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7 U.S.C. § 8783 — Administration generally
Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Commodity Credit Corporation** Except as otherwise provided in this chapter, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.
**(b) Determinations by Secretary** A determination made by the Secretary under this chapter shall be final and conclusive.
**(c) Regulations**
(1) **In general** — Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter shall be made without regard to—
(A) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
(3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim).
(4) **Interim regulations** — Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an
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Source location: Title 7, Chapter 113, § 8783; chapter-113-agricultural-commodity-support-programs.md
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**(a) Use of Commodity Credit Corporation** Except as otherwise provided in this chapter, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.
**(b) Determinations by Secretary** A determination made by the Secretary under this chapter shall be final and conclusive.
**(c) Regulations**
(1) **In general** — Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter shall be made without regard to—
(A) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”);
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).
(3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim).
(4) **Interim regulations** — Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an interim rule.
**(d) Adjustment authority related to trade agreements compliance**
(1) **Required determination; adjustment** — If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in [section 3501 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim)) will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.
(2) **Congressional notification** — Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal dairy policy changes** The Secretary of Agriculture shall conduct a study of the effects of—
(1) terminating all Federal programs relating to price support and supply management for milk; and
(2) granting the consent of Congress to cooperative efforts by States to manage milk prices and supply.
**(b) Fluid milk identity standards** The Secretary shall conduct a study of the effects of including in the standard of identity for fluid milk a required minimum protein content that is commensurate with the average nonfat solids content of bovine milk produced in the United States.
**(c) Reports** Not later than 1 year after May 13, 2002, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the studies required by this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 93–618, title II, § 287, as added Pub. L. 100–418, title I, § 1428(b), Aug. 23, 1988, 102 Stat. 1255, which imposed an additional fee, did not become effective pursuant to section 1430(b) of Pub. L. 100–418, set out below.
#### Effective Date
Pub. L. 100–418, title I, § 1430, Aug. 23, 1988, 102 Stat. 1256, as amended by Pub. L. 100–647, title IX, § 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided that: “(a) In General.—Except as otherwise provided by this section, the amendments made by this part [part 3 (§§ 1421–1430) of subtitle D of title I of Pub. L. 100–418, enacting this section and sections 2318 and 2396 of this title, amending sections 2272, 2275, 2291 to 2293, 2295, 2296, 2311, 2317, 2341, and 2346 of this title, and amending provisions set out as a note preceding [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim)] shall take effect on the date of enactment of this Act [Aug. 23, 1988]. “(b) Additional Fee.—“(1) Except as otherwise provided in this subsection, the amendment made by section 1428(b) [enacting this section] shall apply (if at all) to any article entered, or withdrawn from warehouse for consumption, after the date that is 30 days after the earlier of—“(A) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(A) [set out as a note below], “(B) the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], or “(C) the date of the enactment of a disapproval resolution that passes both Houses of the Congress within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act. “(2) If the President determin
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–198, title I, § 153, Dec. 23, 1985, 99 Stat. 1377; Pub. L. 100–418, title IV, § 4308, Aug. 23, 1988, 102 Stat. 1399; Pub. L. 100–435, title I, § 106, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101–624, title I, § 114, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–465, title IV, § 411(b), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title I, § 148, Apr. 4, 1996, 110 Stat. 920; Pub. L. 107–171, title I, § 1503(a), May 13, 2002, 116 Stat. 207; Pub. L. 110–234, title I, § 1503, May 22, 2008, 122 Stat. 992; Pub. L. 110–246, § 4(a), title I, § 1503, June 18, 2008, 122 Stat. 1664, 1721, related to the dairy export incentive program.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding section 801—
(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping, or
(2) any rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the rule determines.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of additional funds** Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities.
**(b) Amount of additional funds** Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of—
(1) the fiscal year 1995 Pay-As-You-Go savings; and
(2) the 5-year Pay-As-You-Go savings;
under [section 902 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), resulting from the enactment of the Federal Crop Insurance Reform Act of 1994.
**(c) Effective date** This section shall take effect on December 8, 1994.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture is authorized to provide assistance under this section to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire.
**(b) Form of assistance** The assistance, if any, provided by the Secretary under this section shall consist of either—
(1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or
(2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.
**(c) Conditions**
(1) **Limitation on assistance** — No person may receive an amount in excess of $25,000 in any fiscal year, or an equivalent value in tree seedlings, under this section.
(2) **Ineligibility** — A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary, shall not be eligible to receive any disaster payment or other benefits under this section.
(3) **Implementation** — In implementing this section, the Secretary shall issue regulations—
(A) defining the term “person” for the purposes of this section that shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1308 11 See References in Text note below. of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008);
(B) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this subsection; and
(C) ensuring that no person receives duplicative payments or assistance under this section, the Cooperativ
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Cooperative association” defined** As used in this chapter, the term “cooperative association” means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services: Provided, however, That such associations are operated for the mutual benefit of the members thereof as such producers or purchasers and conform to one or both of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; and Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum. And in any case to the following: Third. That the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of such business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by such association.
**(b) Speculation prohibited** It shall be unlawful for the governor, or any officer or employee of the Farm Credit Administration to speculate directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such c
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Federal law — U.S. Code and appendices · legal_authorities
Page 2245
TITLE 7—AGRICULTURE
§ 8783
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other
than sections 404, 412, and 416 (7 U.S.C. 1424,
1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of certain quota provisions
The joint resolution entitled ‘‘A joint resolu-
tion relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act
of 1938, as amended’’, approved May 26, 1941 (7
U.S.C. 1330 and 1340), shall not be applicable to
the crops of wheat planted for harvest in the
calendar years 2008 through 2012.
(Pub. L. 110–234, title I, § 1602, May 22, 2008, 122
Stat. 1001; Pub. L. 110–246, § 4(a), title I, § 1602,
June 18, 2008, 122 Stat. 1664, 1729.)
Editorial Notes
REFERENCES IN TEXT
The Agricultural Adjustment Act of 1938, referred to
in subsec. (a), is act Feb. 16, 1938, ch. 30, 52 Stat. 31,
which is classified principally to chapter 35 (§ 1281 et
seq.) of this title. Parts II through V of subtitle B of
title III of the Act are classified generally to subparts
II (§ 1321 et seq.), III (§ 1331 et seq.), IV (§ 1341 et seq.),
and V (§ 1351, which was omitted from the Code), respec-
tively, of part B of subchapter II of chapter 35 of this
title. Subtitle D of title III of the Act is classified gen-
erally to part D (§ 1379a et seq.) of subchapter II of
chapter 35 of this title. Title IV of the Act was classi-
fied generally to subchapter III (§ 1401 et seq.) of chap
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