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STAT.]

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TEMPORARY WAIVER OF CERTAIN L I M I T A T I O N S A P P L I C A B L E TO G N M A

SEC. 3. Section 3 of the joint resolution entitled "Joint resolution to extend the authority of the Secretary of Housing and Urban Development with respect to interest rates on insured mortgages, to extend and modify certain provisions of the National Flood Insurance Act of 1968, and for other purposes," approved December 22, 1971, as amended, is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973". R E H A B I L I T A T I O N LOAN

86 Stat. 906. 12 USC 1717 note.

AUTHORIZATION

SEC. 4. Section 312(h) of Housing Act of 1964 is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973". Approved August 10, 1973.

82 Stat. 523. 42 USC 1452b

Public Law 93-86 AN ACT To extend and amend the Agricultural Act of 1970 for the purpose of assuring consumers of plentiful supplies of food and fiber at reasonable prices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Agricultural Act of 1970 is amended as follows: (1) Title I is amended to read as follows: "TITLE I—PAYMENT LIMITATION "SEC. 101. Notwithstanding any other provision of law— " (1) The total amount of payments which a person shall be entitled to receive under one or more of the annual programs established by titles IV, V, and VI of this Act for the 1974 through 1977 crops of the commodities shall not exceed $20,000. "(2) The term 'payments' as used in this section shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation. " (3) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such person will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. " (4) The Secretary shall issue regulations defining the term 'person' and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the

August 10, 1973 [S.1888]

Agriculture and Consumer Protection Act of 1973. 84 Stat. 1358. 7 USC 13 05 note.

"Payments.

S e t - a s i d e acrea g e, reduction.

Regulations.

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[87 STAT.

provisions of this Act which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970." DAIRY PROGRAM MILK MARKETIISrG ORDERS 84 Stat. 13^59. note. ^

7\rs'c*608c'

50 Stat. 247.

(£) Section 201 IS amended by— (A) amending section 201(e) by striking out "1973" and inserting "1977", and by striking out "1976" and inserting "1980", and (B) adding at the end thereof the following: "(f) The Agricultural Adjustment Act as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended, is further amended by: "(-^^ striking the period at the end of subsection 8c(l7) and adding in lieu thereof the following: ': Provided further, That if one-third or more of the producers as defined in a milk order apply in writing for a hearing on a proposed amendment of such order, the Secretary shall call such a hearing if the proposed amendment is one that may legally be made to such order. Subsection (12) of this section shall not be construed to permit any cooperative to act for its members in an application for a hearing under the foregoing proviso and nothing in such proviso shall be construed to preclude the Secretary from calling an amendment hearing as provided in subsection (3) of this section. The Secretary shall not be required to call a hearing on any proposed amendment to an order in response to an application for a hearing on such proposed amendment if the application requesting the hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same.' "(2) inserting after the phrase 'pure and wholesome milk' in section 8c(18) the phrase 'to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs'."

MILK PRICE SUPPORT, BUTTERFAT PRICE SUPPORT SUSPENSION ?lic*ii46a'nd note.

i^) Section 202 Is amended fey(A) striking the introductory clause which precedes subsection (a); (B) effective April 1, 1974, inserting in subsection (b) before the period at the end of the first sentence in the quotation the following: "of pure and wholesome milk to meet current needs, reflect

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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changes in the cost of production, and assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs"; and (C) inserting in subsection (b) after the first sentence in the quotation the following: "Notwithstanding the foregoing, effective for the period beginning with the date of enactment of the Agriculture and Consumer Protection Act of 1973 and ending on March 31, 1975, the price of milk shall be supported at not less than 80 per centum of the parity price therefor." TRANSFER OF DAIRY PRODUCTS TO THE MILITARY AND TO VETERANS HOSPITALS (4) Section 203 is amended by striking out "1973" and inserting "1977". DAIRY INDEMNITY PROGRAM (5) Section 204 is amended by— (A) striking out "1973" and inserting "1977"; and (B) striking subsection (b) and substituting therefor the following: " (b) Section 1 of said Act is amended to read as follows: " 'SECTION' 1. The Secretary of Agriculture is authorized to make indemnity payments for milk or cows producing such milk at a fair market value, to dairy farmers who have been directed since January 1, 1964 (but only since the date of enactment of the Agriculture and Consumer Protection Act of 1973 in the case of indemnity payments not authorized prior to such date of enactment), to remove their milk, and to make indemnity payments for dairy products at fair market value to manufacturers of dairy products who have been directed since the date of enactment of the Agricultural Act of 1970 to remove their dairy products from commercial markets because of residues of chemicals registered and approved for use by the Federal Government at the time of such use. Any indemnity payment to any farmer shall continue until he has been reinstated and is again allowed to dispose of his milk on commercial markets.' "

84 Stat. 1361. 7 USC 1446a.

^ use 450i. Jf4"strt'"i'362* 7 USC 450j.

^'*„^*^*;,^^/^*

7 USC 1305 note.

DAIRY IMPORT STUDY (6) Title II is amended by adding at the end thereof the following: ^* ^*°*- ^^^^• "SEC. 205. The Secretary of Agriculture is authorized and directed to carry out a comprehensive study to determine the effect upon domestic diary producers, handlers, and processors and upon consumers of increases in the level of imports, if any, of dairy products and report grerJ'"'^* *° ^°"' his findings, together with any recommendations he may have with respect to import quotas or other matters, to the Congress of the United States no later than January 1, 1975. For the purposes of this section dairy products include (1) all forms of milk and dairy products, butterfat, milk solids-not-fat, and any combination or mixture

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[87 STAT.

thereof; (2) any article, compound, or mixture containing 5 per centum or more of butterfat, or milk solids-not-fat, or any combinations of the two; and (3) lactose, and other derivatives of milk, butterfat, or milk solids-not-fat, if imported commercially for any food use. Dairy products do not include (1) casein, caseinates, industrial casein, industrial caseinates, or any other industrial products, not to be used in any form for any food use, or an ingredient of food; or (2) articles not normally considered to be dairy products, such as candy, bakery goods, and other similar articles." " -

-

^ '

" P R O D U C E R H A N D L E E S ^^ ' ^ ^ ' ' ' ^^ ^ '

"SEC. 206. The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as 48 Stat. 31 _ amended, shall be the same subsequent to the adoption of the amend50 Stat. 246. 7 USC eoVnote. meuts made by the Agriculture Act of 1973 as it was prior thereto." •^ Price supports. 7\rs'c*i782^^'

68 Stat. 912. 7 USC 1787.

,3.5

-

WOOL P R O G R A M

(7) Section 301 is amended by— ^ ^) striking out "1973" each place it occurs and inserting "1977", and by striking out the word "three" each place it occurs; and (B) adding at the end thereof the following: "(6) Strike out the first sentence of section 708 and insert the following: 'The Secretary of Agriculture is authorized to enter into agreements with, or to approve agreements entered into between, marketing cooperatives, trade associations, or others engaged or w'hose members are engaged in the handling of wool, mohair, sheep, or goats or the products thereof for the purpose of developing and conducting on a national. State, or regional basis advertising and sales promotion programs and programs for the development and dissemination of information on product quality, production management, and marketing improvement, for wool, mohair, sheep, or goats or the products thereof. Advertising and sales promotion programs may be conducted outside of the United States for the purpose of maintaining and expanding foreign markets and uses for mohair or goats or the products thereof produced in the United States.'." i

W H E A T PROGRAM W H E A T PRODUCTION

7\;sc*i445^a' and note.

INCENTIVES

i^) Effectlvc beginning with the 1974 crop section 401 is amended by Striking out "1971, 1972, and 1973" and inserting "1971 through 1977" and section 107 of the Agricultural Act of 1949, as it appears therein is amended by—

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Rh "You're caught now," whispered Ned to Tom. "Come on down, and give 'em a trouncing."

Tom hesitated. He looked quickly about the loft, and then a smile replaced the frown of righteous anger on his face.

"I have a better way," he said.

"What is it?"

"See that pile of dirt?" and he pointed to some refuse that had been swept up from the floor of the loft. Ned nodded. "It consists of a lot of shavings, sawdust and, what's more, a lot of soot and lampblack that we used in mixing some paint. We'll sweep the whole pile down on their heads, and make them wish they'd stayed away from this place."

"Good!" exclaimed Ned, chuckling. "Give me a broom. There's another one for you."

