§1427a — Title 7 Agriculture | U.S. Code

Summary

Allows the Agriculture Secretary to set up and keep a special reserve of up to 75 million bushels of wheat, feed grains, and soybeans to help people after natural disasters. The Secretary can get these crops through the usual price support program. If those crops are not available where they are needed, the Secretary may buy wheat, feed grains, soybeans, hay, or other livestock forages through the Commodity Credit Corporation and pay transportation or other costs to get them where they can be used. The reserve must not be offered for sale unless the President or Congress officially declares an emergency calling for its use. The Secretary can only give or move the reserve to relieve hardship: in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands; for disasters or emergencies the President declares under the federal disaster law; for emergencies the Secretary finds covered by certain farm emergency laws; or for state civil defense emergencies declared by the President or Congress. The Secretary may substitute equivalent amounts in other places to manage distribution, use the Commodity Credit Corporation and normal trade channels when possible, make rules to run the program, and accept whatever money Congress approves to carry it out.

Title 7, §1427a

Agriculture — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary of Agriculture may under the provisions of this Act establish, maintain, and dispose of a separate reserve of inventories of not to exceed 75 million bushels of wheat, feed grains, and soybeans for the purpose of alleviating distress caused by a natural disaster. Such reserve inventories may include such quantities of grain that the Secretary deems needed to provide for the alleviation of distress as the result of a natural disaster.

(b)The Secretary may acquire such commodities through the price support program. However, if the Secretary determines that no wheat, feed grains, or soybeans are available through the price support program at locations where they may be economically utilized to alleviate distress caused by a natural disaster, the Secretary is authorized to purchase through the facilities of the Commodity Credit Corporation such wheat, feed grains, soybeans, hay, or other livestock forages as the Secretary deems necessary for disposition in accordance with the authority provided in subsection (d) of this section. The Secretary may acquire wheat, feed grains, soybeans, hay, or other livestock forages at such locations, at such times, and in such quantities as the Secretary finds necessary and appropriate and may pay such transportation and other costs as may be required to permit disposition of such wheat, feed grains, soybeans, hay, and other livestock forages under subsection (d) of this section.

(c)Except when a state of emergency has been proclaimed by the President or by concurrent resolution of Congress declaring that such reserves should be disposed of, the Secretary shall not offer any commodity in the reserve for sale or disposition.

(d)The Secretary is also authorized to dispose of such commodities only for (1) use in relieving distress (A) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States, (B) in connection with any major disaster or emergency determined by the President to warrant assistance by the Federal Government under the Disaster Relief and Emergency Assistance Act (88 Stat. 143, as amended; 42 U.S.C. 5121), and (C) in connection with any emergency determined by the Secretary to warrant assistance under section 1427 of this title, the Act of September 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427 note), or section 2267 11 See References in Text note below. of this title; or (2) use in connection with a state of civil defense emergency as proclaimed by the President or by concurrent resolution of the Congress in accordance with title VI of The 22 So in original. Probably should not be capitalized. Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.].

(e)The Secretary may sell at an equivalent price, allowing for the customary location and grade price differentials, substantially equivalent quantities in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate such reserve.

(f)The Secretary may use the Commodity Credit Corporation to the extent feasible to fulfill the purposes of this section; and to the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section shall utilize the usual and customary channels, facilities, and arrangements of trade and commerce.

(g)The Secretary may issue such rules and regulations as may be necessary to carry out the provisions of this section.

(h)There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 91–524, Nov. 30, 1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For complete classification of this Act to the Code, see

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of 1970 Amendment note set out under section 1281 of this title and Tables. The Disaster Relief and Emergency Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d), are Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. Title VI of the Act is classified generally to subchapter IV–B (§ 5195 et seq.) of chapter 68 of Title 42. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables. Act of September 21, 1959, referred to in subsec. (d), is Pub. L. 86–299, Sept. 21, 1959, 73 Stat. 574, as amended, which is set out as a note under section 1427 of this title. section 2267 of this title, referred to in subsec. (d), was repealed by Pub. L. 100–387, title I, § 101(b)(1), Aug. 11, 1988, 102 Stat. 931. Codification Section was enacted as part of the Agricultural Act of 1970 as added by the Agriculture and Consumer Protection Act of 1973, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For complete classification of the 1949 Act to the Code, see

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note set out under section 1421 of this title and Tables.

Amendments

1994—Subsec. (d). Pub. L. 103–337 substituted “title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act” for “the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251–2297)”. 1988—Subsec. (d). Pub. L. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”. 1981—Subsec. (a). Pub. L. 97–98 substituted “may” for “shall” wherever appearing. Subsec. (b). Pub. L. 97–98 substituted “Secretary may acquire such commodities” for “Secretary shall acquire such commodities”. 1977—Subsec. (b). Pub. L. 95–113, § 1103(a), inserted provisions authorizing Secretary to act if it is determined that no wheat, feed grains, or soybeans are available through the price support program at locations where they can be economically utilized to alleviate distress caused by a natural disaster. Subsec. (d). Pub. L. 95–113, § 1103(b), substituted “(A) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States, (B) in connection with any major disaster or emergency determined by the President to warrant assistance by the Federal Government under the Disaster Relief Act of 1974, and (C) in connection with any emergency determined by the Secretary to warrant assistance under section 1427 of this title, the Act of September 21, 1959, or section 2267 of this title” for “(a) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands and (b) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an

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note under section 4301 of this title.

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of 1977 AmendmentAmendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Commodity Credit Corporation Fund; Disaster Reserve Assistance Program Pub. L. 105–18, title II,

June 12, 1997, 111 Stat. 170, provided in part: “That notwithstanding any other provision of law, beginning on

October 1, 1997, grain in the disaster reserve established in the Agricultural Act of 1970 [see

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of 1970 Amendment note set out under section 1281 of this title] shall not exceed 20 million bushels”.

§1427a Reserve inventories for alleviation of distress of natural disaster

Summary

Title 7, §1427a

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Statutory Notes and Related Subsidiaries

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