the producer to divert from production all of one or more crops designated by the Secretary; and (B) shall not provide for diversion from the production of upland cotton in any county in which the county committee by resolution determines, and requests of the Secretary, that there should not be such diversion in 1966.

(c) Federal costs; annual adjustment payment.

Under such agreements the Secretary shall (1) bear such part of the average cost (including labor) for the county or area in which the farm is situated of establishing and maintaining authorized practices or uses on the designated acreage as the Secretary determines to be necessary to effectuate the purposes of the program, but not to exceed the average rate for comparable practices or uses under the agricultural conservation program, and (2) make an annual adjustment payment to the producer for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the producers. The rate or rates of annual adjustment payments as determined hereunder may be increased by an amount determined by the Secretary to be appropriate in relation to the benefit to the general public of the use of the designated acreage if the producer further agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. The Secretary and the producer may agree that the annual adjustment payments for all years of the agreement period shall be made either upon approval of the agreement or in such installments as they may agree to be desirable: Provided, That for each year any annual adjustment payment is made in advance of performance, the annual adjustment payment shall be reduced by 5 per centum. The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the program.

(d) Advertising and bid procedures.

The Secretary shall, unless he determines that such action will be inconsistent with the effective administration of the program, use an advertising and bid procedure in determining the lands in any area to be covered by agreements. The total acreage placed under contract in any county or local community shall 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 as compared to the average productivity of eligible acreage in the county or local community.

(e) Annual adjustment payment; limitation.

The annual adjustment payment shall not exceed 40 per centum of the estimated value, as determined by the Secretary, on the basis of prices in effect at the time the agreement is entered into, of the crops or types of crops which might otherwise be grown.

The estimated value may be established by the Secretary on a county, area, or individual farm basis as he deems appropriate.

(f) Termination or modification of agreements.

The Secretary may terminate any agreement with a producer by mutual agreement with the producer if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration. (g) Allotment histories.

Notwithstanding any other provision of law, the Secretary of Agriculture may, to the extent he deems it desirable, provide by appropriate regulations for preservation of cropland, crop acreage, and allotment history applicable to acreage diverted from the production of crops in order to establish or maintain vegetative cover or other approved practices for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation or for participation in such program.

(h) Utilization of local, county, and State committees.

In carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 590h of Title 16. (i) Transfer of funds.

For the purpose of obtaining an increase in the permanent retirement of cropland to noncrop uses the Secretary may, notwithstanding any other provision of law, transfer funds available for carrying out the program to any other Federal agency or to States or local government agencies for use in acquiring cropland for the preservation of open spaces, natural beauty, the development of wildlife or recreational facilities, or the prevention of air or water pollution under terms and conditions consistent with and at costs not greater than those under agreements entered into with producers, provided the Secretary determines that the purposes of the program will be accomplished by such action.

(j) Conservation of open spaces, natural beauty, and recreational resources, and prevention of pollution.

The Secretary also is authorized to share the cost with State and local governmental agencies in the establishment of practices or uses which will establish, protect, and conserve open spaces, natural beauty, wildlife or recreational resources, or prevent air or water pollution under terms and conditions and at costs consistent with those under agreements entered into with producers, provided the Secretary determines that the purposes of the program will be accomplished by such action.

(k) Limitation on payments during any calendar year. In carrying out the program, the Secretary shall not during any of the fiscal years ending June 30. 1966 through June 30, 1969 or during the period June 30, 1969 through December 31, 1970, enter into agreements with producers which would require payments to producers in any calendar year under such agreements in excess of $225,000,000 plus any amount by which agreements entered into in prior fiscal years

require payments in amounts less than authorized for such prior fiscal years. For purposes of applying this limitation, the annual adjustment payment shall be chargeable to the year in which performance is rendered regardless of the year in which it is made.

(1) Use of facilities of Commodity Credit Corporation. The Secretary is authorized to utilize the facilities, services, authorities, and funds of the Commodity Credit Corporation in discharging his functions and responsibilities under this program, including payment of costs of administration: Provided, That after December 31, 1966, the Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subchapter unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subchapter. There are hereby authorized to be appropriated such sums as may be necessary to carry out the program, including such amounts as may be required to make payments to the Corporation for its actual costs incurred or to be incurred under this program. (m) Payment to successor upon death, incompetence, or disappearance of producer entitled to payment. In case any producer who is entitled to any payment or compensation dies, becomes incompetent, or disappears before receiving such payment or compensation, or is succeeded by another who renders or completes the required performance, the payment or compensation shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and so provide by regulations.

