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OCR Page 1 of 66http://thomas.loc.gov/c..r105:./temp/~r1055RkKpW
http://thomas.loc.gov/cgi-bin/query/C?r105:./temp/-r1055RkKpW
(II) the average county yield per acre for the county in which the farm is located for the type of tobacco.
(6) Payments for lost tobacco quota to quota lessees and quota tenants: Except as otherwise
provided in this subsection, during any marketing year in which the national marketing quota for a type
of tobacco is less than the average national marketing quota for the type of tobacco for the 1995 through
1997 marketing years, the Secretary shall make payments for lost tobacco quota to each quota lessee and
quota tenant, for types of tobacco other than flue-cured tobacco, that is eligible under subsection (b) in
an amount that is equal to the product obtained by multiplying--
(A) the percentage by which the national marketing quota for the type of tobacco is less than the average
national marketing quota for the type of tobacco for the 1995 through 1997 marketing years;
(B) the base quota level for the quota lessee or quota tenant; and
(C) $4 per pound.
(7) Lifetime limitation on payments: Except as otherwise provided in this subsection, the total amount
of payments made under this subsection to a quota holder, quota lessee, or quota tenant during the
lifetime of the quota holder, quota lessee, or quota tenant shall not exceed the product obtained by
multiplying--
(A) the base quota level for the quota holder, quota lessee, or quota tenant; and
(B) $8 per pound.
(8) Limitations on aggregate annual payments:
(A) In general: Except as otherwise provided in this paragraph, the total amount payable under this
subsection for any marketing year shall not exceed the amount made available under paragraph (1).
(B) Accelerated payments: Paragraph (1) shall not apply if accelerated payments for lost tobacco quota
are made in accordance with paragraph (12).
(C) Reductions: If the sum of the amounts determined under paragraphs (3), (5), and (6) for a marketing
year exceeds the amount made available under paragraph (1), the Secretary shall make a pro rata
reduction in the amounts payable under paragraphs (5) and (6) to quota holders, quota lessees, and quota
tenants under this subsection to ensure that the total amount of payments for lost tobacco quota does not
exceed the amount made available under paragraph (1).
(D) Rollover of payments for lost tobacco quota: Subject to subparagraph (A), if the Secretary makes
a reduction in accordance with subparagraph (C), the amount of the reduction shall be applied to the next
marketing year and added to the payments for lost tobacco quota for the marketing year.
(E) Additional payments to quota holders exercising option to relinquish quota: If the amount made
available under paragraph (1) exceeds the sum of the amounts determined under paragraphs (3), (5), and
(6) for a marketing year, the Secretary shall distribute the amount of the excess pro rata to quota holders
that have exercised an option to relinquish a tobacco farm marketing quota or farm acreage allotment
under paragraph (2) by increasing the amount payable to each such holder under paragraph (3).
(9) Subsequent sale and transfer of quota: Effective beginning with the 1999 marketing year, on the
sale and transfer of a farm marketing quota or farm acreage allotment under section 316(g) or 319(g) of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(g), 1314e(g))--
(A) the person that sold and transferred the quota or allotment shall have--
(i) the base quota level attributable to the person reduced by the base quota level attributable to the quota
that is sold and transferred; and
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