7 U.S.C. § 3703 — State and regional plans

Page 1666 TITLE 7—AGRICULTURE § 3606 § 3606. Repealed. Pub. L. 105–362, title I, § 101(g), Nov. 10, 1998, 112 Stat. 3281 Section, Pub. L. 96–236, § 6, Apr. 22, 1980, 94 Stat. 337, related to protection of interests of United States con- sumers. CHAPTER 68—AGRICULTURAL SUBTERMINAL FACILITIES Sec. 3701. Congressional findings and declarations. 3702. Definitions. 3703. State and regional plans. § 3701. Congressional findings and declarations Congress finds and declares that— (1) an adequate system for the efficient tran- sient storage and movement of bulk agricul- tural commodities is essential to the overall success of the agricultural industry of the Na- tion, the development of rural areas of the Na- tion, and the economic stability of the Nation; (2) the movement and storage of bulk agri- cultural commodities has been seriously and repeatedly impeded by shortages of transient storage facilities, adequate rail rolling stock, and the deterioration of many railroad track beds and rural highways throughout the United States; (3) the efficient movement and storage of bulk agricultural commodities may be achieved and facilitated by the joint location at strategic points throughout the United States of transient storage facilities and multimodal terminal facilities constructed es- pecially for the efficient shipment and receipt of agricultural commodities; and (4) the location of such facilities must be carefully planned to assure maximum benefits to producers of agricultural commodities and unprocessed agricultural products and utiliza- tion of the most efficient means of trans- porting bulk agricultural commodities for do- mestic and export markets. (Pub. L. 96–358, § 2, Sept. 25, 1980, 94 Stat. 1184.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–358, § 6, Sept. 25, 1980, 94 Stat. 1189, provided that: ‘‘The provisions of this Act [enacting this chapter and amending section 1932 of this title] shall become ef- fective October 1, 1980.’’ SHORT TITLE Pub. L. 96–358, § 1, Sept. 25, 1980, 94 Stat. 1184, pro- vided: ‘‘That this Act [enacting this chapter and amending section 1932 of this title] may be cited as the ‘Agricultural Subterminal Facilities Act of 1980’.’’ § 3702. Definitions As used in this chapter, the term— (1) ‘‘bulk agricultural commodity’’ means any agricultural commodity that can be trans- ported in bulk and can be temporarily stored in bulk quantities without undergoing proc- essing or packaging. Such term also includes any commodity or product that is used by pro- ducers in the production of agricultural com- modities and that can be stored or shipped in bulk, such as fertilizer and fuel; (2) ‘‘unprocessed agricultural products’’ means food, fiber, and other agricultural prod- ucts that have not been packaged or otherwise prepared for retail sale, including animal prod- ucts and unfinished cotton, wool, leather, or any other unfinished natural material; (3) ‘‘Secretary’’ means Secretary of Agri- culture; (4) ‘‘subterminal facility’’ means any facility that is located in the area of production or consumption of agricultural commodities or any major storage or major export point for such commodities and is located at a place that conveniently serves the needs of pro- ducers, purchasers, and consumers of bulk ag- ricultural commodities, and is— (A) used for the transient storage of bulk agricultural commodities and may include equipment or structures necessary for the transportation, upgrading, receiving, drying, or loading out of such commodities; or (B) any rail siding, loading, or unloading facility that can accommodate unit railroad trains or multiple car trains and other ap- propriate transportation modes designed for the transport of bulk agricultural commod- ities and production materials; and (5) ‘‘region’’ means two or more States act- ing together to develop a coordinated regional subterminal facilities plan. (Pub. L. 96–358, § 3, Sept. 25, 1980, 94 Stat. 1184.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in the introductory phrase, was in the original ‘‘this Act,’’ meaning Pub. L. 96–358, Sept. 25, 1980, 94 Stat. 1184, known as the Agricultural Subterminal Facilities Act of 1980, which enacted this chapter and amended section 1932 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, see section 6 of Pub. L. 96–358, set out as a note under section 3701 of this title. § 3703. State and regional plans (a) Grants; requisite provisions of plans (1) The Secretary shall, beginning not more than one hundred and eighty days after October 1, 1980, make financial assistance available to any State that makes application therefor, and that otherwise meets the requirements of this section, for the purpose of assisting such State in the development of a subterminal facilities plan (hereinafter in this chapter referred to as the ‘‘State plan’’) for such State. Assistance under this section shall be made available in the form of a grant. No grant may be made to any State unless the Governor of such State or the appropriate agency of such State makes an ap- plication therefor as provided in this section. To the maximum extent practicable, the personnel and resources of the colleges or universities in the State which are eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301–305, 307, and 308), or the Act of August 30, 1890 (7 Page 1667 TITLE 7—AGRICULTURE § 3703 U.S.C. 321–326 and 328), including Tuskegee Insti- tute, shall be utilized in developing the subter- minal facilities plan for that State pursuant to this section. (2) The Secretary may also make grants under this