The two lads in the loft peered down. The red-headed, squint-eyed bully and his chums had their knives out, and were about to cut some of the important guy wires, when, at a signal from Tom, Ned, with a sweep of his broom, sent a big pile of the dirt, sawdust and lampblack down upon the heads of the conspirators. The young inventor did the same thing, and for an instant the lower part of the shed looked as if a dirt-storm had taken place there. The pile of refuse went straight down on the heads of the trio, and,

title: Page:Tom Swift and His Airship.djvu/81


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225

(A) amending section 107(a) to read as follows: Loans and pur" (a) Loans and purchases on each crop of wheat shall be made abm^y.'^''^'^" available at such level as the Secretary determines appropriate, taking 84 st'at. i362. into consideration competitive world prices of wheat, the feeding value '' ^^^ 1445a. of wheat in relation to feed grains, and the level at which price support is made available for feed grains: Provided, That in no event shall such level be in excess of the parity price for wheat or less than $1.37 per bushel." (B) substituting the word "payments" for the word "certificates" in section 107(b); (C) striking the quotation mark at the end of section 107(b); and (D) adding at the end of the section the following: "(c) Payments shall be made for each crop of wheat to the producers on each farm in an amount determined by multiplying (i) the amount by which the higher of— "(1) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or "(2) the loan level determined under subsection (a) for such crop is less than the established price of $2.05 per bushel in the case of the 1974 and 1975 crops, $2.05 per bushel adjusted to reflect any change during the calendar year 1975 in the index of prices paid by farmers for production items, interest, taxes, and wage rates in the case of the 1976 crop, and the established price for the 1976 crop adjusted to reflect any change during the calendar year 1976 in such index in the case of the 1977 crop, times in each case (ii) the allotment for the farm for such crop, times (iii) the projected yield established for the farm with such adjustments as the Secretary determines necessary to provide a fair and equitable yield: Provided, That any increase that would otherwise be made in the established price to reflect a change in the index of prices paid by farmers shall be adjusted to reflect any change in (i) the national average yield per acre of wheat for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of wheat for the three calendar years preceding the year previous to the one for which the determination is made. If the Secretary determines that the producers are prevented from planting, any portion of the farm acreage allotment to wheat or other nonconserving crop, because of drought, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment on such portion shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. If the Secretary determines that, because of such a disaster or condition, the total quantity of wheat (or other nonconserving crop planted instead of wheat) which the producers are able to harvest on any farm is less than 66% percent of the farm acreage allotment times the projected yield of wheat (or other nonconserving crop planted instead of wheat) for the farm, the rate of payment for the deficiency in production below 100 percent shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. The Secretary shall provide for the sharing of payments made under this subsection for any farm among the producers on the farm on a fair and equitable basis." TERMINATION OF W H E A T C E R T I F I C A T E PROGRAM, FARM ACREAGE ALLOTMENTS (9) Section 402 is amended by inserting " (a) " after the section ajj^ofe ^13790 designation and adding the following at the end of the section: and note! 22-150 n - 75 - 17

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 PUBLIC LAW 93-86-AUG. 10, 1973

226 84 Stat. 1362. 7 USC 1379b.

Ante,

p. 225.

Set-aside a c r e age.

Acreage limitation.

Grazing and planting, limitations.

84 Stat. 1364.

Payment sharing.

Noncompliance.

[87

STAT.

" (b)(A) Section 379b of the Agricultural Adjustment Act of 1938 (which provides for a wheat marketing certificate program) shall not be applicable to the 1974 through 1977 crops of wheat, except as provided in paragraphs (B) and (C) of this subsection, " (B) Section 379b(c) of the Agricultural Adjustment Act of 1938, as amended by subsection (a) of this section (which provides for a set-aside program), shall be effective with respect to the 1974 through 1977 crops of wheat with the following changes: "(i) The phrase 'payments authorized by section 107(c) of the Agricultural Act of 1949' shall be substituted for the word 'certificates' and the phrases 'certificates authorized in subsection (b) ' and 'marketing certificates' each place they occur. "(ii) The word 'domestic' shall be stricken each place it occurs, "(iii) The second sentence of section 379b(c)(1) is amended to read as follows: 'If a set-aside of cropland is in effect under this subsection (c), then as a condition of eligibility for loans, purchases, and payments authorized by section 107(c) of the Agricultural Act of 1949, the producers on a farm must set aside and devote to approved conservation uses an acreage of cropland equal to (i) such percentage of the wheat allotment for the farm as may be specified by the Secretary and will be estimated by the Secretary to result in a set-aside not in excess of thirteen and threetenths million acres in the case of the 1971 crop; plus, if required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary.' "(iv) The third sentence in 379b (c)(1) is amended to read as follows: 'The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to wheat on the farm to a percentage of the acreage allotment.' "(v) '1971 through 1977' shall be substituted for '1971, 1972, and 1973' each place it occurs other than in the third sentence of section 379b (c)(1). "(vi) The last sentence of section 379b (c)(1) is amended to read as follows: 'The Secretary shall permit producers to plant and graze on set-aside acreage sweet sorghum, and the Secretary may permit, subject to such terms and conditions as he may prescribe, all or any of the set-aside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price-support program, and will not adversely affect farm income.' "(vii) After the second sentence of section 379b (c)(3) the following shall be inserted: 'The Secretary may, in the case of programs for the 1974 through 1977 crops, pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences.' " (C) Sections 379b (d), (e), (g), and (i) of the Agricultural Adjustment Act of 1938, as amended by subsection (a) of this section, shall be effective for the 1974 through 1977 crops amended to read as follows: " ' (d) The Secretary shall provide for the sharing of payments made under this section for any farm among producers on the farm on a fair and equitable basis. " ' (e) I n any case in which the failure of a producer to comply fully with the terms and conditions of the program formulated under this section precludes the making of loans, purchases, and payments, the

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227

Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default. " '(g) The Secretary is authorized to issue such regulations as he Regulations. determines necessary to carry out the provisions of this title. " ' (i) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.' 1364. " (D) Section 379c of the Agricultural Adjustment Act of 1938, 84uStat. 1379c. 7 se effective only with respect to the 1974 through 1977 crops of wheat is amended to read as follows: Farm acreage " 'SEC. 379c. (a)(1) The farm acreage allotment for each crop of allotment. wheat shall be determined as provided in this section. The Secretary shall proclaim the national acreage allotment not later than April 15 of each calendar year for the crop harvested in the next succeeding calendar year. Such national allotment shall be the number of acres he determines on the basis of the estimated national average yield for the crop for which the determination is being made will produce the quantity (less imports) that he estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary determines that carryover stocks are excessive or an increase in stocks is needed to assure a desirable carryover, he may adjust the allotment by the amount he determines will accomplish the desired decrease or increase in carryover stocks. The national acreage allotment for any crop of wheat shall be apportioned by the Secretary among the States on the basis of the apportionment to each State of the national acreage allotment for the preceding crop (1973 national domestic allotment in the case of apportionment of the 1974 national acreage allotment) adjusted to the extent deemed necessary by the Secretary to establish a fair and equitable apportionment base for each State, taking into consideration established crop rotation practices, the estimated decrease in farm acreage allotments, and other relevant factors. " '(2) The State acreage allotment for wheat, less a reserve of not County apporto exceed 1 per centum thereof for apportionment as provided in this subsection, shall be apportioned by the Secretary among the counties in the State, on the basis of the apportionment to each such county of the wheat allotment for the preceding crop, adjusted to the extent deemed necessary by the Secretary in order to establish a fair and »:iuitable apportionment base for each county taking into consideration established crop-rotation practices, the estimated decrease in farm allotments, and other relevant factors. Factors deter" '(3) The farm allotment for each crop of wheat shall be deter- mining allotment. mined by apportioning the county wheat allotment among farms in the county which had a wheat allotment for the preceding crop on the basis of such allotment, adjusted to reflect established crop-rotation practices and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment. Notwithstanding any other provision of this subsection, the farm allotment shall be adjusted downward to the extent required by subsection (b). " ' (4) Not to exceed 1 per centum of the State allotment for any crop may be apportioned to farms for which there was no allotment for the preceding crop on the basis of the following factors: suitability of the land for production of wheat, the past experience of the farm operator in the production of wheat, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of wheat on other farms owned, operated, or controlled by the farm operator, and such other factors as the Secretary determines should be considered for the purpose of establishing fair and equitable farm allotments. No part of such reserve shall he apportioned to a farm to

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PUBLIC LAW 93-86-AUG. 10, 1973

Acreage adjustments.

Allotment reduction, conditions.

Ante,

p. 225.