(n) Sharing of compensation or payments with tenants and sharecroppers.

The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments or compensation under this program.

(0) Effect of diversion on commodity programs.

The acreage on any farm which is diverted from the production of any commodity pursuant to an agreement hereafter entered into under this subchapter shall be deemed to be acreage diverted from that commodity for the purposes of any commodity program under which diversion is required as a con. dition of eligibility for price support.

(p) Advisory Board on Wildlife; membership.

The Secretary may, without regard to the civil service laws, appoint an Advisory Board on Wildlife to advise and consult on matters relating to his functions under this subchapter as he deems appropriate. The Board shall consist of twelve persons chosen from members of wildlife organizations, farm organizations, State game and fish agencies, and representatives of the general public. Members of such Advisory Board who are not regular full-time employees of the United States shall not be entitled to any compensation or expenses.

(q) Rules and regulations.

The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions

of this subchapter. (Pub. L. 89-321, title VI, § 602, Nov. 3, 1965, 79 Stat. 1206; Pub. L. 90-210, Dec. 18, 1967, 81 Stat. 657; Pub. L. 90–559, § 1(1), (7), Oct. 11, 1968, 82 Stat. 996.)

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (p), are classified generally to Title 5, Government Organization and Employees.

CODIFICATION

The last sentence of section 602(g) of Pub. L. 89-321 repealed section 590p(b) (3), (4), and (e) (6) of Title 16, Conservation, and was omitted from subsec. (g) of this section.

AMENDMENTS

1968 Subsec. (a). Pub. L. 90–559, § 1(1), provided for a one year extension through 1970.

Subsec. (k). Pub. L. 90-559, § 1(7), substituted "June 30, 1969" for "June 30, 1968" in two instances and "December 31, 1970" for "December 31, 1969".

1967-Subsec. (a). Pub. L. 90-210 permitted a farm to be placed in the cropland adjustment program without regard to the length of past ownership if that farm was acquired in replacement of an eligible farm which was taken by any Federal, State, or other agency by means of eminent domain proceedings.

§ 1851. Disposal of stocks; annual report.

(a) The Commodity Credit Corporation shall, as rapidly as possible consistent with its existing authority, the operation of the price support program, and orderly liquidation, dispose of all stocks of agricultural commodities held by it.

(b) The Secretary shall report annually on his operations under subsection (a) of this section and such reports shall show

(1) the quantities of surplus commodities on hand;

(2) the methods of disposition utilized and the quantities disposed of during the preceding twelve months;

(3) the methods of disposition to be utilized and the estimated quantities that can be disposed of during the succeeding twelve months;

(4) a detailed program for the expansion of markets for surplus agricultural commodities through marketing and utilization research and improvement of marketing facilities; and

(5) recommendations for additional legislation necessary to accomplish the purposes of this section.

(May 28, 1956, ch. 327, title II, § 201, 70 Stat. 198.) CODIFICATION

Provisions of subsec. (b) which required the Secretary to submit recommendations to Congress within 90 days after May 28, 1956, are omitted as executed.

§ 1852. Extra-long staple cotton; quota; sale for export.

(a) On and after May 28, 1956, the quota for cotton having a staple length of one and one-eighth inches or more, established September 20, 1939, pursuant to section 624 of this title, shall apply to the same grades and staple lengths included in the quota when such quota was initially established. Such quota shall provide for cotton having a staple length of one and eleven-sixteenths inches and longer, and shall establish dates for the quota year which will recognize and permit entry to conform to normal marketing practices and requirements for such cotton.

(b) Beginning not later than August 1, 1956, the Commodity Credit Corporation is directed to sell for export at competitive world prices its stocks of domestically produced extra long staple cotton on hand on May 28, 1956. The amount offered and the price accepted by the Commodity Credit Corporation shall be such as to dispose of such quantity in an orderly manner and within a reasonable period of time. (May 28, 1956, ch. 327, title II, § 202, 70 Stat. 199.)

