7 U.S.C. § 1444a — Corn and feed grains and cotton pro-

Page 752 TITLE 7—AGRICULTURE § 1444a § 1444a. Corn and feed grains and cotton pro- grams (a) Referendum of 1958 corn producers Not later than December 15, 1958, the Sec- retary shall conduct a referendum of producers of corn in 1958 in the commercial corn-producing area for 1958 to determine whether such pro- ducers favor a price support program as provided in subsection (b) of this section for the 1959 and subsequent crops in lieu of acreage allotments as provided in the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and price support as provided in section 1441 of this title. (b) Operative status of certain provisions Notwithstanding any other provision of law, if less than a majority of the producers voting in the referendum conducted pursuant to sub- section (a) favor a price support program as pro- vided in this subsection (b), the following provi- sions of law shall become inoperative: (1) [Section enacted section 1329a of this title.] (2) [Section enacted section 1444b of this title.] (3) [Section repealed section 1441(d)(4) of this title.] (c) Cotton research program The Secretary of Agriculture is hereby author- ized and directed to conduct a special cotton re- search program designed to reduce the cost of producing upland cotton in the United States at the earliest practicable date. There are hereby authorized to be appropriated such sums, not to exceed $10,000,000 annually, as may be necessary for the Secretary to carry out this special re- search program. The Secretary shall report an- nually to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to the results of such re- search. (d) Cotton insect eradication In order to reduce cotton production costs, to prevent the movement of certain cotton plant insects to areas not now infested, and to en- hance the quality of the environment, the Sec- retary is authorized and directed to carry out programs to destroy and eliminate cotton boll weevils in infested areas of the United States as provided herein and to carry out similar pro- grams with respect to pink bollworms or any other major cotton insect if the Secretary deter- mines that methods and systems have been de- veloped to the point that success in eradication of such insects is assured. The Secretary shall carry out the eradication programs authorized by this subsection through the Commodity Cred- it Corporation. In carrying out insect eradi- cation projects, the Secretary shall utilize the technical and related services of appropriate Federal, State, private agencies, and cotton or- ganizations. Producers and landowners in an eradication zone, established by the Secretary, who are receiving benefits from any program ad- ministered by the United States Department of Agriculture, shall, as a condition of receiving or continuing any such benefits, participate in and cooperate with the eradication project, as speci- fied in regulations of the Secretary. The Secretary may issue such regulations as he deems necessary to enforce the provisions of this subsection with respect to achieving the compliance of producers and landowners who are not receiving benefits from any program admin- istered by the United States Department of Ag- riculture. Any person who knowingly violates any such regulation promulgated by the Sec- retary under this subsection may be assessed a civil penalty of not to exceed $5,000 for each of- fense. No civil penalty shall be assessed unless the person shall have been given notice and op- portunity for a hearing on such charge in the county, parish, or incorporated city of the resi- dence of the person charged. In determining the amount of the penalty the Secretary shall con- sider the appropriateness of such penalty to the size of the business of the person charged, the ef- fect on the person’s ability to continue in busi- ness, and the gravity of the violation. Where special measures deemed essential to achieve- ment of the eradication objective are taken by the project and result in a loss of production and income to the producer, the Secretary shall pro- vide reasonable and equitable indemnification from funds available for the project and also provide for appropriate protection of the allot- ment, acreage history, and average yield for the farm. The cost of the program in each eradi- cation zone shall be determined, and cotton pro- ducers in the zone shall be required to pay up to one-half thereof, with the exact share in each zone area to be specified by the Secretary upon his finding that such share is reasonable and eq- uitable based on population levels of the target insect and the degree of control measures nor- mally required. Each producer’s pro rata share shall be deducted from his cotton payment under this Act or otherwise collected, as pro- vided in regulations of the Secretary. Insofar as practicable, cotton producers and other persons engaged in cotton production in the eradication zone shall be employed to participate in the work of the project in such zone. Funding of the program shall be terminated at such time as the Secretary determines and reports to the Con- gress that complete eradication of the insects for which programs are undertaken pursuant to this subsection has been accomplished. Funds in custody of agencies carrying out the program shall, upon termination of such program, be ac- counted for to the Secretary for appropriate dis- position. The Secretary is authorized to cooperate with the Government of Mexico in carrying out oper- ations or measures in Mexico which he deems necessary and feasible to prevent the movement into the United States from Mexico of any in- sects eradicated under the provisions of this subsection. The measure and character of co- operation carried out under this subsection on the part of the United States and on the part of the Government of Mexico, including the ex- penditure or use of funds made available by the Secretary under this subsection, shall be such as may be prescribed by the Secretary. Arrange- ments for the cooperations