[87 STAT.

reflect new cropland brought into production after the date of enactment of the set-aside program for wheat. " '(5) The planting on a farm of wheat of any crop for which no farm allotment was established shall not make the farm eligible for an allotment under subsection (a)(3) nor shall such farm by reason of such planting be considered ineligible for an allotment under subsection (a)(4). " '(6) The Secretary may make such adjustments in acreage under this Act as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop rotation practices, types of soil, soil and water conservation measures, and topography, and in addition, in the case of conserving use acreages to such other factors as he deems necessary in order to establish a fair and equitable conserving use acreage for the farm. " ^(b)(1) If for any crop the total acreage of wheat planted on a farm is less than the farm allotment, the farm allotment used as a base for the succeeding crop shall be reduced by the percentage by which such planted acreage was less than such farm allotment, but such reduction shall not exceed 20 per centum of the farm allotment for the preceding crop. If no acreage has been planted to wheat for three consecutive crop years on any farm which has an allotment, such farm shall lose its allotment. Producers on any farm who have planted to wheat not less than 90 per centum of the allotment for the farm shall be considered to have planted an acreage equal to 100 per centum of such allotment. An acreage on the farm which the Secretary determines was not planted to wheat because of drought, flood, or other natural disaster or condition beyond the control of the producer shall be considered to be an acreage of wheat planted for harvest. For the purpose of this subsection, the Secretary may permit producers of wheat to have acreage devoted to soybeans, feed grains for which there is a set-aside program in effect, guar, castor beans, cotton, triticale, oats, rye, or such other crops as the Secretary may deem appropriate considered as devoted to the production of wheat to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program. " ' (2) Notwithstanding the provisions of subsection (b)(1), no farm allotment shall be reduced or lost through failure to plant the farm allotment, if the producer elects not to receive payments for the portion of the farm allotment not planted, to which he would otherwise be entitled under the provisions of section 107(c) of the Agricultural Act of 1949.' " E E P E A L OF PROCESSOR CERTIFICATE REQUIREMENT

84 Stat. 1366. 7 USC 1379d and note, 1379e and note. 7 USC 1379f1379J.

76 Stat. 629; 79 Stat. 1203.

78 Stat. 181; 84 Stat. 1366.

(10) Section 403 is amended by inserting " (a) " after the section designation and by inserting at the end thereof the following: " (b) Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the Agricultural Adjustment Act of 1938 (which deal with marketing certificate requirements for processors and exporters) shall not be applicable to wheat processed or exported during the period July 1, 1973 through June 30, 1978; and section 379g is amended by adding the following new subsection (c): "(c) The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the certificate program provided for under section 379d to a program under which no certificates are required. Notwithstanding any other provision of law, such authority shall include, but shall not be limited to the authority to exempt all or a portion of wheat or food products made

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PUBLIC LAW 93-86-AUG. 10, 1973

therefrom in the channels of trade on July 1, 1973, from the marketing restrictions in subsection (b) of section 379d, or to sell certificates to persons owning such wheat or food products made therefrom at such price and under such terms and conditions as the Secretary may determine. Any such certificate shall be issued by the Commodity Credit Corporation. Nothing herein shall authorize the Secretary to require certificates on wheat processed after June 30, 1973."

229

78 Stat. isi; 7 y^^ i379d.

SUSPENSION OF W H E A T MARKETING QUOTAS (11) Section 404 is amended by striking "1971, 1972, and 1973"' J^ylc'lsaf-^' wherever it appears and inserting "1971 through 1977", and by strik- 1339, 1378, 1379, ing "1972 and 1973" and inserting "1972 through 1977". lass and notes.

STATE AGENCY ALLOTMENTS, YIELD CALCULATIONS (12)(a) Section 405 is amended by striking out "1971, 1972, and g/stal^^uee^."' 1973" and inserting "1971 through 1977"; and by repealing paragraph 7 USC 1305'and (2) effective with the 1974 crop; by inserting " (a) " after the section note. designation; by changing the period and quotation mark at the end of the section to a semicolon; and by adding at the end of the section the following: "(b) Effective with respect to the 1974 through 1977 crops, section 1205. 301(b) (13)(K) of the Agricultural Adjustment Act of 1938 is 79uStat. 1301. 7 se amended by adding after 'three calendar years' the following: '(five calendar years in the case of wheat)', and section 708 of Public Law 89-321 is amended by inserting in the second sentence after 'determin- 7^,1*^*1306 ^" ing the projected yield' the following '(except that in the case of wheat, if the yield is abnormally low in any one of the calendar years of the base period because of drought, flood, or other natural disaster, the Secretary shall take into account the actual yield proved by the producer in the other four years of such base period)'." SUSPENSION OF QUOTA PROVISIONS (13) Section 406 is amended by striking out "1971, 1972, and 1973" Vsc'lsso^' and inserting "1971 through 1977". note, 1340 note,

REDUCTION IN WHEAT STORED TO AVOID PENALTY (14) Section 407 of the Agricultural Act of 1970 is amended by adding at the end thereof the following: "Notwithstanding the foregoing, the Secretary may authorize release of wheat stored by a producer under section 379c(b) of the Agricultural Adjustment Act of 1938, as amended, prior to the 1971 crop, whenever he determines such release will not significantly affect market prices for wheat. As a condition of release, the Secretary may require a refund of such portion of the value of certificates received in the crop year the excess wheat was produced as he deems appropriate considering the period of time the excess wheat has been in storage and the need to provide fair and equitable treatment among all wheat program participants.".

7 USC

1379c

ote.

Ante,

p. 2 2 7.

APPLICATION O F THE A G R I C U L T U R A L ACT O F 1949 (15) Section 408 is amended by striking out "1971, 1972, and 1973"?Vsc*li2\Vnd and inserting "1971 through 1977". note.

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[87 STAT.

COMMODITY C R E D I T CORPORATIONS A L E S P R I C E RESTRICTIONS 84 Stat. 1367. 7 USC 1427 and note.

(16) Section 409 is amended by striking out "1971, 1972, and 1973" and inserting "1971 through 1977". S E T - A S I D E ON SUMMER F A L L O W F A R M S

7 USC 1334a-I.

(17) Section 410 is amended by striking out "1971, 1972, and 1973" and inserting "1971 through 1977". F E E D GRAIN PROGRAM

Loans and purchases. 84 Stat. 1368. 7 USC 1441 note.

63 Stat. 1054; 78 Stat. 175. 7 USC 1421.

Payments, computation.

(18) Effective only with respect to the 1974 through 1977 crops of feed grains, section 501 is amended by— (A) striking out that portion through the first colon and section 105(a) of the Agriculture Act of 1949, as it appears therein, and inserting the following: "SEC. 501. (a) Effective only with respect to the 1971 through 1977 crops of feed grains, section 105(a) of the Agricultural Act of 1949, as amended, is further amended to read as follows: " 'SEC. 105. Notwithstanding any other provision of law— " ' (a)(1) The Secretary shall make available to producers loans and purchases on each crop of corn at such level, not less than $1.10 per bushel nor in excess of 90 per centum of the parity price therefor, as the Secretary determines will encourage the exportation of feed grains and not result in excessive total stocks of feed grains in the United States. ' " (2) The Secretary shall make available to producers loans and purchases on each crop of barley, oats, and rye, respectively, at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value of such commodity in relation to corn and other factors specified in section 401(b), and on each crop of grain sorghums at such level as the Secretary determines is fair and reasonable in relation to the level that loans and purchases are made available for corn, taking into consideration the feeding value and average transportation costs to market of grain sorghums in relation to corn.'." (B) adding at the end thereof the following: "(b) Effective only with respect to the 1974 through 1977 crops of feed grains, section 105(b) of the Agricultural Act of 1949, as amended, is further amended to read as follows: " '(b)(1) I n addition, the Secretary shall make available to producers payments for each crop of com, grain sorghums, and, if designated by the Secretary, barley, computed by multiplying (1) the payment rate, times (2) the allotment for the farm for such crop, times (3) the yield established for the farm for the preceding crop with such adjustments as the Secretary determines necessary to provide a fair and equitable yield. The payment rate for corn shall be the amount by which the higher of— " '(1) the national weighted average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary, or ' " (2) the loan level determined under subsection (a) for such crop is less than th« established price of $1.38 per bushel in the case of the 1974 and 1975 crops, $1.38 per bushel adjusted to reflect any change during the calendar year 1975 in the index of prices paid by farmers