§ 1852a. Repealed. Pub. L. 90-475, § 8, Aug. 11, 1968, 82 Stat. 703.

Section, Pub. L. 88-638, § 3, Oct. 8, 1964, 78 Stat. 1038, authorized the Commodity Credit Corporation to encourage export sales of extra long staple cotton which is in surplus supply at competitive world prices.

EFFECTIVE DATE OF REPEAL

Section 8 of Pub. L. 90-475 provided in part that the effective date of repeal of this section is Aug. 1, 1968.

§ 1853. Export sales program for cotton.

In furtherance of the current policy of the Commodity Credit Corporation of offering surplus agricultural commodities for sale for export at competitive world prices, the Commodity Credit Corporation is directed to use its existing powers and authorities immediately upon the enactment of this Act to encourage the export of cotton by offering to make cotton available at prices not in excess of the level of prices at which cottons of comparable qualities are being offered in substantial quantity by other exporting countries and, in any event, for the cotton marketing year beginning August 1, 1956, at prices not in excess of the minimum prices (plus carrying charges, beginning October 1, 1956, as established pursuant to section 1427 of this title) at which cottons of comparable qualities were sold under the export program announced by the United States Department of Agriculture on August 12, 1955. The Commodity Credit Corporation may accept bids in excess of the maximum prices specified herein but shall not reject bids at such maximum prices unless a higher bid is received for the same cotton. Cottons of qualities not comparable to those of cottons sold under the program announced on August 12, 1955, shall be offered at prices not in excess of the maxi

mum prices prescribed hereunder for cottons of qualities comparable to those of cottons sold under such program, with appropriate adjustment for differences in quality. Such quantities of cotton shall be sold as will reestablish and maintain the fair historical share of the world market for United States cotton, said volume to be determined by the Secretary of Agriculture. (May 28, 1956, ch. 327, title II, § 203, 70 Stat. 199.)

REFERENCES IN TEXT

The enactment of this Act, referred to in the text, means the enactment of the Agricultural Act of 1956, which was May 28, 1956.

AGRICULTURAL ACT OF 1958 NOT TO AFFECT COTTON EXPORT PROGRAM

Section 110 of Pub. L. 85-835, Aug. 28, 1958, 72 Stat. 993, provided that: "Nothing in this Act [see Short Title note under section 1344 of this title] shall be construed to affect or modify the provisions of section 203 of the Agricultural Act of 1956 [this section], and any cotton owned or acquired by the Commodity Credit Corporation under any price support program may be used for the purpose of carrying out the cotton export program provided for in section 203 of the Agricultural Act of 1956 [this section]." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1349 of this title.

§ 1854. Agreements limiting imports.

The President may, whenever he determines such action appropriate, negotiate with representatives of foreign governments in an effort to obtain agreements limiting the export from such countries and the importation into the United States or any agricultural commodity or product manufactured therefrom or textiles or textile products, and the President is authorized to issue regulations governing the entry or withdrawal from warehouse of any such commodity, product, textiles, or textile products to carry out any such agreement. In addition, if a multilateral agreement has been or shall be concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such an agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement. Nothing herein shall affect the authority provided under section 624 of this title. (May 28, 1956, ch. 327, title II, § 204, 70 Stat. 200; June 19, 1962, Pub. L. 87-488, 76 Stat. 104.)

AMENDMENTS

1962-Pub. L. 87-488 authorized the President to issue regulations governing entry or withdrawal from warehouse of articles which are products of countries not parties to a multilateral agreement respecting such

articles.

Ex. ORD. No. 11539. DELEGATIONS OF AUTHORITY CONCERNING CERTAIN MEATS

Ex. Ord. No. 11539, June 30, 1970, 35 F.R. 10733, provided:

By virtue of the authority vested in me by section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854) [this section], and section 301 of title 3 of the United States Code and as President of the United States, it is ordered as follows:

SECTION 1. The Secretary of State, with the concurrence of the Secretary of Agriculture and the Special Representative for Trade Negotiations, is authorized to negotiate bilateral agreements with representatives of governments of foreign countries limiting the export from the

respective countries and the importation into the United States of fresh, chilled, or frozen cattle meat (item 106.10 of the Tariff Schedules of the United States) [section 1202 of Title 19] and fresh, chilled, or frozen meat of goats and sheep, except lambs (item 106.20 of the Tariff Schedules of the United States) which are the products of such countries.

