity to be imported or brought in from any 
country or area in any calendar year shall not be reduced below the 
average of the quantities of such product, mixture, or beet sugar 
molasses annually imported or brought in during such three-year 
period as he may select for which reliable data of the importation or 
bringing in of such product, mixture, or beet sugar molasses are 
available. 
"(b) In the event the Secretary determines that the prospective 
importation or bringing into the continental L^nited States, Hawaii, or 
Puerto Rico, of any sugar-containing product or mixture or beet sugar 
molasses will substantially interfere with the attainment of the objec-
tives of this Act and there are no reliable data available of such impor-
tation or bringing in of such product, mixture, or beet sugar molasses 
for three consecutive years, he may limit the quantity of such product, 
mixture, or beet sugar molasses to be imported or brought in annually 
from any country or area to a quantity which the Secretary determines 
will not substantially interfere with the attainment of the objectives 
of the Act. In the case of a sugar-containing product or mixture, such 
quantity from any one country or area shall not be less than a quantity 
containing one hundred short tons, raw value, of sugar or liquid 
sugar.-'; and 
(2) by adding at the end thereof the following ncAv subsection: 
confectionery 
"(d) Notwithstanding the foregoing provisions of this section, the '*"° ^' 
Secretary shall each year, beginning with the calendar year 1972, limit 
the quantity of sweetened chocolate, candy, and confectionery pro-
vided for in items 156.30 and 157.10 of part 10, schedule 1, of the Tariff 
Schedules of the United States M'hich may be entered, or withdrawn 'J'^J^ ^'il'oa^' 
from warehouse, for consumption in the United States as hereinafter 
1
9 use 1
2
0
*
2
. 
provided. The quantity which may be so entered or withdrawn during 
any calendar year shall be determined in the fourth quarter of the 
preceding calendar year and the total amount thereof shall be equiva-
lent to the larger of (1) the average annual quantity of the products 
entered, or withdrawn from warehouse, for consumption under the 
foregoing items of the Tariff Schedules of the United States for the 
three calendar years immediately preceding the year in which such 
quantity is determined, or (2) a quantity equal to 5 per centum of the 
amount of sweetened chocolate and confectionery of the same descrip-
tion of United States manufacture sold in the United States during 
the most recent calendar year for which data are available. The total 
quantity to be imported under this subsection may be allocated to 
countries on such basis as the Secretary determines to be fair and 
reasonable, taking into consideration the past importations or entries 
from such countries. For purposes of this subsection the Secretary 
shall accept statistical data of the United States Department of Com-
merce as to the quantity of sweetened chocolate and confectionery of 
L'nited States manufacture sold in the United States." 
SEC. 8. Section 207 of the Sugar Act of 1948, as amended, is 
oirect-
1 1 
consumption sugar. 
amended— 
76 stat. 161. 
(1) by striking out "such year" in subsection (a) and inserting 
7 use 1117. 
in lieu thereof "the preceding year"; 
(2) by amending subsection (b) to read as follows: 
386 
PUBLIC LAW 92-138-OCT. 14, 1971 
[85 STAT. 
Ante, p. 380. 
61 Stat. 928. 
7 u s e 1119. 
7 u s e 1121. 
7 u s e 1122. 
76 Stat. 164; 
79 Stat. 1278. 
7 u s e 1132. 
Mainland cane 
area, proportion-
ate shares. 
Sugar beet 
production his-
tory, disposition. 
New sugar beet 
areas, acreage 
allocation. 
"(b) The quota for Puerto Rico established under section 202 for 
any calendar year may be filled by direct-consumption sugar not to 
exceed an amount equal to 1.5 per centum of the first eleven million 
short tons, raw value, of the Secretary's determination for the preced-
ing year issued pursuant to section 201, plus 0.5 per centum of any 
amount of such determination above eleven million short tons, raw 
value, except that 126,033 short tons, raw value, of such direct-con-
sumption sugar shall be principally of crystalline structure."; and 
(3) b}^ striking out subsection (c). 
SEC. 9. Section 209(a) of the Sugar Act of 1948, as amended, is 
amended by striking out "from Hawaii, Puerto Rico, the Virgin 
Islands, or foreign countries," and inserting in lieu thereof "from any 
foreign country or any other area outside the continental United 
States". 