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231

for production items, interest, taxes, and wage rates in the case of the 1976 crop, and the established price for the 1976 crop adjusted to reflect any change during the calendar year 1976 in such index in the case of the 1977 crop: Provided, That any increase that would otherwise be made in the established price to reflect a change in the index of prices paid by farmers shall be adjusted to reflect any change in (i) the national average yield per acre of feed grains for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of feed grains for the three calendar years preceding the year previous to the one for which the determination is made. The payment rate for grain sorghums and, if designated by the Secretary, barley, shall be such rate as the Secretary determines fair and reasonable in relation to the rate at which payments are made available for corn. If the Secretary determines that the producers on a farm are prevented from planting any portion of the farm acreage allotment to feed grains or other nonconserving crop, because of drought, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment on such portion shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. If the Secretary determines that, because of such a disaster or condition, the total quantity of feed grains (or other nonconserving crop planted instead of feed grains) which the producers are able to harvest on any farm is less than 66% percent of the farm acreage allotment times the yield of feed grains (or other nonconserving crop planted instead of feed grains) established for the farm, the rate of payment for the deficiency in production below 100 percent shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. " ' (2) The Secretary shall, prior to January 1 of each calendar year, determine and proclaim for the crop produced in such calendar year a national acreage allotment for feed grains, which shall be the number of acres he determines on the basis of the estimated national average yield of the feed grains included in the program for the crop for which the determination is being made will produce the quantity (less imports) of such feed grains that he estimates will be utilized domestically and for export during the marketing year for such crop. If the Secretary determines that carryover stocks of any of the feed grains are excessive or an increase in stocks is needed to assure a desirable carryover, he may adjust the feed grain allotment by the amount he determines will accomplish the desired decrease or increase in carryover stocks. State, county, and farm feed grain allotments shall be established on the basis of the feed grain allotments established for the preceding crop (for 1974 on the basis of the feed grain bases established for 1973), adjusted to the extent deemed necessary to establish a fair and equitable apportionment base for each State, county, and farm. Not to exceed 1 per centum of the State feed grain allotment may be reserved for apportionment to new feed grain farms on the basis of the following factors: suitability of the land for production of feed grains, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of feed grains on other farms owned, operated, or controlled by the farm operator, and such other factors as the Secretary determines should be considered for the purpose of establishing fair and equitable feed grain allotments. " '(3) If for any crop the total acreage on a farm planted to feed allotment, r e d u c aifototntTrec grains included in the program formulated under this subsection is tion. less than the feed grain allotment for the farm, the feed grain allotment for the farm for the succeeding crops shall be reduced by the percentage by which the planted acreage is less than the feed grain allotment for the farm, but such reduction shall not exceed 20 per

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 232

Cropland, set84 Stat. 1369.

7 USC 1441 "°*®*

84 Stat. 1370.

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

centum of the feed grain allotment. If no acreage has been planted to such feed grains for three consecutive crop years on any farm which has a feed grain allotment, such farm shall lose its feed grain allotment: Provided, That no farm feed grain allotment shall be reduced or lost through failure to plant, if the producer elects not to receive payment for such portion of the farm feed grain allotment not planted, to which he would otherw^ise be entitled under the provisions of this Act. Any such acres eliminated from any farm shall be assigned to a national pool for the adjustment of feed grain allotments as provided for in subsection (e)(2). Producers on any farm who have planted to such feed grains not less than 90 per centum of the feed grain allotment shall be considered to have planted an acreage equal to 100 per centum of such allotment. An acreage on the farm which the Secretary determines was not planted to such feed grains because of drought, flood, or other natural disaster or condition beyond the control of the producer shall be considered to be an acreage of feed grains planted for harvest. For the purpose of this paragraph, the Secretary may permit producers of feed grains to have acreage devoted to soybeans, wheat, guar, castor beans, cotton, triticale, oats, rye, or such other crops as the Secretary may deem appropriate, considered as devoted to the production of such feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program.'.". (Q) amending the last sentence of section 105(c)(1) to read as tollOWS:

"The Secretary shall permit producers to plant and graze on setaside acreage sw^eet sorghum, and the Secretary may permit, subject to such terms and conditions as he may prescribe, all or any of the setaside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price-support program, and will not adversely atfect farm income." (C) striking out "1971, 1972, 1973" where it appears in that part which amends section 105(c)(1) of the Agricultural Act of 1949 and inserting "1971 through 1977", and by amending the second sentence of section 105(c)(1) to read as follows: "If a setaside of cropland is in effect under this subsection (c), then as a condition of eligibility for loans, purchases, and payments on corn, grain sorghums, and, if designated by the Secretary, barley, respectively, the producers on a farm must set aside and devote to approved conservation uses an acreage of cropland equal to (i) such percentage of the feed grain allotment for the farm as may be specified by the Secretary, plus, if required by the Secretary (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary." (D) amending the third sentence of section 105(c)(1) to read as follows: "The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to feed grains on the farm to a percentage of the farm acreage allotment.", (Yi) Striking out paragraphs (1) and (3) of subsection (e), changing "bases" to "allotments" wherever it appears in paragraph (2) of subsection (e), and striking out all of subsection (F) inserting after the second sentence of section 105(c)(3) the following: "The Secretary may, in the case of programs for the 1974 through 1977 crops, pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences."

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STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

233

COTTON P K O G E A M SUSPENSION OF MARKETING QUOTAS FOR COTTON, MINIMUM BASE ACREAGE ALLOTMENTS

(19) Section 601 is amended by— (A) striking out "1971, 1972, and 1973" wherever it appears therein and inserting "1971 through 1977", (B) striking "1970, 1971, and 1972" from paragraph (2) and inserting "1970 through 1976", (C) effective beginning with the 1974 crop, striking out the following from section 344a(a) in section 601 "for which a farm base acreage allotment is established (other than pursuant to section 350(e)(1)(A)) ", (D) striking "1974" from paragraph (3)(1) and inserting "1978", and by striking "1972 and 1973" from paragraph (4) and inserting "1972 through 1977", (E) effective beginning with the 1974 crop, adding at the end of section 350(a) in paragraph (4) of section 601 the following: "The national base acreage allotment for the 1974 through 1977 crops shall not be less than e'even million acres.", (F) effective beginning with the 1974 crop, striking "soybeans, wheat or feed grains" from the last sentence of section 350(e)(2) in paragraph (4) of section 601 and inserting "soybeans, wheat, feed grains, guar, castor beans, triticale, oats, rye or such other crops as the Secretary may deem appropriate", (G) effective beginning with the 1974 crop, striking the words "an adjoining" in the first sentence of section 350(h) as found in paragraph (4) of section 601, and inserting in lieu thereof "any other nearby".

84 Stat. 1371. 7 USC 1342a.

84 Stat. 1372. 7 USC 1344b.

7 USC 1350. Minimum national base acreage allotment.

COTTON P R O D U C T I O N I N C E N T IV E S (20) Section 602 is amended by— (A) striking "1971, 1972, and 1973" wherever it appears therein and inserting "1971 through 1977", by striking "the 1972 or 1973 crop" where it appears in that part amending section 103(e)(1) of the Agricultural Act of 1949 and inserting "any of the 1972 through 1977 crops", and by striking out "acreage world price" in that part amending section 103(e)(1) of the Agricultural Act of 1949, and substituting "average price of American cotton in world markets"; (B) in that part amending section 103(e)(1) of the Agricultural Act of 1949 striking out "two-year period" wherever it appears therein and substituting "three-year period"; and by striking out that part beginning with "except that" in the first sentence and substituting "except that if the loan rate so calculated is higher than the then current level of average world prices for American cotton of such quality, the Secretary is authorized to adjust the current calculated loan rate for cotton to 90 per centum of the then current average world price."; (C) effective, beginning with the 1974 crop, amending section 103(e)(2) of the Agricultural Act of 1949, as it appears in such section 602 to read as follows: " (2) Payments shall be made for each crop of cotton to the producers on each farm at a rate equal to the amount by which the higher of— "(1) the average market price received by farmers for upland cotton during the calendar year which includes the first five months of the marketing year for such crop, as determined by the Secretary, or

84 Stat. 1374. 7 USC 1444.

Payments.

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 234

t^us*^'i35o^^

land*'r^^tam'^'^"^" program. I'^^f^^^'.lll^' 7 USC 1444.