SEC. 2. The Secretary of Agriculture, with the concurrence of the Secretary of State and the Special Representative for Trade Negotiations, is authorized to issue regulations governing the entry or withdrawal from warehouse for consumption in the United States of any such meats to carry out any such agreement.

SEC. 3. The Commissioner of Customs shall take such actions and supply such information to the Secretary of Agriculture with respect to entry or withdrawal from warehouse for consumption in the United States of such meats as the Secretary of Agriculture, with the Concurrence of the Secretary of State and the Special Representative for Trade Negotiations, may request to carry out any such agreements or regulations.

SEC. 4. Heads of departments and heads of agencies are hereby authorized to redelegate within their respective departments or agencies the functions herein assigned to them, except that the function of negotiating agreements delegated to the Secretary of State by section 1 and the function of issuing regulations delegated to the Secretary of Agriculture by section 2 of this order may be redelegated only to officials required to be appointed by and with the advice and consent of the Senate, as provided by 3 U.S.C. 301.

RICHARD NIXON.

§ 1855. Supplemental appropriations to encourage exportation and domestic consumption of agricultural products.

There is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1957, the sum of $500,000,000 to enable the Secretary of Agriculture to further carry out the provisions of section 612c of this title, subject to all provisions of law relating to the expenditure of funds appropriated by such section, except that up to 50 per centum of such $500,000,000 may be devoted during any fiscal year to any one agricultural commodity or the products thereof. (May 28, 1956, ch. 327, title II, § 205, 70 Stat. 200.)

§ 1856. Transfer of bartered materials to supplemental stockpile; limitation of acquisition to certain programs; appropriations.

(a) Strategic and other materials acquired by the Commodity Credit Corporation as a result of barter or exchange of agricultural commodities or products, unless acquired for the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act, or for other purposes shall be transferred to the supplemental stockpile established by section 1704 (b) of this title; but no strategic or critical material shall be acquired by the Commodity Credit Corporation as a result of such barter or exchange except for such national stockpile, for such supplemental stockpile, for foreign economic or military aid or assistance programs, or for offshore construction programs, or to meet requirements of Government agencies.

(b) Repealed. Pub. L. 87-456, title III, § 303(c), May 24, 1962, 76 Stat. 78.

(c) In order to reimburse the Commodity Credit Corporation for materials transferred to the supplemental stockpile there are hereby authorized to be appropriated amounts equal to the value of any materials so transferred. The value of any such

material for the purpose of this subsection, shall be the lower of the domestic market price or the Commodity Credit Corporation's investment therein as of the date of such transfer as determined by the Secretary of Agriculture. (May 28, 1956, ch. 327, title II, § 206, 70 Stat. 200; Sept. 6, 1958, Pub. L. 85931, § 7, 72 Stat. 1791; Sept. 21, 1959, Pub. L. 86–341, title II, § 204, 73 Stat. 611; May 24, 1962, Pub. L. 87-456, title III, § 303(c), 76 Stat. 78.)

REFERENCES IN TEXT

The Strategic and Critical Materials Stock Piling Act. referred to in subsec. (a), is classified to sections 98-98h of Title 50, War and National Defense.

AMENDMENTS

1962 Subsec. (b). Pub. L. 87-456 repealed former subsec. (b), which permitted strategic materials acquired by the Commodity Credit Corporation as a result of barter or exchange of agricultural commodities or products to be entered, or withdrawn from warehouse, free of duty. See Revised Tariff Schedules set out in section 1202 of Title 19. Customs Duties.

1959 Subsec. (a). Pub. L. 86-341 authorized acquisition of strategic and critical materials for national stockpile to meet requirements of Government agencies.

1958 Subsec. (a). Pub. L. 85-931 limited acquisition of strategic and critical materials for national stockpile, supplemental stockpile, foreign economic or military aid or assistance programs and offshore construction programs.

EFFECTIVE DATE OF 1962 AMENDMENT

Repeal of subsec. (b) of this section effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501 (a) of Pub. L. 87-456.

