Title 7 — Agriculture
Chapter 33 — Farm Tenancy
§ 1011. Powers of Secretary of Agriculture
Statutory text
To effectuate the program provided for in section 1010 of this title, the Secretary is authorized—
Repealed. Pub. L. 87–703, title I, § 102(b), , 76 Stat. 607.
To protect, improve, develop, and administer any property so acquired and to construct such structures thereon as may be necessary to adapt it to its most beneficial use.
To sell, exchange, lease, or otherwise dispose of, with or without a consideration, any property so acquired, under such terms and conditions as he deems will best accomplish the purposes of this subchapter, but any sale, exchange, or grant shall be made only to public authorities and agencies and only on condition that the property is used for public purposes: Provided, however, That an exchange may be made with private owners and with subdivisions or agencies of State governments in any case where the Secretary of Agriculture finds that such exchange would not conflict with the purposes of the Act, and that the value of the property received in exchange is substantially equal to that of the property conveyed. The Secretary may recommend to the President other Federal, State, or Territorial agencies to administer such property, together with the conditions of use and administration which will best serve the purposes of a land-conservation and land-utilization program, and the President is authorized to transfer such property to such agencies.
With respect to any land, or any interest therein, acquired by, or transferred to, the Secretary for the purposes of this subchapter, to make dedications or grants, in his discretion, for any public purpose, and to grant licenses and easements upon such terms as he deems reasonable.
To cooperate with Federal, State, territorial, and other public agencies and local nonprofit organizations in developing plans for a program of land conservation and land utilization or plans for the conservation, development and utilization of water for aquacultural purposes, to assist in carrying out such plans by means of loans to State and local public agencies and local nonprofit organizations designated by the State legislature or the Governor, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this subchapter, and to disseminate information concerning these activities. As used in this subsection, the term “aquaculture” means the culture or husbandry of aquatic animals or plants. Loans to State and local public agencies and to local nonprofit organizations shall be made only if such plans have been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this subsection in excess of $500,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. A loan under this subsection shall be made under a contract that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan in not more than 30 years, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest ⅛ of 1 percent. Repayment of principal and interest on such loans shall begin within 5 years. In providing assistance for carrying out plans developed under this subchapter, the Secretary shall be authorized to bear such proportionate share of the costs of installing any works of improvement applicable to public water-based fish and wildlife or recreational development as is determined by him to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs: Provided, That all engineering and other technical assistance costs relating to such development may be borne by the Secretary: Provided further, That when a State or other public agency or local nonprofit organization participating in a plan developed under this subchapter agrees to operate and maintain any reservoir or other area included in a plan for public waterbased fish and wildlife or recreational development, the Secretary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the State or other public agency or local nonprofit organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That in no event shall the Secretary share any portion of the cost of installing more than one such work of improvement for each seventy-five thousand acres in any project; and that any such public water-based fish and wildlife or recreational development shall be consistent with any existing comprehensive statewide outdoor recreation plan found adequate for purposes of chapter 2003 of title 54; and that such cost-sharing assistance for any such development shall be authorized only if the Secretary determines that it cannot be provided under other existing authority.
The Secretary shall also be authorized in providing assistance for carrying out plans developed under this subchapter:
To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any reservoir structure constructed or modified pursuant to such plans: Provided, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agency or local nonprofit organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than 50 per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: And provided further, That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be the average rate, as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue;
To provide, for the benefit of rural communities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality management, for the control and abatement of agriculture-related pollution, for the disposal of solid wastes, and for the storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs.
To make such rules and regulations as he deems necessary to prevent trespasses and otherwise regulate the use and occupancy of property acquired by, or transferred to, the Secretary for the purposes of this subchapter, in order to conserve and utilize it or advance the purposes of this subchapter. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401(b) to (e) of title 18.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
The Bankhead-Jones Farm Tenant Act
Pub. L. 75–517 · 50 Stat. 522
Enacted · 7 U.S.C. § 1011
July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525
Source evidence
Code source credit
July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525Public Law not identified
Inserted · 7 U.S.C. § 1011(c)
Subsec. (c). Act July 28, 1942, inserted proviso
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act July 28, 1942, inserted proviso.Food and Agriculture Act of 1962
Pub. L. 87–703 § 102(b) · 76 Stat. 605
Repealed · 7 U.S.C. § 1011(a)
Pub. L. 87–703, § 102(b), repealed authority of Secretary to acquire submarginal land and land not primarily suitable for cultivation, and interests in and options on such land
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–703, § 102(b), repealed authority of Secretary to acquire submarginal land and land not primarily suitable for cultivation, and interests in and options on such land.Enacted provision · exact public law section
(b) Subsection (a) of section 32 of title III of the Bankhead-Jones Repeal. Farm Tenant Act, as amended, is repealed. 50 Stat. 526. 7 USC 1011.Food and Agriculture Act of 1962
Pub. L. 87–703 § 102(c) · 76 Stat. 605
