7 U.S.C. § 7258 — Standby authority to indicate entity best

Page 1986 TITLE 7—AGRICULTURE § 7257 2 See References in Text note below. purposes or any other milk, other than Class I (fluid) milk, as defined by a Federal milk mar- keting order issued under section 608c of this title. (3) Duration Consent for the Northeast Interstate Dairy Compact shall terminate on September 30, 2001. (4) Additional States Delaware, New Jersey, New York, Pennsyl- vania, Maryland, and Virginia are the only ad- ditional States that may join the Northeast Interstate Dairy Compact, individually or oth- erwise, if upon entry the State is contiguous to a participating State and if Congress con- sents to the entry of the State into the Com- pact after April 4, 1996. (5) Compensation of Commodity Credit Cor- poration Before the end of each fiscal year that a Compact price regulation is in effect, the Northeast Interstate Dairy Compact Commis- sion shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation that result from the projected rate of increase in milk production for the fiscal year within the Compact region in excess of the projected national average rate of the increase in milk production, as determined by the Secretary. (6) Milk marketing order Administrator At the request of the Northeast Interstate Dairy Compact Commission, the Adminis- trator of the applicable Federal milk mar- keting order issued under section 608c(5) 2 of this title shall provide technical assistance to the Compact Commission and be compensated for that assistance. (7) Further conditions The Northeast Interstate Dairy Compact Commission shall not prohibit or in any way limit the marketing in the Compact region of any milk or milk product produced in any other production area in the United States. The Compact Commission shall respect and abide by the ongoing procedures between Fed- eral milk marketing orders with respect to the sharing of proceeds from sales within the Com- pact region of bulk milk, packaged milk, or producer milk originating from outside of the Compact region. The Compact Commission shall not use compensatory payments under section 10(6) of the Compact as a barrier to the entry of milk into the Compact region or for any other purpose. Establishment of a Com- pact over-order price, in itself, shall not be considered a compensatory payment or a limi- tation or prohibition on the marketing of milk. (Pub. L. 104–127, title I, § 147, Apr. 4, 1996, 110 Stat. 919; Pub. L. 106–113, div. B, § 1000(a)(8) [§ 4], Nov. 29, 1999, 113 Stat. 1536, 1501A–520.) Editorial Notes REFERENCES IN TEXT Section 608c(5) of this title, referred to in par. (6), was in the original ‘‘section 8(c)5 of the Agricultural Ad- justment Act (7 U.S.C. 608c), reenacted with amend- ments by the Agricultural Marketing Agreement Act of 1937,’’ which was translated as meaning section 8c(5) of the Agricultural Adjustment Act, to reflect the prob- able intent of Congress. AMENDMENTS 1999—Par. (3). Pub. L. 106–113 substituted ‘‘on Sep- tember 30, 2001.’’ for ‘‘concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under sec- tion 7253 of this title.’’ § 7257. Authority to assist in establishment and maintenance of one or more export trading companies The Secretary of Agriculture shall, consistent with the obligations of the United States as a member of the World Trade Organization, pro- vide such advice and assistance to the United States dairy industry as may be necessary to en- able that industry to establish and maintain one or more export trading companies under the Ex- port Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the inter- national market development for and expor- tation of dairy products produced in the United States. (Pub. L. 104–127, title I, § 149, Apr. 4, 1996, 110 Stat. 921.) Editorial Notes REFERENCES IN TEXT The Export Trading Company Act of 1982, referred to in text, is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables. § 7258. Standby authority to indicate entity best suited to provide international market devel- opment and export services (a) Indication of entity best suited to assist inter- national market development for and export of United States dairy products The Secretary of Agriculture shall indicate which entity or entities autonomous of the Gov- ernment of the United States, which seeks such a designation, is best suited to facilitate the international market development for and ex- portation of United States dairy products, if the Secretary determines that— (1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facili- tating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or (2) the quantity of