388
New cane sugar areas. 61 Stat. 930. 7 USC 1132. Ante, p. 380.
Publication in Federal Register,
7 USC 1133.
61 Stat. 932. 7 USC 1137. 7 USC 1153.
PUBLIC LAW 92-138-OCT. 14, 1971
[85 STAT.
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 contracting 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) I n 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 affecting 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 issuance of such determination by publication thereof in the Federal Register, except that, if the Secretary finds in any case that construction of sugarcane facilities and the contracting for processing of sugarcane has not proceeded in substantial accordance with the representation 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 commitment 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 sugarcane 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 committed 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 substantial part of the crop of sugar beets or sugarcane in the same factory district (as established by the Secretary), county, parish, municipality, 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:
�
