[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: 7CFR723.217]

[Page 131-132]
 
                          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. 723.217  Release and reapportionment of old farm acreage allotments for Cigar-filler and Binder (types 42, 43, 44, 54, and 55) tobacco.

    (a) Annual or permanent release of acreage allotments to State 
committee. Except as provided in this paragraph, all or any part of a 
farm acreage allotment on which Cigar-filler and Binder (types 42, 43, 
44, 54, and 55) tobacco will not be produced and which the operator of 
the farm voluntarily releases on an annual basis, or both the owner and 
operator voluntarily releases on a permanent basis, in writing to the 
State FSA committee by not later than the final date for filing releases 
established by the State FSA committee for the current year shall be 
deducted from the allotment of such farm.
    (1) For the farm voluntarily releasing tobacco farm acreage 
allotment on an annual basis, such acreage will be considered as having 
been planted on the releasing farm for the purpose of establishing 
allotments for subsequent years. For the farm receiving such annual 
released acreage, such acreage shall not be taken into account in 
establishing future allotments for the farm. The tobacco history acreage 
for a farm releasing on a permanent basis shall not be taken into 
account in establishing future allotments for the farm. The tobacco 
history acreage for a farm releasing on a permanent basis shall be 
adjusted to reflect the acreage permanently released.
    (2) An acreage allotment shall not be released either annually or 
permanently:

[[Page 132]]

    (i) From the eminent domain allotment pool if an application for 
transfer from the pool has been filed in accordance with part 718 of 
this chapter;
    (ii) From a new farm; or
    (iii) To the extent such acreage is designated for reduction under a 
Conservation Reserve Program contract.
    (b) Reapportionment of released acreage allotment. The acreage 
voluntarily released on an annual or permanent basis for the current 
year may be reapportioned by the State FSA committee to any farm in any 
county in the State including a farm receiving a new farm allotment. The 
State FSA committee shall select the counties to which the released 
acreage will be reapportioned. The county FSA committee shall select the 
farms to which the released acreage will be reapportioned. The State FSA 
committee shall keep records on both an annual and permanent basis of 
the source of acreage released. Any acreage released for the current 
year on a permanent basis which is not reapportioned by the State FSA 
committee in the current year may be reapportioned in the following 
year. The county FSA committee for the county receiving released acreage 
may reapportion the tobacco allotment acreage on an annual or permanent 
basis to other farms in the county in amounts determined by the county 
FSA committee to be fair and reasonable on the basis of land, labor, and 
equipment available for production of Cigarfiller and binder (types 42, 
43, 44, 54, and 55) tobacco; crop rotation practices; and the soil and 
other physical factors affecting the production of tobacco. Released 
acreage should not be reapportioned on a temporary or permanent basis to 
any farm unless there is assurance from the operator to the county FSA 
committee that the released acreage being received will be produced. 
Allotment reapportioned to a farm on an annual basis can only be used by 
the receiving farm for increased production during the current year. 
Allotment reapportioned to a farm on a permanent basis shall be added to 
the current year allotment or shall serve to establish an allotment for 
a farm without a current allotment. A farm shall be eligible to receive 
reapportionment of released acreage on either or both an annual or 
permanent basis only if a written request is filed by the farm owner or 
operator at the office of the county FSA committee not later than the 
final date for filing such requests established by the State FSA 
committee for the current year.