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

"(2) the loan level determined under paragraph (1) for such crop is less than the established price of 38 cents per pound in the case of the 1974 and 1975 crops, 38 cents per pound adjusted to reflect any change during the calendar year 1975 m the index of prices paid by farmers for production items, interestj taxes, and wage rates in the case of the 1976 crop, and the established price for the 1976 crop adjusted to reflect any change during the calendar year 1976 in such index in the case of the 1977 crop: Provided, That any increase that would otherwise be made in the established price to reflect a change in the index of prices paid by farmers shall be adjusted to reflect any change in (i) the national average yield per acre of cotton for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre of cotton for the three calendar j^ears preceding the year previous to the one for which the determination is made. If the Secretary determines that the producers on a farm are prevented from planting, any portion of the allotment to cotton because of drought, flood, or other natural disaster, or condition beyond the control of the producer, the rate of payment for such portion shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. If the Secretary determines that, because of such a disaster or condition, the total quantity of cotton which the producers are able to harvest on any farm is less than 66% percent of the farm base acreage allotment times the average yield established for the farm, the rate of payment for the deficiency in production below 100 percent shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. The payment rate with respect to any producer who (i) is on a small farm (that is, a farm on which the base acreage allotment is ten acres or less, or on which the yield used in making payments times the farm base acreage allotment is five thousand pounds or less, and for which the base acreage allotment has not been reduced under section 350(f), (ii) resides on such farm, and (iii) derives his principal income from cotton produced on such farm, shall be increased by 30 per centum; but, notwithstanding paragraph (3), such increase shall be made only with respect to his share of cotton actually harvested on such farm within the quantity specified in paragraph (3)." (-'^) ^ffective, beginning with the 1974 crop, amending the third scutence of section 103(e)(4)(A) of the Agricultural Act of 1949, as it appears in such section 602 to read as follows: "The Secretary is authorized for the 1974 through 1977 crops to limit the acreage planted to upland cotton on the farm in excess of the farm base acreage allotment to a percentage of the farm base acreage allotment.". (E) the second sentence of section 103(e)(4)(A) is amended to read as follows: "If a set-aside of cropland is in effect under this paragraph (4), then as a condition of eligibility for loans and payments on upland cotton the producers on a farm must set aside and devote to approved conservation uses an acreage of cropland equal to (i) such percentage of the farm base acreage allotment for the farm as may be specified by the Secretary (not to exceed 28 per centum of the farm base acreage allotment), plus, '\f required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary." (F) the fourth sentence of section 103(e)(4)(A) of the Agricultural Act of 1949 as found in section 602 is amended to read as follows: "The Secretary shall permit producers to plant and graze on set-aside acreage sweet sorghum, and the Secretary may permit, subject to such terms and conditions as he may prescribe, all or

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PUBLIC LAW 93-86-AUG. 10, 1973

any of the set-aside acreage to be devoted to hay and grazing or the production of guar, seasame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply, is not likely to increase the cost of the price-support program, and will not adversely affect farm income." (G) inserting after the second sentence of section 103(e)(5) of the Agricultural Act of 1949 as it appears in such section 602 the following: "The Secretary may in the case of programs for the 1974 through 1977 crops, pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences."

235

84 Stat. 1374. 7 USC 1444.

COMMODITY C R E D I T CORPORATIONS A L E S P R I C E RESTRICTIONS FOR COTTON (21) Section 603 is amended by striking out "1974" and inserting "1978". M I S C E L L A N E O U S COTTON PROVISIONS

84 Stat. 1377. 7 USC 1427

(22) Sections 604, 605, 606, 607, and 608 are each amended by strik- i378"not ^^??05 ing out "1971, 1972, and 1973" and inserting "1971 through 1977". note, i428 note, 1446d note.

COTTON M A R K E T DEVELOPMENT (23) Section 610 is amended by inserting after the words "shall be" in the second sentence the following words "10 million dollars." and by striking the balance of said sentence, and further by striking out "1972 and 1973" and inserting "1972 through 1977" in the third sentence. COTTON I N S E C T E R A D I C A T I O N

84 Stat. 1378. 7 USC 2119.

(24) Title VI is amended by adding at the end thereof the 84 Stat. 1371. following: 99 "SEC. 611. Section 104 of the Agricultural Act of 1949, as amended, 7872 Stat. 174. 3; Stat. is amended by adding a new subsection (d) as follows: i use 1441 " ' (d) In order to reduce cotton production costs, to prevent the "°*^movement of certain cotton plant insects to areas not now infested, and to enhance the quality of the environment, the Secretary 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 programs with respect to pink boUworms or any other major cotton insect if the Secretary determines that methods and systems have been developed 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 Credit Corporation. In carrying out insect eradication projects, the Secretary shall utilize the technical and related services of appropriate Federal, State, private agencies, and cotton organizations. Producers and landowners in an eradication zone, established by the Secretary, who are receiving benefits from any program administered 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 specified 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

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72 as they were looking up, in order to see to cut the wires, they received considerable of it in their faces.

In an instant the white countenances of the lads were changed to black—as black as the burnt-cork performers in a minstrel show. Then came a series of howls.

"Wow! Who did that!"

"I'm blinded! The shed is falling down!"

"Run fellows, run!" screamed Andy. "There's been an explosion. We'll be killed!"

At that moment the big doors of the shed were thrown open, and Mr. Sharp came in. He started back in astonishment at the sight of the three grotesque figures, their faces black with the soot, and their clothes covered with sawdust and shavings, rushing wildly around.

"That will teach you to come meddling around here, Andy Foger!" cried Tom.

"I—I—you—you—Oh, wait—I—you—" spluttered the bully, almost speechless with rage. Sam and Pete were wildly trying to wipe the stuff from their faces, but only made matters worse. They were so startled that they did not know enough to run out of the opened doors.

"Wish we had some more stuff to put on 'em," remarked Ned, who was holding his sides that ached from laughter.

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penaity.

Government of

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

the compliance of producers and landowners who are not receiving benefits from any program administered by the United States Department of Agriculture. Any person who knowingly violates any such regulation promulgated by the Secretary under this subsection msij be assessed a civil penalty of not to exceed $5,000 for each offense. No civil penalty shall be assessed unless the person shall have been given notice and opportunity for a hearing on such charge in the county, parish, or incorporated city of the residence of the person charged. In determining the amount of the penalty the Secretary shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation. Where special measures deemed essential to achievement of the eradication objective are taken by the project and result in a loss of production and income to the producer, the Secretary shall provide reasonable and equitable indemnification from funds available for the project, and also provide for appropriate protection of the allotment, acreage history, and average yield for the farm. The cost of the program m each eradication zone shall be determined, and cotton producers 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 equitable based on population levels of the target insect and the degree of control measures normally required. Each producer's pro rata share shall be deducted from his cotton payment under this Act or otherwise collected, as provided 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 Congress 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 accounted for to the Secretary for appropriate disposition. u ''pj^g Secretary is authorized to cooperate with the Government of

Mexico, coopera-

_^

tion.

Mexico m carrying out operations or measures m Mexico which he deems necessary and feasible to prevent the movement into the United States from Mexico of any insects eradicated under the provisions of this subsection. The measure and character of cooperation carried out under this subsection on the part of the United States and on the part of the Government of Mexico, including the expenditure or use of funds made available by the Secretary under this subsection, shall be such as may be prescribed by the Secretary. Arrangements for the cooperation authorized by this subsection shall be made through and in consultation with the Secretary of State. The Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection. There are hereby authorized to be appropriated to the Commodity Credit Corporation such sums as the Congress may from time to time determine to be necessary to carry out the purposes of this subsection.'." SKIPROW PRACTICES

Ante, p. 235. 79 Stat. 1210. 7 USC 1374.

,

.

.»'

.

r'

.

.

i • i

i

^25) Title VI is further amended by adding the following new section: "SEC. 612. Section 374(a) of the Agricultural Adjustment Act of 1938, as amended, is hereby amended by adding the following new sentence: 'Where cotton is planted in skiprow patterns, the same rules

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PUBLIC LAW 93-86-AUG. 10, 1973

237

that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 through 1977 crops.'." P U B L I C L A W 480 (26) Section 701 is amended by striking out "1973" and inserting 84 Stat. 1379. "1977"; and title VII is further amended by adding at the end thereof the following: Section 103 of such Act is amended by inserting before the semi- so Stat. 1526; colon at the end of subsection (o) the following: "and that com- ^^^u'sclroa mercial supplies are available to meet demands developed through programs carried out under this Act." "SEC. 704. Title IV of such Act is amended by adding at the end so Stat. 1535. thereof the following: ^^^ " 'SEC. 411. No agricultural commodities shall be sold under title I or title III or donated under title II of this Act to North Vietnam, un- 7 USC_ 1701, less by an Act of Congress enacted subsequent to July 1, 1973, assist- 1692, 1724. ance to North Vietnam is specifically authorized.' " MISCELLANEOUS PROVISIONS (27) Title VIII is amended as follows: BEEKEEPER

84 Stat. 1379.

INDEMNITIES

(A) Section 804 is amended by striking out "December 31, 1973" Vsc'lasb^" and inserting "December 31, 1977". note. (B) By adding at the end thereof the following: F H A LOANS "SEC. 807. The first sentence of section 305 of the Consolidated Farm and Rural Development Act is amended by striking out '$100,000' Volo* t. and inserting '$225,000'; and by striking out 'or (b) ' and inserting 847 suaste 1862. 1925. '(b) the loans under such sections to any one borrower to exceed $100,000, or (c)'. "COST OF P R O D U C T I O N S T U D Y "SEC. 808. The Secretary of Agriculture, in cooperation with the land grant colleges, commodity organizations, general farm organizations, and individual farmers, shall conduct a cost of production study of the wheat, feed grain, cotton, and dairy commodities under the various production practices and establish a current national weighted average cost of production. This study shall be updated annually and shall include all typical variable costs, a return on fixed costs equal to the existing interest rates charged by the Federal Land Bank, and return for management comparable to the normal management fees charged by other comparable industries. These studies shall be based upon the size unit that requires one man to farm on a full-time basis. "LIVESTOCK STUDY "SEC. 809. (a) The Secretary of Agriculture is authorized and directed to carry out a comprehensive study and investigation to determine the reasons for the extensive loss of livestock sustained each year, through injury and disease, while such livestock is being transported

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Reports to ongress.