section available to two or more States act- ing together to develop a coordinated regional subterminal facilities plan (hereinafter in this chapter referred to as the ‘‘regional plan’’) for such region. (3) Grants made under this section to any State or region may not exceed 80 per centum of the cost of preparing the State or regional plan. (4) The State or regional plan shall prescribe in detail the actions such State or region pro- poses to take in order to (A) facilitate the effi- cient and competitive movement of bulk agri- cultural commodities from the points of produc- tion within such State or region to major mar- ket or export points, (B) provide adequate stor- age facilities for such commodities between points of production and market, (C) provide adequate receiving, storage, and loading facili- ties for any bulk agricultural commodity, and (D) assure that such facilities will be located at sites that will result in maximum benefits to local producers. (5) Each State or regional plan shall include the following: (A) an analysis of the marketing, shipping, storage, and production of bulk agricultural commodities produced in that State or region and the short- and long-range projections with respect to the marketing, shipping, storage, and production of such commodities in that State or region; (B) a determination, on the basis of the anal- ysis and projections required under clause (A) of this paragraph, of the needs of the State or region for subterminal facilities; (C) an assessment of the use of existing on- farm storage facilities located within the State or region and an assessment of the ways in which subterminal facilities can benefit the continued use of on-farm storage facilities; (D) an evaluation of the effect of the devel- opment of new subterminal facilities on small capacity rural shipping and storage facilities within the State or region; (E) an evaluation of ways to ensure adequate rail service for subterminal facilities described in clause (D) of this paragraph, including an evaluation of the use and feasibility of con- tract rates; (F) an assessment of the ways that subter- minal facilities can enhance the operation of small capacity shipping and storage facilities within the State or region; (G) an assessment of other actions being taken or considered in such State or region for the improvement of agricultural transpor- tation, including an evaluation of the use being made of shuttle or collector trains and combinations of rail and barge service; (H) an evaluation of the potential benefits of subterminal ownership and leasing arrange- ments for rail rolling stock (including loco- motive power), motor trucks, barge equip- ment, and other bulk agricultural commodity transport equipment that may help achieve maximum benefits from the operation of sub- terminal facilities within the State or region; (I) an assessment of the overall transpor- tation system in the State or region and fu- ture plans for that overall system, including the adequacy of highways and bridges; and (J) consideration of the feasibility and advis- ability of the ownership and operation of rail branch lines by farmer-owned cooperatives, and the role that such cooperatives might play in any overall planning for the restructuring and rehabilitation of rail service and mar- keting facilities within the State or region. (b) Plan review commissions Funds made available to a State or region under this chapter for the purposes of assisting such State or region to develop a plan shall be subject to the condition that the State or region establish a plan review commission composed of local producers, local elevator operators, rep- resentatives of affected motor and rail carriers, other interested individuals, and, when appro- priate in the judgment of the Secretary, con- sumers of bulk agricultural commodities used in the production of unprocessed agricultural prod- ucts. A majority of the members of any plan re- view commission must be local producers or, when appropriate in the judgment of the Sec- retary, consumers of bulk agricultural commod- ities used in the production of unprocessed agri- cultural products. The plan review commission shall consider the information and analyses de- veloped by the State or region in the develop- ment of a State or regional plan and make ap- propriate recommendations regarding the State or regional plan. The plan review commission shall also make recommendations, based on in- formation developed in the plan, for the most beneficial location of subterminal facilities. (c) Recommendations of need No application for planning assistance author- ized pursuant to this section may be submitted by a State or region until the appropriate plan review commission established in accordance with this chapter has had the opportunity to make recommendations to the Governor or Gov- ernors that a need exists for the development of a State or regional plan, and a majority of the members of such plan review commission concur that such application should be submitted. (d) Prerequisites for receipt of grant No State or region may receive a grant under this section unless— (1) an application therefor has been sub- mitted that complies with the provisions of this chapter; (2) the average annual production of bulk ag- ricultural commodities produced within such State or region, or shipments of such commod- ities transported into such State or region, meets minimum levels established by the Sec- retary for a period the Secretary considers ap- propriate preceding the year in which applica- tion for such grant is made; (3) the Governor