§ 1427a. — Reserve inventories for alleviation of distress of natural disaster.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1427a]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1427a. Reserve inventories for alleviation of distress of
natural disaster
(a) Establishment, maintenance and disposal by Secretary; amount and
nature of reserve
Notwithstanding any other provision of law, the Secretary of
Agriculture may under the provisions of this Act establish, maintain,
and dispose of a separate reserve of inventories of not to exceed 75
million bushels of wheat, feed grains, and soybeans for the purpose of
alleviating distress caused by a natural disaster.
Such reserve inventories may include such quantities of grain that
the Secretary deems needed to provide for the alleviation of distress as
the result of a natural disaster.
(b) Acquisition of commodities through price support program
The Secretary may acquire such commodities through the price support
program. However, if the Secretary determines that no wheat, feed
grains, or soybeans are available through the price support program at
locations where they may be economically utilized to alleviate distress
caused by a natural disaster, the Secretary is authorized to purchase
through the facilities of the Commodity Credit Corporation such wheat,
feed grains, soybeans, hay, or other livestock forages as the Secretary
deems necessary for disposition in accordance with the authority
provided in subsection (d) of this section. The Secretary may acquire
wheat, feed grains, soybeans, hay, or other livestock forages at such
locations, at such times, and in such quantities as the Secretary finds
necessary and appropriate and may pay such transportation and other
costs as may be required to permit disposition of such wheat, feed
grains, soybeans, hay, and other livestock forages under subsection (d)
of this section.
(c) Prerequisites for sale or disposition of commodities in reserve
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) Additional authorization for disposition of commodities to relieve
distress or for civil defense emergencies
The Secretary is also authorized to dispose of such commodities only
for (1) use in relieving distress (A) in any State, the District of
Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States,
(B) in connection with any major disaster or emergency determined by the
President to warrant assistance by the Federal Government under the
Disaster Relief and Emergency Assistance Act (88 Stat. 143, as amended;
42 U.S.C. 5121), and (C) in connection with any emergency determined by
the Secretary to warrant assistance under section 1427 of this title,
the Act of September 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427
note), or section 2267 \1\ of this title; or (2) use in connection with
a state of civil defense emergency as proclaimed by the President or by
concurrent resolution of the Congress in accordance with title VI of The
\2\ Robert T. Stafford Disaster Relief and Emergency Assistance Act [42
U.S.C. 5195 et seq.].
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\1\ See References in Text note below.
\2\ So in original. Probably should not be capitalized.
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(e) Sale at equivalent prices for maintenance of reserve
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) Utilization of Commodity Credit Corporation and usual and customary
channels, etc., of trade and commerce
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) Rules and regulations
The Secretary may issue such rules and regulations as may be
necessary to carry out the provisions of this section.
(h) Authorization of appropriations
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.
(Pub. L. 91-524, title VIII, Sec. 813, as added Pub. L. 93-86,
Sec. 1(27)(B), Aug. 10, 1973, 87 Stat. 239; amended Pub. L. 95-113,
title XI, Sec. 1103, Sept. 29, 1977, 91 Stat. 953; Pub. L. 97-98, title
X, Sec. 1003, Dec. 22, 1981, 95 Stat. 1260; Pub. L. 100-707, title I,
Sec. 109(b), Nov. 23, 1988, 102 Stat. 4708; Pub. L. 103-337, div. C,
title XXXIV, Sec. 3412(b)(3), Oct. 5, 1994, 108 Stat. 3111.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 91-524, Nov. 30,
1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For complete
classification of this Act to the Code, see Short Title of 1970
Amendment note set out under section 1281 of this title and Tables.
The Disaster Relief and Emergency Assistance Act and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, referred to in
subsec. (d), are Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended,
which is classified principally to chapter 68 (Sec. 5121 et seq.) of
Title 42, The Public Health and Welfare. Title VI of the Act is
classified generally to subchapter IV-B (Sec. 5195 et seq.) of chapter
68 of Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 5121 of Title 42 and Tables.
Act of September 21, 1959, referred to in subsec. (d), is Pub. L.
86-299, Sept. 21, 1959, 73 Stat. 574, as amended, which is set out as a
note under section 1427 of this title.
Section 2267 of this title, referred to in subsec. (d), was repealed
by Pub. L. 100-387, title I, Sec. 101(b)(1), Aug. 11, 1988, 102 Stat.
931.
Codification
Section was enacted as part of the Agricultural Act of 1970 as added
by the Agriculture and Consumer Protection Act of 1973, and not as part
of the Agricultural Act of 1949 which is classified principally to this
chapter. For complete classification of the 1949 Act to the Code, see
Short Title note set out under section 1421 of this title and Tables.
Amendments
1994--Subsec. (d). Pub. L. 103-337 substituted ``title VI of The
Robert T. Stafford Disaster Relief and Emergency Assistance Act'' for
``the provisions of the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2251-2297)''.
1988--Subsec. (d). Pub. L. 100-707 substituted ``and Emergency
Assistance Act'' for ``Act of 1974''.
1981--Subsec. (a). Pub. L. 97-98 substituted ``may'' for ``shall''
wherever appearing.
Subsec. (b). Pub. L. 97-98 substituted ``Secretary may acquire such
commodities'' for ``Secretary shall acquire such commodities''.
1977--Subsec. (b). Pub. L. 95-113, Sec. 1103(a), inserted provisions
authorizing Secretary to act if it is determined that no wheat, feed
grains, or soybeans are available through the price support program at
locations where they can be economically utilized to alleviate distress
caused by a natural disaster.
Subsec. (d). Pub. L. 95-113, Sec. 1103(b), substituted ``(A) in any
State, the District of Columbia, Puerto Rico, Guam, or the Virgin
Islands of the United States, (B) in connection with any major disaster
or emergency determined by the President to warrant assistance by the
Federal Government under the Disaster Relief Act of 1974, and (C) in
connection with any emergency determined by the Secretary to warrant
assistance under section 1427 of this title, the Act of September 21,
1959, or section 2267 of this title'' for ``(a) in any State, the
District of Columbia, Puerto Rico, Guam, or the Virgin Islands and (b)
in connection with any major disaster determined by the President to
warrant assistance by the Federal Government under Public Law 875,
Eighty-first Congress, as amended''.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Commodity Credit Corporation Fund; Disaster Reserve Assistance Program
Pub. L. 105-18, title II, June 12, 1997, 111 Stat. 170, provided in
part: ``That notwithstanding any other provision of law, beginning on
October 1, 1997, grain in the disaster reserve established in the
Agricultural Act of 1970 [see Short Title of 1970 Amendment note set out
under section 1281 of this title] shall not exceed 20 million bushels''.