authorized by this subsection shall be made through and in con- sultation with the Secretary of State. The Com- Page 753 TITLE 7—AGRICULTURE § 1444b modity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has re- ceived funds to cover such expenditures from ap- propriations made to carry out the purposes of this subsection. There are hereby authorized to be appropriated to the Commodity Credit Cor- poration such sums as the Congress may from time to time determine to be necessary to carry out the purposes of this subsection. (Oct. 31, 1949, ch. 792, title I, § 104, as added Pub. L. 85–835, title II, § 201, Aug. 28, 1958, 72 Stat. 993; amended Pub. L. 88–297, title I, § 103(a), Apr. 11, 1964, 78 Stat. 174; Pub. L. 91–524, title VI, § 611, Nov. 30, 1970, as added Pub. L. 93–86, § 1(24), Aug. 10, 1973, 87 Stat. 235; Pub. L. 103–437, § 4(a)(6), Nov. 2, 1994, 108 Stat. 4581.) Editorial Notes REFERENCES IN TEXT The Agricultural Adjustment Act of 1938, as amended, 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. For complete classification of this Act to the Code, see section 1281 of this title and Tables. This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. CODIFICATION Subsec. (b)(1) of this section, as added by section 201 of Pub. L. 85–835, enacted section 330 of Agricultural Adjustment Act of 1938, which is classified as section 1329a of this title. Subsec. (b)(2) of this section, as added by section 201 of Pub. L. 85–835, enacted section 105 of Agricultural Act of 1949, which is classified as section 1444b of this title. Subsec. (b)(3) of this section, as added by section 201 of Pub. L. 85–835, repealed section 101(d)(4) of Agricul- tural Act of 1949, and was executed to text in the repeal of section 1441(d)(4) of this title. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Com- mittee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. 1973—Subsec. (d). Pub. L. 91–524, § 611, as added Pub. L. 93–86, § 1(24), added subsec. (d). 1964—Subsec. (c). Pub. L. 88–297 added subsec. (c). Statutory Notes and Related Subsidiaries 1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM; OPERATIVE STATUS OF CERTAIN PRO- VISIONS Corn producers voted for adoption of price support program as provided in subsec. (b) of this section (254,262) rather than alternative corn acreage allotment and price support program (102,907), the ballot making operative sections 1329a and 1444b and repeal of section 1441(d)(4) of this title. § 1444b. Feed grains; price support program (a) Notwithstanding the provisions of section 1441 of this title, beginning with the 1964 crop, price support shall be made available to pro- ducers for each crop of corn at such level, not less than 50 per centum or more than 90 per cen- tum of the parity price therefor, as the Sec- retary determines will not result in increasing Commodity Credit Corporation stocks of corn: Provided, That in the case of any crop for which an acreage diversion program is in effect for feed grains, the level of price support for corn of such crop shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines nec- essary to achieve the acreage reduction goal es- tablished by him for the crop. (b) Beginning with the 1959 crop, price support shall be made available to producers for each crop of oats, rye, barley, and grain sorghums at such level of the parity price therefor as the Secretary of Agriculture determines is fair and reasonable in relation to the level at which price support is made available for corn, taking into consideration the feeding value of such com- modity in relation to corn, and the other factors set forth in section 1421(b) of this title. (Oct. 31, 1949, ch. 792, title I, § 105, as added Oct. 31, 1949, ch. 792, title I, § 104(b)(2), as added Pub. L. 85–835, title II, § 201, Aug. 28, 1958, 72 Stat. 994; amended Pub. L. 87–5, § 1, Mar. 22, 1961, 75 Stat. 6; Pub. L. 87–128, title I, § 131, Aug. 8, 1961, 75 Stat. 301; Pub. L. 87–425, § 1, Mar. 30, 1962, 76 Stat. 50; Pub. L. 87–703, title III, §§ 301, 305, Sept. 27, 1962, 76 Stat. 612, 614; Pub. L. 88–26, § 2, May 20, 1963, 77 Stat. 44; Pub. L. 89–112, § 1, Aug. 6, 1965, 79 Stat. 446; Pub. L. 89–321, title III, § 301, Nov. 3, 1965, 79 Stat. 1188; Pub. L. 89–451, § 2, June 17, 1966, 80 Stat. 202; Pub. L. 89–321, title III, § 301, Nov. 3, 1965, as amended Pub. L. 90–559, § 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91–524, title V, § 501, Nov. 30, 1970, 84 Stat. 1368; Pub. L. 91–524, title V, § 501, Nov. 30, 1970, as amended Pub. L. 93–86, § 1(18), Aug. 10, 1973, 87 Stat. 230; Pub. L. 93–86, § 1(18), Aug. 10, 1973, 87 Stat. 230; Pub. L. 93–86, § 1(18), Aug. 10, 1973, as amended Pub. L. 93–125, § 1(d), Oct. 18, 1973, 87 Stat. 450; Pub. L. 93–228, § 1(b), Dec. 29, 1973, 87 Stat. 944.) Editorial Notes CODIFICATION Pub. L. 91–524, as amended by Pub. L. 93–86, amended section generally by substantially revising subsecs. (a) to (e) and enacting subsecs. (f) to (i), effective only through the 1977 crops of feed grains. See 1970 and 1973 Amendment notes and Effective and Termination Dates of 1970 and 1973 Amendment notes below. Prior to such amendment by Pub. L. 91–524 and Pub. L. 93–86, subsec. (c) was applicable only to the 1961 to 1963 crops of feed grains, subsec. (d) was applicable only to the 1964 and 1965 crops of feed grains, and subsec. (e) was applicable only to the 1966 through 1970 crops of feed grains. AMENDMENTS 1973—Pub. L. 93–228 amended feed grains program for 1974 through 1977, as described below. Pub. L. 93–125 amended feed grain loan and purchases price support program for 1974 through 1977, as de- scribed below. Pub. L. 93–86 temporarily enacted feed grain loans and purchases price support program for 1974 through 1977, as described below. See Effective and Termination Dates of 1973 Amendment note below. Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(A), reenacted introductory text without change. Subsec. (a)(1). Pub. L. 91–524, § 501, as amended Pub. L. 93–86, § 1(18)(A), increased minimum corn crop support level from $1.00 to $1.10 per bushel.