[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR723.211]

[Page 116-117]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 723--TOBACCO--Table of Contents
 
     Subpart B--Allotments, Quotas, Yields, Transfers, Release and 
           Reapportionment, History Acreages, and Forfeitures
 
Sec. 723.211  Allotments, quotas, and yields for farms acquired under right of eminent domain.

    (a) Determination of acreage allotments and marketing quotas. The 
determination of farm acreage allotments and marketing quotas for farms 
acquired by an agency having the right of eminent domain, the transfer 
of such allotments or quotas to a pool, and reallocation from the pool 
shall be administered as provided in part 718 of this chapter. Where all 
or a part of an allotment or quota is pooled, all or a proportionate 
part of the farm acreage allotment or marketing quota shall be pooled.
    (b) Closing dates. The State FSA committee shall establish, in 
accordance with instructions issued by the Deputy Administrator, a final 
date for:
    (1) Release. Releasing pooled farm acreage allotment or farm 
marketing quota to the county FSA committee for reapportionment to other 
farms in the county having allotments or quotas for the same kinds of 
tobacco.
    (2) Request for reapportionment. Filing a request to receive 
reapportioned acreage or quota from the county FSA committee for the 
current year.
    (c) Displaced owner release. The displaced owner of a farm may, not 
later than the final release date established by the State FSA committee 
for the current year, release in writing to the county FSA committee for 
the current year, all or any part of the acreage allotment or burley 
tobacco marketing quota for the farm in a pool under part 718 of this 
chapter for reapportionment for the current year by the county committee 
to other farms in the county having allotments or marketing quotas for 
the same kind of tobacco.
    (d) Reapportionment. The county FSA committee may reapportion, not 
later than 30 days after the final date established by the State FSA 
committee for requesting reapportioned acreage or marketing quota for 
the current year, the released acreage or quota or any part thereof to 
other farms in the county on the basis of the past farm acreage or 
marketings and the past farm acreage allotments or quotas for the same 
kind of tobacco; land, labor, and equipment available for the production 
of such kind of tobacco; crop rotation practices; and soil and other 
physical factors affecting the production of such kind of tobacco.
    (e) Effect of reapportionment. For purposes of establishing future 
farm allotments or quotas, any reapportioned allotment or quota shall 
not be considered as planted on the farm to which the allotment or quota 
was reapportioned.
    (f) Burley or flue-cured tobacco provisions. For burley or flue-
cured tobacco:
    (1) Farm yield. The farm yield for a farm to which a pooled 
marketing quota is transferred shall be determined in accordance with 
instructions issued by the Deputy Administrator.
    (2) Undermarketings or overmarketings. The undermarketings of a farm 
acquired by eminent domain shall be added to the marketing quota for the 
receiving farm and the overmarketings of the acquired farm shall be 
subtracted from the marketing quota of the receiving farm.

[[Page 117]]

    (3) Undermarketings while in eminent domain pool. The pooled quota 
is considered planted while in the pool. Therefore, for the purpose of 
determining undermarketings during the time the quota is pooled, the 
effective quota is considered to be zero.