Page:United States Statutes at Large Volume 110 Part 1.djvu/954

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110 STAT. 930 PUBLIC LAW 104-127—APR. 4, 1996 "(i) if not less than 90 percent of the basic quota (the farm quota and temporary quota transfers), plus any poundage quota transferred to the farm under this subsection, has been planted or considered planted on the farm from which the quota is to be leased; and "(ii) under such terms and conditions as the Secretary may by regulation prescribe. "In the case of a fall transfer or a transfer after the normal planting season by a cash lessee, the landowner shall not be required to sign the transfer authorization. A fall transfer or a transfer after the normal planting season may be made not later than 72 hours after the peanuts that are the subject of the transfer are inspected and graded. " (B) PERCENTAGE LIMITATIONS ON SPRING TRANSFERS.— Spring transfers under subparagraph (A) by sale or lease of a quota for farms in a county to any owner or operator of a farm outside the county within the same State shall not exceed the applicable percentage specified in this subparagraph of the quotas of all farms in the originating county (as of January 1, 1996) for the crop year in which the transfer is made, plus the total amount of quotas eligible for transfer from the originating county in the preceding crop year that were not transferred in that year or that were transferred through an expired lease. However, not more than an aggregate of 40 percent of the total poundage quota within a county (as of January 1, 1996) may be transferred outside of the county. Cumulative unexpired transfers outside of a county may not exceed for a crop year the following: "(i) For the 1996 crop, 15 percent. "(ii) For the 1997 crop, 25 percent. "(iii) For the 1998 crop, 30 percent. "(iv) For the 1999 crop, 35 percent. "(v) For the 2000 and subsequent crops, not more than an aggregate of 40 percent of the total poundage quota within the county as of January 1, 1996. " (C) CLARIFICATION REGARDING FALL TRANSFERS. — The limitation in subparagraph (B) does not apply to 1-year fall transfers, which in all cases may be made to any farm in the same State. "(D) EFFECT OF TRANSFER. —Any farm poundage quota transferred under this paragraph shall not result in any reduction in the farm poundage quota for the transferring farm if the transferred quota is produced or considered produced on the receiving farm."; and (B) by adding at the end the following: " (4) TRANSFERS IN COUNTIES WITH SMALL QUOTAS.—Notwithstanding paragraphs (1) and (2), in the case of any county in a State for which the poundage quota allocated to the county was less than 100,000 pounds for the preceding year's crop, all or any part of a farm poundage quota may be transferred by sale or lease or otherwise from a farm in the county to a farm in another county in the same State.".