An Act to amend section 358 of the Agricultural Adjustment Act of 1938, as amended, to authorize the transfer of peanut acreage allotments
PL 90-211 (H.R.11565), enacted 12/18/1967

658 
PUBLIC LAW 90-211-DEC. 18, 1967 
[81 STAT. 
Public Law 90-211 
December 18, 1967 
[H. R. 11565] 
Agricultural 
Adjustment Act 
of 1938, amend-
ment, 
55 Stat. 88. 
7 u s e 1358. 
Peanut acreage 
allotments, 
transfer author-
ization. 
AN ACT 
To amend section 358 of the Agricultural Adjustment Act of 193S, as amended, 
to authorize the transfer of iieanut acreage allotments. 
Be it enacted hy the Senate and Houae of RepreHentath^eH of the 
United States of America in Congress assembled, That the Agricul-
tural Adjustment Act of 1988, as amended, is amended by addinjr 
after section 858 the following new section: 
"SEC. 858a. (a) Notwithstanding any other provision of law for the 
1968 and 1969 crop years, the Secretary, if he determines that it will 
not impair the effective operation of the peanut marketing quota or 
price-support program, (1) may permit the owner and operator of 
any farm for which a peanut acreage allotment is established under 
this Act to sell or lease all or any part or the right to all or any part of 
such allotment to any other owner or operator of a farm in the same 
county for transfer to such farm; and (2) may permit the owner of a 
farm to transfer all or any part of such allotment to any other farm 
owned or controlled by him. 
"(b) Transfers under this section shall be subject to the following 
conditions: (1) no allotment shall be transferred to a farm in another 
county; (2) no transfer of an allotment from a farm subject to a 
mortgage or other lien shall be permitted unless the transfer is agreed 
to by the lienholders; (8) no sale of a farm allotment from a farm 
shall be permitted if any sale of allotment to the same farm has been 
made within the three immediately preceding crop years; (4) no 
transfer of allotment shall be effective until a record thereof is filed 
with the county committee of the county in which such transfer is 
made and such committee determines that the transfer complies with 
the provisions of this section; and (5) if the normal yield established 
by the county committee for the farm to which the allotment is trans-
ferred 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 lease or sale and transfer shall be ap-
proved acre for acre, but 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 adjustment in the amount 
of the acreage allotment transferred by multiplying the normal 
yield established for the farm from which the allotment is trans-
ferred by the acreage being transferred and dividing the result by 
the normal yield established for the farm to which the allotment is 
transferred: Provided^ That in the event an allotment is transferred 
to a farm .which at the time of such transfer is not irrigated, but 
within five years subsequent to such transfer is placed under irriga-
tion, the Secretary shall also make an annual downward adjustment 
in the allotment so transferred by multiplying the normal yield estab-
lished for the farm from which the allotment is transferred by the 
acreage being transferred and dividing the result by the actual yield 
for the previous year, adjusted for abnormal weather conditions, on 
the farm to which the allotment is transferred: Provided 
further. 
That, notwithstanding any other provision of this Act, the adjustment 
made in any peanut allotment because of the transfer to a higher pro-
ducing farm shall not reduce or increase the size of any future Na-
tional or State allotment and an acreage equal to the total of all 
such adjustments shall not be allotted to any other farms. 
"(c) The transfer of an allotment shall have the effect of trans-
ferring also the acreage history and marketing quota attributable 
to such allotment and if the transfer is made prior to the determina-
tion of the allotment for any year the transfer shall include the right 
81 STAT.] 
PUBLIC LAW 90-212-DEC. 18, 1967 
of the owner or operator to have an allotment determined for the farm 
for such year: Provided^ That in the case of a transfer by lease the 
amount of the allotment shall be considered, for the purpose of deter-
mining allotments 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 peanut allot-
ment has been transferred shall not be eligible for a new farm peanut 
allotment during the five years following the year in which such 
transfer is made. 
"(e) Any lease may be made for such term of years not to exceed 
five as the parties thereto agree, and on such other terms and condi-
tions except as otherwise provided in this section as the parties thereto 
agree. 
"(f) The lease of any part of a peanut acreage allotment deter-
mined for a farm shall not affect the allotment lor the farm from 
which such allotment is transferred or the farm to which it is trans-
ferred, except with respect to the crop year or years specified in the 
lease. The amount of tlie acreage allotment which is leased from a 
farm shall be considered for purposes of determining future allot-
ments to have been planted to peanuts on the farm from which such 
allotment is leased and the production pursuant to the leiise shall not 
be taken into account in establishing allotments for subsequent years 
for the farm to which such allotment is leased. The lessor shall be 
considered to have been engaged in the production of peanuts for pur-
poses of eligibility to vote in the referendum. 
"(g) The Secretary shall prescribe regulations for the administra-
tion of this section which may include reasonable limitation on the 
size of the resulting allotments on farms to which transfers are made 
and such other terms and conditions as he deems necessary, but the 
total peanut allotment transferred to any farm by sale or lease shall 
not exceed fifty acres. 
"(h) If the sale or transfer occurs during a period in which the 
farm is covered by a conservation reserve contract, cropland con-
version 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 m the contract or 
agreement of the farm to which the transfer is made." 
Approved December 18, 1967. 
Public Law 90-212 
AN A C T 
December 18, 1967 
To amend the District of Columbia Teachers' Leave Act of 1949 to remove 
[H. R. 5709] 
certain limitations, and for other purposes. 
D.C. teachers. 
Sick and emer-
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of America 
in Congress assembled^ That the first 
section of the District of Columbia Teachers' Leave Act of 1949 ^ency le^vZ 
(D.C. Code, sec. 31-691) is amended by striking out the third 
sentence thereof. 
(b) The last sentence of section 2 of the District of Columbia 
Teachers' Leave Act of 1949 (D.C. Code, sec. 31-692) is amended to 
read as follows: "No attendance officer shall be entitled to annual or 
sick leave with pay under the provisions of any other Act." 
(c) Section 4 of the District of Columbia Teachers' Leave Act of 
1949 (D.C. Code, sec, 31-694) is amended by striking out "twenty-five" 
and inserting in lieu thereof "thirty". 
Approved December 18, 1967.