7 U.S.C. § 1388 — Utilization of local agencies

Page 697 TITLE 7—AGRICULTURE § 1388 ments, and purchases under a program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for any of the 1991 through 1995 crops of a commodity without regard to notice and public participation in rulemaking requirements. Executive Documents TRANSFER OF FUNCTIONS Administration of program of Commodity Credit Cor- poration transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Corporations of Department of Agri- culture, boards of directors and officers of such cor- porations; Advisory Board of Commodity Credit Cor- poration; and Farm Credit Administration or any agen- cy, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of offi- cers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 1386. Exemption from laws prohibiting interest of Members of Congress in contracts The provisions of section 6306 of title 41 and sections 431 and 432 of title 18 shall not be appli- cable to loans or payments made under this chapter (except under section 1383(a) of this title). (Feb. 16, 1938, ch. 30, title III, § 386, 52 Stat. 68.) Editorial Notes CODIFICATION In text, ‘‘section 6306 of title 41’’ substituted for ‘‘sec- tion 3741 of the Revised Statutes (U.S.C., 1934 edition, title 41, sec. 22)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. ‘‘Sections 431 and 432 of title 18’’ substituted in text for ‘‘sections 114 and 115 of the Criminal Code of the United States (U.S.C., 1934 edition, title 18, secs. 204 and 205)’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries WOOL SUPPORT PROGRAM Wool support program, application of this section to, see note set out under section 713a–8 of Title 15, Com- merce and Trade. § 1387. Photographic reproductions and maps The Secretary may furnish reproductions of information such as geo-referenced data from all sources, aerial or other photographs, mosaics, and maps as have been obtained in connection with the authorized work of the Department to farmers and governmental agencies at the esti- mated cost of furnishing such reproductions, and to persons other than farmers at such prices as the Secretary may determine (but not less than the estimated costs of data processing, up- dating, revising, reformatting, repackaging and furnishing the reproductions and information), the money received from such sales to be depos- ited in the Treasury to the credit of the appro- priation charged with the cost of making such reproductions. This section shall not affect the power of the Secretary to make other disposi- tion of such or similar materials under any other provisions of existing law. (Feb. 16, 1938, ch. 30, title III, § 387, 52 Stat. 68; Pub. L. 106–113, div. B, § 1000(a)(3) [title IV, § 407], Nov. 29, 1999, 113 Stat. 1535, 1501A–214.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘information such as geo-referenced data from all sources, aerial’’ for ‘‘such aerial’’, struck out ‘‘(not less than estimated cost of furnishing such reproductions)’’ after ‘‘such prices’’, and inserted ‘‘(but not less than the estimated costs of data processing, updating, revising, reformatting, re- packaging and furnishing the reproductions and infor- mation)’’ after ‘‘determine’’. Statutory Notes and Related Subsidiaries WOOL SUPPORT PROGRAM Wool support program, application of this section to, see note set out under section 713a–8 of Title 15, Com- merce and Trade. § 1388. Utilization of local agencies (a) Designation of local agencies and local ad- ministrative areas The provisions of sections 590h(b) and 590k of title 16, relating to the utilization of State, county, local committees, the extension service, and other approved agencies, and to recognition and encouragement of cooperative associations, shall apply in the administration of this chap- ter; and the Secretary shall, for such purposes, utilize the same local, county, and State com- mittees as are utilized under sections 590g, 590h, 590i, and 590j to 590q of title 16. The local admin- istrative areas designated under section 590h(b) of title 16, for the administration of programs under chapter 3B of title 16, and the local ad- ministrative areas designated for the adminis- tration of this chapter shall be the same. (b) Payments to county committees for adminis- trative expenses (1) The Secretary is authorized and directed, from any funds made available for the purposes of this chapter and chapter 3B of title 16 in con- nection with which county committees are uti- lized, to make payments to county committees of farmers to cover the estimated administra- tive expenses incurred or to be incurred by them in cooperating in carrying out the provisions of this chapter and chapter 3B of title 16. All or part of such estimated administrative expenses of any such committee may be deducted pro rata from chapter 3B of title 16 payments, parity payments, or loans, or other payments under this chapter and chapter 3B of title 16, made un- less payment of such expenses is otherwise pro- vided by law. The Secretary may make such payments to such committees in advance of de- termination of performance by farmers. (2)(A) The