SEC. 10. Section 211(a) of the Sugar Act of 1948, as amended, is 
amended by striking out "continental United States" and inserting in 
lieu thereof "United States, including Puerto Rico,". 
SEC. 11. Section 212 of the Sugar Act of 1948, as amended, is amended 
by striking out "sugar or" in clauses (1) and (2) and inserting in lieu 
thereof "direct consumption sugar or". 
SEC. 12. (a) Section 302(b) of the Sugar Act of 1948, as amended, is 
amended— 
(1) by adding at the end of paragraph (1) the following: "In 
establishing proportionate shares for farms in the mainland cane 
sugar area, the Secretary may establish separate State acreage 
allocations, may determine and administer the proportionate 
shares for fai-ms in one State by a method different from that used 
in another State, may include in such State allocation an acreage 
reserve to compensate for anticipated unused proportionate 
shares, may make conditional allocations to farms from such 
reserve and establish conditions which must be met in order for 
such allocations to be final, may make an adjustment in a State's 
allocation in any year to compensate for a deficit or surplus in a 
prior year if the actual amount of unused proportionate shares in 
such State for such prior year was larger or smaller than such 
anticipated amount of unused proportionate shares, and, in estab-
lishing State allocations and farm proportionate shares, may use 
whatever prior crop year or years he considers equitable in his 
consideration of past production."; 
(2) by adding at the end of paragraph (2) the following: "The 
personal sugar beet production history of a farm operator who 
dies, or becomes incapacitated, shall accrue to the legal representa-
tive of his estate or to a member of his immediate family if such 
legal representative or family member continues within three 
years of such death or incapacity the customary sugar beet opera-
tions of the deceased or incapacitated operator. If in any year 
during this period sugar beets were not planted by such legal 
representative or member of the family, production history shall 
be credited to such year equal to the acreage last planted by the 
deceased or incapacitated farm operator."; 
(3) by amending paragraph (3) to read as follows: 
"(3) In order to make acreage available for growth and expansion 
of the beet sugar industry, t:he Secretary, in addition to protecting the 
interests of new and small producers hj regulations generally similar 
to those heretofore promulgated by him pursuant to this Act, shall 
allocate as needed from the national sugar beet requirements estab-
lished by him, during 1972, 1973, and 1974, the acreage required to 
yield not more than a total of 100,000 short tons, raw value, of sugar 
for localities to be served by new or substantially enlarged existing 
85 STAT. ] 
PUBLIC LAW 92-138-OCT. 14, 1971 
387 
sugar beet processing facilities. Allocations shall be for a period of 
three years and limited for any one processing facility to the acreage 
required to yield a maximum of 50,000 short tons, raw value, of sugar 
and a minimum of 25,000 short tons, raAv value, of sugar. The acreage 
so allocated shall be distributed on a fair and reasonable basis to new 
and old sugar beet farms to the extent that it can be utilized without 
regard to any other acreage allocations to States determined by the 
Secretary. At the time the Secretary allocates acreage for a new or sub- pe^" rai'^Re'grster. 
