§ 1444a. — Corn and feed grains and cotton programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1444a]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER II--BASIC AGRICULTURAL COMMODITIES
Sec. 1444a. Corn and feed grains and cotton programs
(a) Referendum of 1958 corn producers
Not later than December 15, 1958, the Secretary shall conduct a
referendum of producers of corn in 1958 in the commercial corn-producing
area for 1958 to determine whether such producers favor a price support
program as provided in subsection (b) of this section for the 1959 and
subsequent crops in lieu of acreage allotments as provided in the
Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.],
and price support as provided in section 1441 of this title.
(b) Operative status of certain provisions
Notwithstanding any other provision of law, if less than a majority
of the producers voting in the referendum conducted pursuant to
subsection (a) of this section favor a price support program as provided
in this subsection (b), the following provisions of law shall become
inoperative:
(1) [Section enacted section 1329a of this title.]
(2) [Section enacted section 1444b of this title.]
(3) [Section repealed section 1441(d)(4) of this title.]
(c) Cotton research program
The Secretary of Agriculture is hereby authorized and directed to
conduct a special cotton research program designed to reduce the cost of
producing upland cotton in the United States at the earliest practicable
date. There are hereby authorized to be appropriated such sums, not to
exceed $10,000,000 annually, as may be necessary for the Secretary to
carry out this special research program. The Secretary shall report
annually to the Committee on Agriculture of the House of Representatives
and to the Committee on Agriculture, Nutrition, and Forestry of the
Senate with respect to the results of such research.
(d) Cotton insect eradication
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 bollworms 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 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 may 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 in 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.
The Secretary is authorized to cooperate with the Government of
Mexico in carrying out operations or measures in 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 cooperations
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.
(Oct. 31, 1949, ch. 792, title I, Sec. 104, as added Pub. L. 85-835,
title II, Sec. 201, Aug. 28, 1958, 72 Stat. 993; amended Pub. L. 88-297,
title I, Sec. 103(a), Apr. 11, 1964, 78 Stat. 174; Pub. L. 91-524, title
VI, Sec. 611, Nov. 30, 1970, as added Pub. L. 93-86, Sec. 1(24), Aug.
10, 1973, 87 Stat. 235; Pub. L. 103-437, Sec. 4(a)(6), Nov. 2, 1994, 108
Stat. 4581.)
References in Text
The Agricultural Adjustment Act of 1938, as amended, referred to in
subsec. (a), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,
which is classified principally to chapter 35 (Sec. 1281 et seq.) of
this title. For complete classification of this Act to the Code, see
section 1281 of this title and Tables.
This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792,
63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which
is classified principally to this chapter (Sec. 1421 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 1421 of this title and Tables.
Codification
Subsec. (b)(1) of this section, as added by section 201 of Pub. L.
85-835, enacted section 330 of Agricultural Adjustment Act of 1938,
which is classified as section 1329a of this title.
Subsec. (b)(2) of this section, as added by section 201 of Pub. L.
85-835, enacted section 105 of Agricultural Act of 1949, which is
classified as section 1444b of this title.
Subsec. (b)(3) of this section, as added by section 201 of Pub. L.
85-835, repealed section 101(d)(4) of Agricultural Act of 1949, and was
executed to text in the repeal of section 1441(d)(4) of this title.
Amendments
1994--Subsec. (c). Pub. L. 103-437 substituted ``Committee on
Agriculture, Nutrition, and Forestry'' for ``Committee on Agriculture
and Forestry''.
1973--Subsec. (d). Pub. L. 91-524, Sec. 611, as added Pub. L. 93-86,
Sec. 1(24), added subsec. (d).
1964--Subsec. (c). Pub. L. 88-297 added subsec. (c).
1958 Referendum for Selection of Alternative Corn Program; Operative
Status of Certain Provisions
Corn producers voted for adoption of price support program as
provided in subsec. (b) of this section (254,262) rather than
alternative corn acreage allotment and price support program (102,907),
the ballot making operative sections 1329a and 1444b and repeal of
section 1441(d)(4) of this title.