exports of United States dairy products during the 12-month period pre- ceding July 1, 1998 does not exceed the quan- tity of exports of United States dairy products Page 1987 TITLE 7—AGRICULTURE § 7272 during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis). (b) Funding of export activities The Secretary shall assist the entity or enti- ties identified under subsection (a) in identi- fying sources of funding for the activities speci- fied in subsection (a) from within the dairy in- dustry and elsewhere. (c) Application of section This section shall apply only during the period beginning on July 1, 1997 and ending on Sep- tember 30, 2000. (Pub. L. 104–127, title I, § 150, Apr. 4, 1996, 110 Stat. 921.) Editorial Notes REFERENCES IN TEXT The Export Trading Company Act of 1982, referred to in subsec. (a)(1), is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables. § 7259. Study and report regarding potential im- pact of Uruguay Round on prices, income, and government purchases (a) Study The Secretary of Agriculture shall conduct a study, on a variety by variety of cheese basis, to determine the potential impact on milk prices in the United States, dairy producer income, and Federal dairy program costs, of the alloca- tion of additional cheese granted access to the United States as a result of the obligations of the United States as a member of the World Trade Organization. (b) Report Not later than June 30, 1997, the Secretary shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Rep- resentatives the results of the study conducted under this section. (c) Rule of construction Any limitation imposed by Act of Congress on the conduct or completion of studies or reports to Congress shall not apply to the study and re- port required under this section, unless the limi- tation specifically refers to this section. (Pub. L. 104–127, title I, § 151, Apr. 4, 1996, 110 Stat. 922.) PART B—SUGAR § 7271. Repealed. Pub. L. 107–171, title I, § 1310(a)(1), May 13, 2002, 116 Stat. 182 Section, Pub. L. 104–127, title I, § 155, Apr. 4, 1996, 110 Stat. 922, related to Secretary making nonrecourse loans available to producers of quota peanuts. § 7272. Sugar program (a) Sugarcane The Secretary shall make loans available to processors of domestically grown sugarcane at a rate equal to— (1) 18.00 cents per pound for raw cane sugar for the 2008 crop year; (2) 18.25 cents per pound for raw cane sugar for the 2009 crop year; (3) 18.50 cents per pound for raw cane sugar for the 2010 crop year; (4) 18.75 cents per pound for raw cane sugar for each of the 2011 through 2018 crop years; and (5) 19.75 cents per pound for raw cane sugar for each of the 2019 through 2023 crop years. (b) Sugar beets The Secretary shall make loans available to processors of domestically grown sugar beets at a rate equal to— (1) 22.9 cents per pound for refined beet sugar for the 2008 crop year; and (2) a rate that is equal to 128.5 percent of the loan rate per pound of raw cane sugar for the applicable crop year under subsection (a) for each of the 2009 through 2023 crop years. (c) Term of loans (1) In general A loan under this section during any fiscal year shall be made available not earlier than the beginning of the fiscal year and shall ma- ture at the earlier of— (A) the end of the 9-month period begin- ning on the first day of the first month after the month in which the loan is made; or (B) the end of the fiscal year in which the loan is made. (2) Supplemental loans In the case of a loan made under this section in the last 3 months of a fiscal year, the proc- essor may repledge the sugar as collateral for a second loan in the subsequent fiscal year, ex- cept that the second loan shall— (A) be made at the loan rate in effect at the time the first loan was made; and (B) mature in 9 months less the quantity of time that the first loan was in effect. (d) Loan type; processor assurances (1) Nonrecourse loans The Secretary shall carry out this section through the use of nonrecourse loans. (2) Processor assurances (A) In general The Secretary shall obtain from each proc- essor that receives a loan under this section such assurances as the Secretary considers adequate to ensure that the processor will provide payments to producers that are pro- portional to the value of the loan received by the processor for the sugar beets and sug- arcane delivered by producers to the proc- essor. (B) Minimum payments (i) In general Subject to clause (ii), the Secretary may establish appropriate minimum payments for purposes of this paragraph. (ii) Limitation In the case of sugar beets, the minimum payment established under clause (i) shall