Sec. 205. TOBACCO PAYMENTS
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## SEC. 205 TOBACCO PAYMENTS ###
(a)Definitions In this section: ####
(1)Eligible person The term “**eligible person**” means a person that— #####
(A)owns a farm for which, irrespective of temporary transfers or undermarketings, a basic quota or allotment for eligible tobacco is established for the 2002 crop year under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.); #####
(B)controls the farm from which, under the quota or allotment for the relevant period, eligible tobacco is marketed, could have been marketed, or can be marketed, taking into account temporary transfers; or #####
(C)grows, could have grown, or can grow eligible tobacco that is marketed, could have been marketed, or can be marketed under the quota or allotment for the 2002 crop year, taking into account temporary transfers. ####
(2)Eligible tobacco The term “**eligible tobacco**” means each of the following kinds of tobacco: #####
(A)Flue-cured tobacco, comprising types 11, 12, 13, and 14. #####
(B)Fire-cured tobacco, comprising types 21, 22, and 23. #####
(C)Dark air-cured tobacco, comprising types 35 and 36. #####
(D)Virginia sun-cured tobacco, comprising type 37. #####
(E)Burley tobacco, comprising type 31. #####
(F)Cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44, 54, and 55. ###
(b)Payments Not later than June 1, 2003, the Secretary shall use funds of the Commodity Credit Corporation to make payments under this section. ###
(c)Poundage Payment Quantities ####
(1)In general #####
(A)Flue-cured and cigar tobacco In the case of Flue-cured tobacco (types 11, 12, 13, and 14) and cigar-filler and cigar-binder tobacco (types 42, 43, 44, 54, and 55), the poundage payment quantity under this section shall equal the number of pounds of the basic poundage quota of the kind of tobacco, irrespective of temporary transfers or undermarketings, under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2002 crop year. #####
(B)Other kinds of eligible tobacco In the case of each other kind of eligible tobacco, the poundage payment quantity under this section shall equal— ######
(i)in the case of eligible persons that are owners described in subsection (a)(1)(A), the number of pounds of the basic poundage quota of the kind of tobacco, irrespective of temporary transfers or undermarketings, as determined under paragraph (2); and ######
(ii)in the case of eligible persons that are controllers described in subsection (a)(1)(B) or growers described in subsection (a)(1)(C), the number of pounds of effective poundage quota of the kind of tobacco, including temporary transfers or undermarketings, as determined under paragraph (2). ####
(2)Conversion of individual allotments to poundage payment quantities In the case of each kind of eligible tobacco other than Flue-cured tobacco (types 11, 12, 13, and 14) and Burley tobacco (type 31), individual allotments shall be converted to poundage payment quantities by multiplying— #####
(A)the number of acres that may, irrespective of temporary transfers or undermarketings, be devoted, without penalty, to the production of the kind of tobacco under the allotment under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2002 crop year; by #####
(B)######
(i)in the case of fire-cured tobacco (type 21), 1,746 pounds per acre; ######
(ii)in the case of fire-cured tobacco (types 22 and 23), 2,676 pounds per acre; ######
(iii)in the case of dark air-cured tobacco (types 35 and 36), 2,475 pounds per acre; ######
(iv)in the case of Virginia sun-cured tobacco (type 37), 1,502 pounds per acre; and ######
(v)in the case of cigar-filler and cigar-binder tobacco (types 42, 43, 44, 54, and 55), 2,230 pounds per acre. ###
(d)Available Payment Amounts The available payment amount for each kind of eligible tobacco under subsection
(b)shall not exceed the amount obtained by multiplying— ####
(1)5.55 cents per pound; and ####
(2)the national basic poundage quota for the applicable kind for the 2002 marketing year, as determined under subsection (c)(2). ###
(e)Division of Payments Among Eligible Persons ####
(1)In general Payments available with respect to a pound of payment quantity, as determined under subsection (d), shall be made available to eligible persons in accordance with this paragraph, as determined by the Secretary. ####
(2)Flue-cured and cigar tobacco In the case of payments made available in a State under subsection
(b)for Flue-cured tobacco (types 11, 12, 13, and 14) and cigar-filler and cigar-binder tobacco (types 42, 43, 44, 54, and 55), the Secretary shall distribute (as determined by the Secretary)— #####
(A)50 percent of the payments to eligible persons that are owners described in subsection (a)(1)(A); and #####
(B)50 percent of the payments to eligible persons that are growers described in subsection (a)(1)(C). ####
(3)Other kinds of eligible tobacco In the case of payments made available in a State under subsection
(b)for each other kind of eligible tobacco not covered by paragraph (2), the Secretary shall distribute (as determined by the Secretary)— #####
(A)33⅓ percent of the payments to eligible persons that are owners described in subsection (a)(1)(A); #####
(B)33⅓ percent of the payments to eligible persons that are controllers described in subsection (a)(1)(B); and #####
(C)33⅓ percent of the payments to eligible persons that are growers described in subsection (a)(1)(C). ###
(f)Special Rule for Georgia The Secretary may make payments under this section to eligible persons in Georgia only if the State of Georgia agrees to use $13,000,000 to make payments at the same time, or subsequently, to the same persons in the same manner as provided for the Federal payments under this section, as required by section 204(b)(6) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106–224). ###
(g)Judicial Review A determination by the Secretary under this section shall not be subject to judicial review.
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U.S. Code
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- 7 USC 1311
- Pub. L. 106-224
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