118 STAT. 1528 PUBLIC LAW 108–357—OCT. 22, 2004 (A) the basic tobacco farm acreage allotment for the 2002 marketing year established by the Secretary for quota tobacco produced on the farm; by (B) the average annual yield, per acre, of quota tobacco produced on the farm for the period covering the 2001, 2002, and 2003 crop years. (d) CONTRACT PAYMENTS.— (1) CALCULATION OF TOTAL PAYMENT AMOUNT.—Subject to subsection (b)(2), the total amount of contract payments to which an eligible producer of quota tobacco is entitled under this section, with respect to a kind of tobacco, shall be equal to the product obtained by multiplying— (A) subject to paragraph (2), $3.00 per pound; by (B) the base quota level of the producer of quota tobacco determined under subsection (c) with respect to that kind of tobacco. (2) ANNUAL PAYMENT.—During each of fiscal years 2005 through 2014, the Secretary shall make a contract payment under this section to each eligible producer of tobacco, with respect to a kind of tobacco, in an amount equal to 1 10 of the amount determined under paragraph (1) for the producer for that kind of tobacco. (3) VARIABLE PAYMENT RATES.—The rate for payments to a producer of quota tobacco under paragraph (1)(A) shall be equal to— (A) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in all three of the 2002, 2003, or 2004 tobacco marketing years, the rate prescribed under paragraph (1)(A); (B) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in only two of those tobacco marketing years, 2 3 of the rate prescribed under paragraph (1)(A); (C) in the case of a producer of quota tobacco that produced quota tobacco marketed, or considered planted, under a marketing quota in only one of those tobacco marketing years, 1 3 of the rate prescribed under paragraph (1)(A). (e) DEATH OF TOBACCO PRODUCER.—If a producer of quota tobacco who is entitled to contract payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the contract payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the producer. SEC. 624. ADMINISTRATION. (a) TIME FOR PAYMENT OF CONTRACT PAYMENTS.—Contract pay ments required to be made for a fiscal year shall be made by the Secretary as soon as practicable. (b) USE OF COUNTY COMMITTEES TO RESOLVE DISPUTES.—Any dispute regarding the eligibility of a person to enter into a contract or to receive contract payments, and any dispute regarding the amount of a contract payment, may be appealed to the county committee established under section 8 of the Soil Conservation 7 USC 518c.
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