§ 1857. Surplus Disposal Administrator; appointment; duties.

The Secretary of Agriculture is authorized to appoint an agricultural surplus disposal administrator whose duties shall include responsibility for activities of the Department, including those of the Commodity Credit Corporation, relating to the disposal of surplus agricultural commodities as the Secretary may direct. (May 28, 1956, ch. 327, title II, § 207, 70 Stat. 200; Oct. 11, 1962, Pub. L. 87-793, § 607(a) (6), 76 Stat. 849.)

AMENDMENTS

1962-Pub. L. 87-793 eliminated provisions which authorized payment of salary at a rate not exceeding $15,000 per annum.

EFFECTIVE DATE OF 1962 AMENDMENT Repeal of provisions of this section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 610 of Pub. L. 87-793.

§ 1858. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 658.

Section, act May 28, 1956, ch. 327, title II, § 209, 70 Stat. 201, established a bipartisan Commission on Increased Industrial Use of Agricultural Products.

§ 1859. Donation to penal and correctional institutions. Notwithstanding any other limitations as to the disposal of surplus commodities acquired through price support operations, the Commodity Credit Corporation is authorized on such terms and under such regulations as the Secretary of Agriculture may deem in the public interest, and upon application, to donate food commodities acquired through price support operations to Federal penal and correctional institutions, and to State correctional institutions for minors, other than those in which food

service is provided for inmates on a fee, contract, or concession basis. (May 28, 1956, ch. 327, title II, § 210, 70 Stat. 202.)

AUTHORIZATION FOR COMMODITY CREDIT CORPORATION To PURCHASE AND DONATE FLOUR AND CORNMEAL Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635 as authorizing Commodity Credit Corporation to purchase and donate flour and cornmeal when it has wheat or corn available for donation pursuant to this section, see note set out under section 1431 of this title.

§ 1860. Federal irrigation, drainage, and flood-control projects.

(a) Restriction on crop loans or farm payments or benefits.

For a period of three years from May 28, 1956, no agricultural commodity determined by the Secretary of Agriculture in accordance with subsection (c) of this section to be in surplus supply shall receive any crop loans or Federal farm payments or benefits if grown on any newly irrigated or drained lands within any Federal irrigation or drainage project hereafter authorized unless such lands were used for the production of such commodity prior to May 28, 1956.

(b) Contract provisions; ineligibility for benefits.

The Secretary of the Interior and the Secretary of Agriculture shall cause to be included, in all irrigation, drainage, or flood-control contracts entered into with respect to Federal irrigation, drainage, or flood-control projects hereafter authorized, such provisions as they may deem necessary to provide for the enforcement of the provisions of this section. For a period of three years from May 28, 1956, surplus crops grown on lands reclaimed by flood-control projects hereafter authorized and the lands so reclaimed shall be ineligible for any benefits under the soil-bank provisions of this Act and under price support legislation.

(c) Determination and proclamation of surplus agricultural commodities.

On or before October 1 of each year, the Secretary of Agriculture shall determine and proclaim the agricultural commodities the supplies of which are in excess of estimated requirements for domestic consumption and export plus adequate reserves for emergencies. The commodities so proclaimed shall be considered to be in surplus supply for the purposes of this section during the succeeding crop year.

(d) Definitions.

For the purposes of this section the term "Federal irrigation or drainage project" means any irrigation or drainage project subject to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) in effect at the date of the adoption of this amendment and any irrigation or drainage project subject to the laws relating to irrigation and drainage administered by the Department of Agriculture or the Secretary of Agriculture. (May 28, 1956, ch. 327, title II, § 211, 70 Stat. 202.)

REFERENCES IN TEXT

The soil-bank provisions of this Act, referred to in subsec. (b), probably has reference to those provisions of the Agricultural Act of 1956 which enacted the Soil Bank Act, and which are classified to chapter 45 of this title.

§ 1901. Findings and declaration of policy.

The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economies in slaughtering operations; and produces other benefits for producers, processors, and consumers which tend to expedite an orderly flow of livestock and livestock products in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the slaughtering of livestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods. (Pub. L. 85-765, § 1, Aug. 27, 1958, 72 Stat. 862.)

§ 1902. Humane methods.

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it