stantially enlarged existing sugar beet processing facility for any year, 
which determination shall be made as far in advance of such year as 
practicable, such allocation shall thereby be committed to be in effect 
for the year in w^hich production of sugar beets is scheduled to com-
mence or to be substantially increased in the locality or localities deter-
mined by the Secretary to receive such acreage allocation for such year, 
such determination by the Secretary shall be final, and such commit-
ment of acreage allocation shall be irrevocable upon issuance of such 
determination of the Secretarj^ by publication in the Federal Reg-
ister ; except that if the Secretary finds in any case that the construc-
tion of new or the substantial enlargement of existing sugar beet 
processing facilities and the contracting for processing of sugar beets 
has not proceeded in substantial accordance with the representations 
made to him as a basis for his determination of acreage allocation, he 
shall revoke such determination in accordance with and upon publica-
tion in the Federal Register of such findings. In determining acreage 
allocations for a locality or localities serving new or substantially 
enlarged existing sugar beet facilities and whenever proposals are 
made to construct new or to substantially enlarge existing sugar beet 
processing facilities in two or more localities (where sugar beet pro-
duction is proposed to be commenced or to be substantially increased 
in the same year), the Secretary shall base his determination and 
selection upon the firmness of capital commitment, the proven suita-
bility of the area for growing sugar beets and the relative qualifications 
of localities and proposals under such criteria. In making his determi-
nation under the preceding sentence, the Secretary shall give a 
preference to any processing facility located or to be located in or 
adjacent to growing areas where processing facilities were closed dur-
ing 1970 or thereafter if he finds that sugar beets can and will be 
grown in sufficient quantity and quality to make the production of 
sugar beets and the operation of such facility successful. If propor-
tionate shares are in effect in either of the two years immediately 
following the year for which such initial acreage allocation is made 
in any locality, the Secretary shall adjust the initial allocation in the 
same proportion as the State's acreage is adjusted from its acreage 
of the year in which such initial allocation was made."; 
(4) by amending paragraph (4) to read as follows: 
"(4) The allocation of the national sugar beet acreage requirement 
to States for sugar beet production, as well as the acreage allocation 
for new or substantially enlarged existing sugar beet processing facili-
ties, shall be determined by the Secretary after investigation and 
notice and opportunity for an informal public hearing."; 
(5) by striking out "in any local producing area" in paragraph 
(5); 
. 
(6) by amending paragraph (9) to read as follows: 
" (9) The Secretary is authorized to reserve from the national sugar 
beet acreage requirements established by him for the 1972, 1973, and 
1974 crops of sugar beets the acreage required to yield 25^000 short 
tons of sugar, raw value, for any sugar beet processing facility which 
closed during 1970, if he is satisfied that such facility will resume oper-
ations and will be operated successfully and that the area which will 
76 Stat. 165. 
7 u s e 113 2. 
79 Stat. 1279. 
75-432 O - 72 - 27 
388 
PUBLIC LAW 92-138-OCT. 14, 1971 
[85 STAT. 
New cane sugar 
areas. 
61 Stat. 930. 
7 use 1132. 
Ante, p. 380. 
Publication in 
Federal Register, 
7 u s e 1133. 
61 Stat. 932. 
7 u s e 1137. 
7 u s e 1153. 
serve such facility is suitable for growing sugar beets. The Secretary 
shall allocate the acreage provided for in this paragarph to farms on 
such basis as he determines necessary to accomplish the purposes for 
which such acreage is provided under this paragraph."; and 
(7) by adding at the end of such subsection a new paragraph 
as follows: 
"(10) The Secretary shall credit to the farm of any producer (or 
to the producer in a personal history State) who has lost a market for 
sugar beets as a result of (A) the closing of a sugar beet factory in any 
year after 1970; (B) the complete discontinuance of contracting by a 
processor after 1970 in a State; or (C) the discontinuance of contract-
ing by a processor after 1970 in a substantial portion of, a State in 
which the processor contracted a total of at least 2,000 acres of the 1970 
crop of sugar beets, an acreage history (or production history) for 
each of the next three years equal to the average acreage planted on 
the farm (or by the producer) in the last three years of such factory's 
operation or processor's contracting, and any unused proportionate 
share shall not be transferred to other farms (or producers)." 
(b) Section 302(c) of such Act is amended to read as follows: 
"(c) In order to enable any new cane sugar producing area to fill 
the quota to be established for such area under section 202(a) (4), the 
Secretary shall allocate an acreage which he determines is necessary 
to enable the area to meet its quota and provide a normal carryover 
inventory. Such acreage shall be fairly and equitably distributed to 
farms on the basis of land, labor, and equipment available for the 
production of sugarcane, and the soil and other physical factors affect-
ing the production of sugarcane. The acreage allocation for any year 
shall be made as far in advance of such year as practicable, and the 
commitment of such acreage to the area shall be irrevocable upon issu-
ance of such determination by publication thereof in the Federal Reg-
ister, except that, if the Secretary finds in any case that construction 
of sugarcane facilities and the contracting for processing of sugar-
cane has not proceeded in substantial accordance with the representa-
tion made to him as a basis for his determination of distribution of 
acreage, he shall revoke such determination in accordance with and 
upon publication in the Federal Register of such findings. In making 
his determination for the establishment of a quota and the allocation 
of the acreage required in connection with such quota, the Secretary 
shall base such determination upon the firmness of capital commit-
ment and the suitability of the area for growing sugarcane and, where 
two or more areas are involved, the relative qualifications of such areas 
under such criteria. If proportionate shares are in effect in such area 
in the two years immediately following the year for which the sugar-
cane acreage allocation is committed for any area, the total acreage 
of proportionate shares established for farms in such area in each 
such two years, shall not be less than the larger of the acreage com-
mitted to such area or the acreage which the Secretary determines to 
bie required to enable the area to fill its quota and provide for a normal 
carryover inventory." 