Appropriation.

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

in interstate commerce for commercial purposes. The Secretary is also authorized and directed to conduct, in connection with such study and investigation, an intensive research program for the purpose of developing measures that can be taken to reduce materially the number of animals lost, through injury and disease during transportation for commercial purposes. " (jj) 'j'jjg Secretary of Agriculture shall submit to the Congress not more than four years after the date of enactment of this section a final report on the results of his study and investigation and research together with such recommendations for administrative and legislative action as he deems appropriate. He shall submit such interim reports to the Congress as he deems advisable, but at least one at the end of each twelve month period following the date of enactment of this section. u^^^ There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, but not more than $500,000 in any fiscal year. " W H E A T AND F E E D G E A I N S R E S E A R C H

Appropriation.

"SEC. 810. I n order to reduce fertilizer and herbicide usage in excess of production needs, to develop wheat and feed grain varieties more susceptible to complete fertilizer utilization, to improve the resistance of wheat and feed grain plants to disease and to enhance their conservation and environmental qualities, the Secretary of Agriculture is authorized and directed to carry out regional and national research programs. " I n carrying out such research, the Secretary shall utilize the technical and related services of the appropriate Federal, State, and private agencies. "There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, but not more than $1,000,000 in any fiscal year. "TECHNICAL SUPPORT "SEC. 811. The Department of Agriculture shall provide technical support to exporters and importers of United States agricultural products when so requested. Such support shall include, but not be limited to, a review of the feasibility of the export proposal, adequacy of sources of supply, compliance with trade regulations of the United States and the importing country and such other information or guidance as may be needed to expand and expedite United States agricultural exports by private trading interests.

"EXPORT SALES REPORTING "SEC. 812. All exporters of wheat and wheat flour, feed grains, oil seeds, cotton and products thereof, and other commodities the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period: (a) type, class, and quantity of the commodity sought to be exported, (b) the marketing year of shipment, (c) destination, if known. Individual reports shall remain confidential but shall be compiled by the Secretary and published in compilation form each week following the week of

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PUBLIC LAW 93-86-AUG. 10, 1973

reporting. All exporters of agricultural commodities produced in the United States shall upon request of the Secretary of Agriculture immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as he may request. Any person (or corporation) who knowingly fails to report export sales pursuant to the requirements of this section shall be lined not more than $25,000 or imprisoned not more than one year, or both. The Secretary may, with respect to any commodity or type or class thereof during any period in which he determines that there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements, and that total supplies of such commodity in the exporting countries are estimated to be in surplus, and that anticipated exports will not result in excessive drain on domestic supplies, and that to require the reports to be made will unduly hamper export sales, provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis." "DISASTEK EESERVE

239

Penalty.

"SEC. 813. (a) Notwithstanding any other provision of law, the Secretary of Agriculture shall 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 shall 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 shall acquire such commodities through the price support program. "(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 m relieving distress (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 (42 U.S.C. 1855 et seq.), or (2) 64 Stat. 1109. _p

•

X*

^—'j-i

j - j _ p * ' i i p

42 USC

1855.

tor use m connection with a state 01 civil defense emergency as proclaimed by the President or hj concurrent resolution of the Congress in accordance with the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297). 64 Stat. i246. "(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 Rules and rei?unecessary to carry out the provisions of this section. lations. " (h) There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

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PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

"IMPORTED COMMODITIES "SEC. ^^14. Notwithstanding any other provisions of this Aft. the Secretary shall encourage the production of smy crop of which the United States is a net importer and for which a price support program is not in eflfect by permitting the planting of such crop on set-aside acreage and with no reduction in the rate of payment for the commodity. •'EMERGENCY S U P P L Y OF A G R I C U L T U R A L

r'd^^c'ts''"'*'"^^'

PRODUCTS

"SEC. 815. (a) Notwithstanding any other provision of law, the Secretary of Agriculture shall assist farmers, processors, and distributors in obtaining such prices for agricultural products that an orderly, adequate and steady supply of such products will exist foithe consumers of this nation. " (b) The President shall make appropriate adjustments in the maximum price which may be charged under the provisions of Executive Order 11723 (dated June 13, 1973) or any subsequent Executive Ordeifor any agricultural products (at any point in the distribution chain) as to which the Secretary of Agriculture certifies to the President that the supply of the product will be reduced to unacceptably low levels as a result of any price control or freeze order or regulation and that alternative means for increasing the supply are not available. "(^) ^^i^d^J^ this section, the term 'agricultural products' shall include meat, poultry, vegetables, fruits and all other agricultural commodities in raw or processed form, except forestry products ojfish or fishery products. " (d) The Secretary of Agriculture is directed to implement policies under this Act which are designed to encourage American farmers to produce to their full capabilities during periods of shoil supply to assure American consumers with an adequate supply of food and fiber at fair and reasonable prices. "RURAL DEVELOPMENT

7 USC 2651.

7 USC 2654.

7\rs'c''i92^6'

"SEC. 816. (a) Section 401 of the Rural Development Act of 1972 (^86 Stat. 670) is amended by substituting the words 'fire' and 'fires* for the words 'wildfire' and 'wildfires', respectively, wherever such words appear. "(b) Section 404 of the Rural Development Act of 1972 (86 Stat. H71) is amended to read as follows: " 'SEC. 404. APPROPRIATIONS.—There is authorized to be appropriated to carry out the provisions of this title $7,000,000 for each of three consecutive fiscal years beginning with the fiscal year for which funds are first appropriated and obligated by the Secretary of Agriculture (•arrying out this title.' "(c) Section 306(a) of the Consolidated Farm and Rural Development Act is amended by adding at the end thereof the following: " '(13)(A) The Secretary, under such reasonable rules and conditions as he shall establish, shall make grants to eligible volunteer fire departments for up to 50 per centum of the cost of firefighting equipment needed by such departments but which such departments are imable to purchase through the resources otherwise available to them, and for the cost of the training necessary to enable such departments to use such equipment efficiently. " ' (B) For the purposes of this subsection, the term "eligible volunteer fire department" means any established volunteer fire department in a rural town, village, or unincorporated area where the population

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STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

is less than two thousand but greater than two hundred, as reasonably determined by the Secretary,' "SEC. 817. Section 310B(d) of subtitle A of the Consolidated F a n n and Rural Development Act is amended by adding at the end thereof the following: " "(4) Xo grant or loan authorized to be made under this Act shall require or be subject to the prior approval of any officer, employee, or agency of any State, ' " (5) No loan commitment issued under this section, section 304, or section 312 shall be conditioned upon the applicant investing in excess of 10 per centum in the business or industrial enterprise for which purpose the loan is to be made unless the Secretary determines there are special circumstances which necessitate an equity investment by the applicant greater than 10 per centum. ' " (6) No provision of law shall prohibit issuance by the Secretary of certificates evidencing beneficial ownership in a block of notes insured or guaranteed under this Act or Title V of the Housing Act of 1949; any sale by the Secretary of such certificates shall be treated as a sale of assets for the purposes of the Budget and Accounting Act of 1921. Any security representing beneficial ownership in a block of notes guaranteed or insured under this Act or Title V of the Housing Act of 1949 issued by a private entity shall be exempt from laws administered by the Securities and Exchange Commission, except sections 17, 22, and 24 of the Securities Act of 1933, as amended; however, the Secretary shall require (i) that the issuer place such notes in the custody of an institution chartered by a Federal or State agency to act as trustee and (ii) that the issuer provide such periodic reports of sales as the Secretary deems necessary.'

