12 2 STA T .98 8 PUBLIC LA W 11 0– 2 34—M A Y 22 , 2008 base, base don a r ando m dra wi n gf rom among th e re qu ests re c ei v ed under c l ause ( ii ).‘ ‘( F ) STA T EWID E R EA L L OC ATIO N . — ‘‘(i) I N G ENERAL.— A n y acreage base remaining unassigned after the transfers and p rocesses described in subparagraphs (A) through ( E ) shall be made avail - able to the State committee of the Farm Service Agency for allocation among the remaining county committees in the State representing counties with farms eligible for assignment of the base, based on a random drawing. ‘‘(ii) ALLOCATION.—Any county committee receiving acreage base under this subparagraph shall allocate the acreage base to eligible farms using the process described in subparagraph (E). ‘‘( G ) STAT US O F REASSIGNED B ASE.—After acreage base has been reassigned in accordance with this subparagraph, the acreage base shall— ‘‘(i) remain on the farm
and ‘‘(ii) be sub j ect to the transfer provisions of para- graph ( 1 ). ’ ’; and ( 2 ) in subsection (d)— (A) in paragraph (1)— (i) by inserting ‘‘affected’’ before ‘‘crop-share owners’’ each place it appears; and (ii) by stri k ing ‘‘, and from the processing company holding the applicable allocation for such shares,’’; and ( B ) in paragraph (2), by striking ‘‘based on’’ and all that follows through the end of subparagraph (B) and inserting ‘‘based on— ‘‘(A) the number of acres of sugarcane base being trans- ferred; and ‘‘(B) the pro rata amount of allocation at the processing company holding the applicable allocation that equals the contribution of the grower to allocation of the processing company for the sugarcane acreage base being trans- ferred.’’. (h) A P PEALS.—Section 359 i of the Agricultural Adjustment Act of 193 8 ( 7U .S. C . 1359ii) is amended— (1) in subsection (a), by inserting ‘‘or 359g(d)’’ after ‘‘359f’’; and (2) by striking subsection (c). (i) R EALLOCATING SUGAR Q UOTA I M PORT S H ORTFALLS.—Section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is repealed. (j) ADMINISTRATION OF T ARIFF RATE QUOTAS.— P art V II of sub- title B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa) (as amended by subsection (i)) is amended by adding at the end the following
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‘ SEC.359k . ADMIN IS TR ATI O NO F TARIFF RATE QU OTAS. ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—E x cept as provided in paragraph (2) and notwithstanding any other provision of law, at the begin- ning of the quota year, the Secretary shall establish the tariff- rate quotas for raw cane sugar and refined sugars at the minimum level necessary to comply with obligations under 7USC1359k k .
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