SEC. 13. Section 303 of the Sugar Act of 1948, as amended, is 
amended by striking out "which cause such damage to all or a substan-
tial part of the crop of sugar beets or sugarcane in the same factory 
district (as established by the Secretary), county, parish, municipal-
ity, or local producing areas,". 
SEC. 14. Section 307 of the Sugar Act of 1948, as amended, is 
amended by striking out "Puerto Rico, and the Virgin Islands" and 
inserting in lieu thereof "and Puerto Rico". 
SEC. 15. Section 403 of the Sugar Act of 1948, as amended, is 
amended by adding at the end thereof a new subsection as follows: 
85 STAT. ] 
PUBLIC LAW 92-138-OCT. 14, 1971 
389 
"(c) Whenever the Secretary determines that such action is neces- ^i/''?lPff,l!f 
sary to protect the interests of the United States, consumers ot sugar, 
or the exporters or importers of sugar, he is authorized to require, in 
accordance with such rules and regulations as he may prescribe, any 
or all shipments of imported sugar to be weighed by persons not con-
trolled, directly or indirectly, by any person having a direct financial 
interest in such sugar." 
SEC. 16. Section 404 of the Sugar Act of 1948, as amended, is amended 
^ iy|'^t- ^^^^ 
by inserting before the period at the end of the first sentence the fol-
lowing: "and, except as provided in sections 205 and 306, to review 1/3^^^ ^^^^' 
any regulation issued pursuant to this Act in accordance with chapter 
7 of title 5, United States Code". 
_ 
fvsTwu' 
SEC. 17. Section 408(c) of the Sugar Act of 1948^ as amended, is 
Expropriation, 
amended to read as follows: 
^Tg^^st^at. 1280. 
" (c) In any case in which a nation or a political subdivision thereof 
7 use iiss. * 
has, on or after January 1, 1961, (1) nationalized, expropriated, or 
otherwise seized the ownership or control of the property or business 
enterprise owned or controlled by United States citizens or any corpora-
tion, partnership, or association not less than 50 per centum beneficially 
owned by United States citizens, or (2) imposed upon or enforced 
against such property or business enterprise so owned or controlled, 
discriminatory taxes or other exactions, or restrictive maintenance or 
operational conditions (including limiting or reducing participation 
in production, export, or sale of sugar to the United States under quota 
allocation pursuant to this Act) not imposed or enforced with respect 
to the property or business enterprise of a like nature owned or oper-
ated by its own nationals or the nationals of any government other than 
the Government of the United States, or (3) imposed upon or enforced 
against such property or business enterprise so owned or controlled, 
discriminatory taxes or other exactions, or restrictive maintenance or 
operational conditions (including limiting or reducing participation 
in production, export, or sale of sugar to the United States under quota 
allocation pursuant to this Act), or has taken other actions, which have 
the effect of nationalizing, expropriating or otherwise seizing owner-
ship or control of such property or business enterprise, or (4) violated 
the provisions of any bilateral or multilateral international agreement 
to which the United States is a party, designed to protect such prop-
erty or business enterprise so owned or controlled, and has failed within 
six months following the taking of action in any of the above categories 
to take appropriate and adequate steps to remedy such situation and 
to discharge its obligations under international law toward such citizen 
or entity, including the prompt payment to the owner or owners of 
such property or business enterprise so nationalized, expropriated or 
otherwise seized or to provide relief from such taxes, exactions, condi-
tions or breaches of such international agreements, as the case may be, 
or to arrange, with the agreement of the parties concerned, for sub-
mitting the question in dispute to arbitration or conciliation in accord-
ance with procedures under which final and binding decision or 
settlement will be reached and full payment or arrangements with the 
owners for such payment made within twelve months following such 
submission, the President may withhold or suspend all or any part of 
the quota under this Act of such nation, and either in addition or as an 
alternative, the President may, under such terms and conditions as he 
may prescribe, cause to be levied and collected at the port of entry an 
impost on any or all sugar sought to be imported into the United 
States from such nation in an amount not to exceed $20 per ton, such 
moneys to be covered into the Treasury of the United States into a 
special trust fund, and he shall use such fund to make payment of 
claims arising on or after January 1,1961, as a result of such national-
ization, expropriation, or other type seizure or action set forth herein, 
390 
PUBLIC LAW 92-139-OCT. 15, 1971 
[85 STAT. 