241

86 Stat. 0 6 3. 7 USC 1932.

75 Stat. 308; 86 Stat. 657, 665. 7 USC 1924, 1942.

63 Stat. 432; 83 Stat. 399. 42 USC 1471.. 42 Stat. 20. 31 USC 2 note.

48 Stat. 84. 15 USC 77q, 77v. 77x.

"AGRICTTLTT'EAL C E N S U S 818. Notwithstanding any other provision of law. the Secretary of Commerce shall conduct a census of agriculture in 1974 as required by section 142 of title 13, Ignited States Code, and shall submit 71 Stat. 483. Fu s, estito the Congress, within thirty days after the date of enactment of the mate,n dsubmittal Agriculture and Consumer Protection Act of 1973, an estimate of the C o n g r e s s. funds needed to conduct such census." (28) By adding at the end thereof the following iiew title X: ''SEC.

'TITLE X—RURAL ENVIRONMENTAL CONSERVATION P R O C T R A M 1001. Notwithstanding any other provision of law the Secretary shall carry out the purposes specified in clauses (1), (2), (3), (4), and (6) of section 7(a) of the Soil Conservation and Domestic Allotment Act, as amended, section 16(b) of such Act, and in the 8649 Stat. 163; Stat. 676. Water Bank Act (16 U.S.C. 1301 et seq.) by entering into contracts of 16 USC 590g, three, five, ten, or twenty-five years with, and at the option of, eligible 590p. owners and operators of land as determined by the Secretary and hav- 84 Stat. 1468. ing such control as the Secretary determines to be needed on the farms, ranches, wetlands, forests, or other lands covered thereby. I n addition, the Secretary is hereby authorized to purchase perpetual easements to promote said purposes of this Title, including the sound use and management of flood plains, shore lands, and aquatic areas of the Nation. Such contracts shall be designed to assist farm, ranch, wetland, and nonindustrial private forest owners and operators, or other owners or operators, to make, in orderly progression over a period of ''SEC.

22-150 O - 75 - IJ

to

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86^stat^676^^' 16 USC 590g, 590p. 84 Stat. 1 4 6 8.

a fo^'^^^"! T^*^" use° plans!"

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

years, such changes, if any, as are needed to effectuate any of the purposes specified in clauses (1), (2), (3), (4), and (6) of section 7(a) "^ ^^® ^^^^ Conservation and Domestic Allotment Act, as amended; section 16(b) of such Act; the Water Bank Act (16 U.S.C. 1301 et seq.); in enlarffing fish and wildlife and recreation sources; in improv- ^ ^ 1 1

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ing the level ot management ot nonindustnal private torest Jniuls; and in providing long-term wildlife and upland game cover. I n carrying out the provisions of this title, due regard shall be given to the maintenance of a continuing and stable supply of agricultural commodities and forest products adequate to meet consumer demand at prices fair to both producers and consumers. "(1) to effectuate the plan for his farm, ranch, forest, wetland, or other land substantially in accordance with the schedule outlined therein; "(2) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder upon his violation of the contract at any stage during the time he has control of the land if the Secretary, after considering the recommendations of the Soil and Water Conservation District Board, or the State forester or other appropriate official in a contract entered into under the provisions of section 1009 of this title, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract; " (3) upon transfer of his right and interest in the farm, ranch, forest, wetland, or other land during the contract period to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract; " (4) not to adopt any practice specified by the Secretary in the contract as a practice which would tend to defeat the purposes of the contract; "SEC. 1002. Eligible landowners and operators for contracts under this title shall furnish to the Secretary a plan of farming operations or land use which incorporates such practices and principles as may be determined by him to be practicable and which outlines a schedule of proposed changes, if any, in cropping systems or land use and of the conservation measures which are to be carried out on the farm, ranch, wetland, forests, or other land during the contract period to protect the farm, ranch, wetland, forests or other land and surrounding areas, its wildlife, and nearby populace and communities from erosion, deterioration, pollution by natural and manmade causes or to insure an adequate supply of timber and related forest products. Said plans may also, in important migratory waterfowl nesting and breeding areas which are identified in a conservation plan developed in cooperation with a soil and water conservation district in which the lands are located, and under such rules and regulations as the Secretary may provide, include a schedule of proposed changes, if any, to conserve surface waters and preserve and improve habitat for migratory waterfowl and other wildlife resources and improve subsurface moisture, including, subject to the provisions of section 1001 of this title, the reduction of areas of new land coming into production, the enhancement of the natural beauty of the landscape, and the promotion of comprehensive and total water management study. "SEC. 1003. (a) Approved conservation plans of eligible landowners and operators developed in cooperation with the soil and water con-

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PUBLIC LAW 93-86-AUG. 10, 1973

servation district or the State forester or other appropriate State official in which their lands are situated shall form a basis for contracts under this title. Under the contract the landowner or operator shall agree— " (5) to comply with all applicable Federal, State, or local laws, and regulations, including those governing environmental protection and noxious weed abatement; and "(6) to such additional provisions as the Secretary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical administration of the program: Provided, That all contracts entered into to effectuate the purposes of the Water Bank Act for wetlands shall contain the further agreement of the owner or operator that he shall not drain, burn, fill, or otherwise destroy the wetland character of such areas, nor use such areas for agricultural purposes: And provided further, That contracts entered into for the protection of wetlands to effectuate the purposes of the Water Bank Act may include wetlands covered by Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary. "(b) In return for such agreement by the landowner or operator the Secretary shall agree to make payments in appropriate circumstances for the use of land maintained for conservation purposes as set forth in this title, and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost-sharing is appropriate and in the public interest. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the physical installation of the conservation practices and measures under the contract, but, in the case of a contract not entered into under an advertising and bid procedure under the provisions of section 1009(d) of this title, not less than 50 per centum or more than 75 per centum of the actual costs incurred by the owner or operator. "(c) The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other similiar conservation, land use, or commodity programs administered by the Secretary. "SEC. 1004. The Secretary is authorized to make available to eligible owners and operators conservation materials including seeds, seed inoculants, soil conditioning materials, trees, plants, and, if he determines it is appropriate to the purposes of this title, fertilizer and liming materials. "SEC. 1005. (a) Notwithstanding the provisions of any other title, the Secretary may establish multiyear set-aside contracts for a period not to extend beyond the 1977 crop. Such contracts may be entered into only as a part of the programs m effect for wheat, feed grains, and cotton for the years 1974 through 1978, and only producers participating in one or more of such programs shall be eligible to contract with the Secretary under this section. Producers agreeing to a multiyear set-aside agreement shall be required to devote this acreage to vegetative cover capable of maintaining itself throughout such period to provide soil protection, water quality enhancement, wildlife production, and natural beauty. Grazing of livestock under this section shall be prohibited. Producers entering into agreements under this section shall

84 Stat. 1468. 16 USC 1301 note.

Land conservation, payments.

Conservation materials, availability.

Multiyear set-aside contracts.

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Cost-sharing incentives.

Regulations.

Advisory board, appointment. 52 Stat. 3 1; 86 Stat. 676. 16 USC 590h. Members.

Meetings.

National advisory board.

PUBLIC LAW 93-86-AUG. 10, 1973

[87

STAT.