of such State or the Gov- ernors of the States in such region certify to the Secretary that producers of agricultural commodities have experienced serious storage and transportation problems within such State or region during the three years pre- ceding the year in which application for such grant is made; and Page 1668 TITLE 7—AGRICULTURE § 3801 (4) such State or each State within such re- gion has established an adequate plan, as de- scribed in section 22102 of title 49, for rail serv- ice in such State or States, or such State or each State in such region is actively devel- oping such a plan. (e) Approved State plans; approved regional plans Whenever any State or region has submitted a State or regional plan under this section, the Secretary shall approve such plan only if it has been approved by a majority of the members of the appropriate plan review commission estab- lished pursuant to this chapter, and it meets the other conditions specified in this chapter and those prescribed in regulations issued by the Secretary to carry out this chapter. When a plan is approved by the Secretary, such plan shall be known as an ‘‘approved State plan’’ or an ‘‘ap- proved regional plan’’, as appropriate. (f) Authorization of appropriations To carry out the purposes of this section, there are authorized to be appropriated not to exceed $3,300,000 for each of the fiscal years end- ing September 30, 1981, September 30, 1982, and September 30, 1983. (Pub. L. 96–358, § 4, Sept. 25, 1980, 94 Stat. 1185.) Editorial Notes REFERENCES IN TEXT Act of July 2, 1862 (7 U.S.C. 301–305, 307, and 308), re- ferred to in subsec. (a)(1), is act July 2, 1862, ch. 130, 12 Stat. 503, popularly known as the ‘‘Morrill Act’’ and also as the ‘‘First Morrill Act’’, which is classified gen- erally to subchapter I (§ 301 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under 301 of this title and Tables. Act of August 30, 1890 (7 U.S.C. 321–326 and 328), re- ferred to in subsec. (a)(1), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural Col- lege Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 321 of this title and Tables. CODIFICATION In subsec. (d)(4), ‘‘section 22102 of title 49’’ substituted for ‘‘section 5(j) of the Department of Transportation Act (49 U.S.C. 1654(j))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Previously, section 5 of the Depart- ment of Transportation Act was amended generally by Pub. L. 101–213, § 2(c), Dec. 11, 1989, 103 Stat. 1843, and, as so amended, provisions of subsec. (j), relating to an adequate State plan, were set out in subsec. (a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, see section 6 of Pub. L. 96–358, set out as a note under section 3701 of this title. CHAPTER 69—SWINE HEALTH PROTECTION Sec. 3801. Congressional findings and declaration of pur- pose. 3802. Definitions. 3803. Prohibition of certain garbage feeding; ex- emption. Sec. 3804. Permits to operate garbage treatment facil- ity. 3805. Civil penalties. 3806. Criminal penalties. 3807. General enforcement provisions. 3808. Cooperation with States. 3809. Primary enforcement responsibility. 3810. Repealed. 3811. Issuance of regulations; maintenance of rec- ords. 3812. Authority in addition to other laws; effect on State laws. 3813. Authorization of appropriations. § 3801. Congressional findings and declaration of purpose The Congress hereby finds and declares that— (1) raw garbage is one of the primary media through which numerous infectious or commu- nicable diseases of swine are transmitted; (2) if certain exotic animal diseases, such as foot-and-mouth disease, African swine fever, hog cholera, and swine vesicular diseases, gain entrance into the United States, such diseases may be spread through the medium of raw or improperly treated garbage which is fed to swine; (3) African swine fever, which is potentially the most dangerous and destructive of all communicable swine diseases, has been con- firmed in several countries of the Western Hemisphere, including the Dominican Repub- lic, Haiti, and Cuba; (4) swine in the United States have no resist- ance to any of such exotic diseases and in the case of African swine fever there is a par- ticular danger because there are no effective vaccines to this deadly disease; (5) all articles and animals which are regu- lated under this chapter are either in inter- state or foreign commerce or substantially af- fect such commerce, and regulation by the Secretary and cooperation by the States and other jurisdictions as contemplated by this chapter are necessary to prevent and elimi- nate burdens upon such commerce, to effec- tively regulate such commerce, and to protect the health and welfare of the people of the United States; (6) the interstate and foreign commerce in swine and swine products and producers and consumers of pork products could be severely injured economically if any exotic animal dis- eases, particularly African swine fever, enter this country; (7) it is impossible to assure that all garbage fed to swine is properly treated to kill disease organisms unless such treatment is closely regulated; (8) therefore, in order to protect the com- merce of the United States and the health and welfare of the people of this country, it is nec- essary to regulate the treatment of garbage to be fed to swine and the feeding thereof in ac- cordance with the provisions of this chapter. (Pub. L. 96–468, § 2, Oct. 17, 1980, 94 Stat. 2229.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–468, § 1, Oct. 17, 1980, 94 Stat. 2229, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Swine Health Protection Act’.’’