79 Stat. 1271. 
7 u s e 1112. 
65 Stat. 320; 
70 Stat. 221. 
7 u s e 1101 
note. 
68A Stat. 533; 
76 Stat. 77. 
26 u s e 4501, 
79 Stat. 1280. 
7 u s e 1131, 
Effective dates. 
except that if siicli nation participates in the quota for the West Indies, 
the President may suspend a portion of the quota for the West Indies 
which is not in excess of the quantity imported from that nation during 
the preceding year, until he is satisfied that appropriate steps are being 
taken, and either in addition or as an alternative he may cause to be 
levied and collected an impost in an amount not to exceed $20 per ton 
on any or all sugar sought to be imported into the United States from 
such nation for the payment of claims as provided herein. Any quan-
tity so withheld or suspended shall be allocated under section 202(d) 
(1) (B) of this Act. With respect to any action taken during 1961 in 
any of the categories set forth in this subsection, the provisions of this 
subsection relating to levying and collecting an impost shall apply only 
if the President so determines." 
SEC. 18. (a) Section 412 of the Sugar Act of 1948, as amended, is 
amended to read as follows: 
"TERMINATION 
"SEC. 412. The powers vested in the Secretary under this Act shall 
terminate on December SI, 1974, or on March 31 of the year of termi-
nation of the tax imposed by section 4501(a) of the Internal Revenue 
(^ode of 1954, whichever is the earlier date, except that the Secretary 
shall have power to make payments under title III— 
"(1) under programs applicable to the crop year 1974 and pre-
vious crop years, if the powers vested in the Secretary otherwise 
terminate on December 31, 1974, or 
"(2) under programs applicable to the crop years preceding the 
calendar year in w^hich the tax imposed under section 4501(a) of 
the Internal Revenue Code of 1954 terminates, if the powers 
vested in the Secretary otherwise terminate before December 31, 
1974." _ 
(b) Section 4501(b) of the Internal Revenue Code of 1954 (relating 
to termination of tax on manufactured sugar) is amended by striking 
out "June 30, 1972" each place it appears therein and inserting in lieu 
thereof "June 30, 1975, or June 30 of the first year commencing after 
the effective date of any law limiting payments under title I I I of the 
Sugar Act of 1948, as amended, whichever is the earlier date". 
SEC. 19. The provisions of this Act shall become effective on Janu-
ary 1, 1972, except that the amendments made by sections 3, 4, 5, and 
7(2) of this Act shall become effective on the date of enactment of this 
Act for purposes of actions relating to 1972 and subsequent years. 
Approved October 14, 1971. 
October 15, 1971 
[H. J, Res. 916] 
eontinuing 
appropriations, 
1972. 
Ante, p, 182, 
Public Law 92-139 
JOINT RESOLUTION 
Making further continuing appropriations for the fiscal year 1972, and for other 
purposes. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That clause (c) of section 
102 of the joint resolution of July 1, 1971 (Public Law 92-38), as 
amended, is hereby further amended by striking out "October 15, 
1971" and inserting in lieu thereof "November 15, 1971". 
Approved October 15, 1971,