also agree to comply with all applicable State and local law and regulation governing noxious weed control. "(b) The Secretary shall provide cost-sharing incentives to farm operators for such cover establishment, whenever a multiyear contract is entered into on all or a portion of the set-aside acreage. "SEC. 1006. The Secretary shall issue such regulations as he determines necessary to carry out the provisions of this title. The total acreage placed under agreements which result in their retirement from production in any county or local community shall in addition to the limitations elsewhere in this title be limited to a percentage of the total eligible acreage in such county or local community which the Secretary determines would not adversely affect the economy of the county or local community. In determining such percentage the Secretary shall give appropriate consideration to the productivity of the acreage being retired, if any, as compared to the average productivity of eligible acreage in such county or local community which the Secretary determines would not adversely affect the economy of the county or local community. "SEC. 1007. (a) The Secretary of Agriculture shall appoint an advisory board in each State to advise the State committee of that State (established under section 8(b) of the Soil Conservation and Domestic Allotment Act) regarding the types of conservation measures that should be approved to effectuate the purposes of this title. The Secretary shall appoint at least six individuals to the advisory board of each State who are especially qualified by reason of education, training, and experience in the fields of agriculture, soil, water, wildlife, fish, and forest management. The advisory board appointed for any State shall meet at least once each calendar year. Said appointed members shall include, but not be limited to, the State soil conservationist, the State forester, the State administrator of the water quality programs, and the State wildlife administrator or their designees: Provided, That such board shall limit its advice to the State committees to the types of conservation measures that should be approved affecting the water bank program; the authorization to purchase perpetual easements to promote the purposes of this title, as described in section 1001 of this title; the providing of long-term upland game cover; and the esablishment and management of approved practices on multiyear set-aside contracts as provided in section 1005 of this title: "(b) The Secretary of Agriculture, through the establishment of a national advisory board to be named in consultation with the Secretary of the Interior, shall seek the advice and assistance of the appropriate officials of the several States in developing the programs under this title, especially in developing guidelines for (1) providing technical assistance for wildlife habitat improvement practices, (2) evaluating effects on surrounding areas, (3) considering aesthetic values, (4) checking compliance by cooperators, and (5) carrying out programs of wildlife management authorized under this title: Provided, That such board shall limit its advice to subjects which cover the types of conservation measures that should be approved regarding the water bank program; the authorization to purchase perpetual easements to promote the purposes of this Act, as described in section 1001 of this title; the providing of long-term upland game cover; and the establishment and management of approved practices on multiyear set-aside contracts as provided in section 1005 of this title. "SEC. 1008. I n carrying out the programs authorized under sections 1001 through 1006 of this title, the Secretary shall, in addition to appropriate coordination with other interested Federal, State, and local agencies, utilize the services of local, county and State committees established under section 8 of the Soil Conservation and Domestic

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 87 STAT. ]

PUBLIC LAW 93-86-AUG. 10, 1973

245

49 Stat. 163; Allotment Act, as amended. The Secretary is also authorized to utilize gg g^^^ g^g the facilities and services of the Commodity Credit Corporation in " le use 590h. discharging his functions and responsibilities under this program. The Secretary shall also utilize the technical services of the Soil Conservation Service, the Forest Service, State forestry organizations, soil and water conservation districts, and other State, and Federal agencies, as appropriate, in development and installation of approved conservation plans under this title. "SEC. 1009. (a) I n furtherance of the purposes of this title, the Sec- ^^1°^^^^^'/^ retary of Agriculture is authorized and directed to develop and carry Jlolram!'^ out a forestry incentives program to encourage the development, management, and protection of nonindustrial private forest lands. The purposes of such a program shall be to encourage landowners to apply practices which will provide for the afforestation of suitable open lands and reforestation of cutover and other nonstocked and understocked forest lands and intensive multiple-purpose management and protection of forest resources so as to provide for production of timber and related benefits. "(b) For the purposes of this section, the term 'non-industrial pri- //^"""/"^e"^**"^^^ vate forest lands' means lands capable of producing crops of industrial lands.•» wood and owned by any private individual, group, association, corporation, or other legal entity. Such term does not include private entities which regularly engage in the business of manufacturing forest products or providing public utilities services of any type, or the subsidiaries of such entities. "(c) The Secretary shall consult with the State forester or other Fe^derai asappropriate official of the respective States in the conduct of the forestry incentives program under this section, and Federal assistance shall be extended in accordance with section 1003(b) of this title. The Secretary shall for the purposes of this section distribute funds available for cost sharing among and within the States only after assessing the public benefit incident thereto, and after giving appropriate consideration to the number and acreage of commercial forest lands, number of eligible ownerships in the State, and counties to be served by such cost sharing; the potential productivity of such lands; and the need for reforestation, timber stand improvement, or other forestry investments on such land. No forest incentives contract shall be ap- umitalion. proved under this section on a tract greater than five hundred acres, unless the Secretary finds that significant public benefit will be incident to such approval. " (d) The Secretary may, if he determines that such action will contribute to the effective and equitable administration of the program established by this section, use an advertising and bid procedure in determining the lands in any area to be covered by agreements. "(e) In implementing the program under this section, the Secretary will cause it to be coordinated with other related programs in such a manner as to encourage the utilization of private agencies, firms, and individuals furnishing services and materials needed in the application of practices included in the forestry incentives improvement program. The Secretary shall periodically report to the appropriate ^o^^^esl/o ai congressional committees of the progress and conduct of the program committees. established under this section. "SEC. 1010. There are hereby authorized to be appropriated annually Appropriation. such sums as may be necessary to carry out the provisions of this title. The programs, contracts, and authority authorized under this title shall be in addition to, and not in substitution for, other programs in such areas authorized by this or any other title or Act, and shall not

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Rh "I have it!" cried Tom, and he caught up a bucket of red paint, that had been used to give the airship its brilliant hue. Running to the end of the loft Tom stood for an instant over the trio of lads who were threatening and imploring by turns.

"Here's another souvenir of your visit," shouted the young inventor, as he dashed the bucket of red paint down on the conspirators. This completed the work of the dirt and soot, and a few seconds later, each face looking like a stage Indian's ready for the war-path, the trio dashed out. They shed shavings, sawdust and lampblack at every step, and from their clothes and hands and faces dripped the carmine paint.

"Better have your pictures taken!" cried Ned, peering from an upper window.

"Yes, and send us one," added Tom, joining his chum. Andy looked up at them. He dug a mass of red paint from his left ear, removed a mass of soot from his right cheek, and, shaking his fist, which was alternately striped red and black, cried out in a rage:

"I'll get even with you yet, Tom Swift!"

"You only got what was coming to you," retorted the young inventor. "The next time you come sneaking around this airship, trying to damage it, you'll get worse, and I'll have you

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[87 STAT.

expire with the termination of any other title or Act: Provided, That not more than $25,000,000 annually shall be authorized to be appropriated for the programs authorized under section 1009 of this Act." ADVISORY COMMITTEE R E P E A L 60 Stat. 1091; 81 Stat. 752.

SEC. 2. Section 301 of the Act of August 14, 1946 (Public Law Y9-733) as amended (7 U.S.C. 1628), is hereby repealed. FOOD STAMPS

84 Stat. 2 048; 86 Stat. 1491.

86 Stat. 1465. 42 USC 1381.

42 USC 1382e.

86 Stat. 1484. 42 USC 301, 1201, 1351. 86 Stat. 1329. 42 USC 401 note. Definition. 78 Stat. 703; 84 Stat. 2 049.

42 USC 4551 note. 21 USC 1101 note. Eligibility standards. 84 Stat. 2 049. Supra,

SEC. 3. The Food Stamp Act of 1964, as amended, is amended as follows: (a) The second sentence of section 3(e) of the Food Stamp Act of 1964 (7 U.S.C. 2012 (e)) is amended— (1) by striking out "o^"; and (2) by inserting before the period at the end thereof the foling: ", or (3) any narcotics addict or alcoholic who lives under the supervision of a private nonprofit organizatioh or institution for the purpose of regular participation in a drug or alcoholic treatment and rehabilitation program." (b) Section 3(e) of the Food Stamp Act of 1964 is amended by striking out the last sentence therein and inserting in lieu thereof the following sentence: "No individual who receives supplemental security income benefits under title X VI of the Social Security Act shall be considered to be a member of a household or an elderly person for any purpose of this Act for any month if such person receives for such month, as part of his supplemental security income benefits or payments described in section 1616(a) of the Social Security Act (if any), an amount equal to the bonus value of food stamps (according to the Food Stamp Schedule effective for July 1973) in addition to the amount of assistance such individual would be entitled to receive for such month under the provisions of the plan of the State approved under title I, X, X IV, or X VI, as appropriate, in effect for December 1973, assuming such plan were in effect for such month and such individual were aged, blind, or disabled, as the case may be, under the provisions of such State plan or under Public Law 92-603 as amended. The Secretary of Health, Education, and Welfare shall issue regulations for the implementation of the foreoging sentence after consultation with the Secretary of Agriculture." (c) Section 3 of the Food Stamp Act of 1964 (7 U.S.C. 2012) is amended by adding at the end thereof the following new subsection: " (n) The term 'drifg addiction or alcoholic treatment and rehabilitation program' means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private nonprofit organization or institution which is certified by the State agency or agencies designated by the Governor as responsible for the administration of the State's programs for alcoholics and drug addicts pursuant to Public Law 91-616 'Comprehensive Alcohol Abuse and Alcohol Prevention, Treatment, and Rehabilitation Act' and Public Law 92-255 'Drug Abuse Office and Treatment Act of 1972' as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics." (d) Section 5 of the Food Stamp Act of 1964 (7 U.S.C. 2014) is amended by adding at the end thereof the following new subsection: " (d) The Secretary shall establish uniform national standards of eligibility for households described in section 3(e)(3) of this Act."

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