Secretary shall provide compensa- tion to members of such county committees (at not less than the level in effect on December 31, 1985 for county committees) for work actually performed by such persons in cooperating in car- Page 698 TITLE 7—AGRICULTURE § 1389 1 So in original. Probably should not be capitalized. rying out this chapter and chapter 3B of title 16 in connection with which such committees are used. (B) The rate of compensation received by such persons for such work on December 23, 1985, shall be increased at the discretion of the Sec- retary. (c) Travel expenses (1) The Secretary shall make payments to members of local, county, and State committees to cover expenses for travel incurred by such persons (including, in the case of a member of a local or county committee, travel between the home of such member and the local county of- fice of the Agricultural Stabilization and Con- servation Service) in cooperating in carrying out this chapter and chapter 3B of title 16 in connection with which such Committees 1 are used. (2) Such travel expenses shall be paid in the manner authorized under section 5703 of title 5 for the payment of expenses and allowances for individuals employed intermittently in the Fed- eral Government service. (Feb. 16, 1938, ch. 30, title III, § 388, 52 Stat. 68; Pub. L. 99–198, title XVII, § 1713(a), (b), Dec. 23, 1985, 99 Stat. 1636, 1637.) Editorial Notes REFERENCES IN TEXT Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Con- servation and Domestic Allotment Act. AMENDMENTS 1985—Subsecs. (b), (c). Pub. L. 99–198 designated exist- ing provisions of subsec. (b) as par. (1), added par. (2), and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–198, title XVII, § 1713(c), Dec. 23, 1985, 99 Stat. 1637, provided that: ‘‘The amendments made by this section [amending this section] shall become effec- tive on January 1, 1986.’’ § 1389. Personnel The Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such of the pow- ers conferred upon him by this chapter as he deems may be appropriately exercised by such Administration; and for such purposes the provi- sions of law applicable to appointment and com- pensation of persons employed by the Agricul- tural Adjustment Administration shall apply. (Feb. 16, 1938, ch. 30, title III, § 389, 52 Stat. 69.) Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Functions of Agricultural Adjustment Administra- tion transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Govern- ment Organization and Employees. See note set out under section 610 of this title. Agricultural Adjustment Administration consoli- dated with other agencies into Agricultural Conserva- tion and Adjustment Administration for duration of war, see Ex. Ord. No. 9069. § 1390. Separability If any provision of this chapter, or the applica- tion thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons or circumstances, and the provi- sions of chapter 3B of title 16, shall not be af- fected thereby. Without limiting the generality of the foregoing, if any provision of this chapter should be held not to be within the power of the Congress to regulate interstate and foreign com- merce, such provision shall not be held invalid if it is within the power of the Congress to provide for the general welfare or any other power of the Congress. If any provision of this chapter for marketing quotas with respect to any com- modity should be held invalid, no provision of this chapter for marketing quotas with respect to any other commodity shall be affected there- by. If the application of any provision for a ref- erendum should be held invalid, the application of other provisions shall not be affected thereby. If by reason of any provision for a referendum the application of any such other provision to any person or circumstance is held invalid, the application of such other provision to other per- sons or circumstances shall not be affected thereby. (Feb. 16, 1938, ch. 30, title III, § 390, 52 Stat. 69.) Editorial Notes REFERENCES IN TEXT Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Con- servation and Domestic Allotment Act. SUBPART II—APPROPRIATIONS AND ADMINISTRATIVE EXPENSES § 1391. Authorization of appropriations; loans from Commodity Credit Corporation (a) Beginning with the fiscal year ending June 30, 1938, there is hereby authorized to be appro- priated, for each fiscal year for the administra- tion of this chapter and for the making of soil conservation and other payments such sums as Congress may determine, in addition to any amount made available pursuant to section 590o of title 16. (b) For the administration of this chapter (and the provisions of chapter 36 of this title) during the fiscal year ending June 30, 1938, there is hereby authorized to be made available from the funds appropriated for such fiscal year for car- rying out the purposes of sections 590g, 590h, 590i, and 590j to 590q of title 16, a sum not to ex- ceed $5,000,000. (c) During each fiscal year, beginning with the fiscal year ending June 30, 1941, the Commodity Credit Corporation is authorized and directed to loan to the Secretary such sums, not to exceed