Changed · 7 U.S.C. § 1011(e)
Pub. L. 87–703, § 102(c), authorized Secretary to assist in carrying out the plans by means of loans to State and local public agencies, conditioned loans on absence of disapproval of plans within 45 days, prescribed a $250,000 limitation on appropriation for a single loan without prior committee approval and provided for loan contracts and interest and repayment of principal and interest
Source evidence
Code amendment note
Subsec. (e). Pub. L. 87–703, § 102(c), authorized Secretary to assist in carrying out the plans by means of loans to State and local public agencies, conditioned loans on absence of disapproval of plans within 45 days, prescribed a $250,000 limitation on appropriation for a single loan without prior committee approval and provided for loan contracts and interest and repayment of principal and interest.Enacted provision · exact public law section
(c) Section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended, is amended to read as follows: “(e) to cooperate With Federal, State, territorial, and other public agencies in developing plans for a program of land con-serration and land utilization, to assist in carrying out such plans by means of loans to State and local public agencies designated by the State legislature or the Governor, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this title, and to disseminate information concerning these activities. Loans to State and local public agencies shall be made only if such plans have been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this subsection in excess of $250,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with interest at the average, rate, as determined by the Secretary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the beginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue. Repayment of principal and interest on such loans shall begin within 5 years.”Pub. L. 87–869 § 7 · 76 Stat. 1157
Substituted · 7 U.S.C. § 1011(f)
Pub. L. 87–869 substituted “by a fine of not more than $500 or imprisonment for not more than six months, or both” for “as prescribed in section 104 of title 18”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 87–869 substituted “by a fine of not more than $500 or imprisonment for not more than six months, or both” for “as prescribed in section 104 of title 18”.Enacted provision · exact public law section
Sec. 7. Section 32(f) of the Act of July 22, 1937 (50 Stat. 526; 7 U.S.C. 1011(f) ) is amended to make the last sentence thereof read as follows: “Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both”.Pub. L. 88–537 · 78 Stat. 745
Amended · 7 U.S.C. § 1011(f)
Pub. L. 88–537 provided that persons charged with violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner as in section 3401(b) to (e) of Title 18, Crimes and Criminal Procedure
Source evidence
Code amendment note
Subsec. (f). Pub. L. 88–537 provided that persons charged with violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner as in section 3401(b) to (e) of Title 18, Crimes and Criminal Procedure.Pub. L. 89–796 § 1(b) · 80 Stat. 1478
Inserted · 7 U.S.C. § 1011
Pub. L. 89–796 inserted “local nonprofit organizations” to the enumerated public agencies to which this section is applicable
Source evidence
Code amendment note
Pub. L. 89–796 inserted “local nonprofit organizations” to the enumerated public agencies to which this section is applicable.Enacted provision · exact public law section
(1) inserting “and local nonprofit organizations” immediately after “public agencies” each place it occurs in the first sentence thereof; andPub. L. 91–343 · 84 Stat. 439
Inserted · 7 U.S.C. § 1011(e)
Pub. L. 91–343 inserted provisions authorizing Secretary to bear an equitable share of the costs of installing works of improvement, to bear all engineering and other technical assistance costs, and to bear up to one half of the costs of land, easements or rights of way and minimum basic public facilities, and limited the Federal contribution to one work of improvement for each seventy-five thousand acres in any project where such assistance is not provided under any other authority
Source evidence
Code amendment note
Subsec. (e). Pub. L. 91–343 inserted provisions authorizing Secretary to bear an equitable share of the costs of installing works of improvement, to bear all engineering and other technical assistance costs, and to bear up to one half of the costs of land, easements or rights of way and minimum basic public facilities, and limited the Federal contribution to one work of improvement for each seventy-five thousand acres in any project where such assistance is not provided under any other authority.Rural Development Act of 1972
Pub. L. 92–419 title III § 301 · 86 Stat. 657
Inserted · 7 U.S.C. § 1011(e)
Pub. L. 92–419 inserted par. (1) and (2) provisions which authorized Secretary of Agriculture to provide Federal assistance for water storage and for water quality management, for control and abatement of agriculture-related pollution, for disposal of solid wastes, and for storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–419 inserted par. (1) and (2) provisions which authorized Secretary of Agriculture to provide Federal assistance for water storage and for water quality management, for control and abatement of agriculture-related pollution, for disposal of solid wastes, and for storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection.Enacted provision · exact public law section
Sec. 301. Bankhead-Jones Farm Tenant Act Amendments.— Section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended 7 U.S.C. 1011, is amended by adding at the end thereof the 76 Stat. 607; 84 Stat. 439. following: “The Secretary shall also be authorized in providing assistance for Water storage, Federal assistance . carrying out plans developed under this title: “(1) To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any reservoir structure constructed or modified pursuant to such plans: Provided, That the Limitation. cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agency or local nonprofit organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than 50 per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: And provided further, That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be the average rate, as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue; “(2) To provide, for the benefit of rural communities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality management, for the control and abatement of agriculture-related pollution, for the disposal of solid wastes, and for the storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural file protection, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs.”Food and Agriculture Act of 1977
Pub. L. 95–113 title XV · 91 Stat. 913
Inserted · 7 U.S.C. § 1011(e)
Pub. L. 95–113 inserted reference to plans for the conservation, development, and utilization of water for aquacultural purposes
Inserted · 7 U.S.C. § 1011(e)
Pub. L. 95–113 inserted definition of “aquaculture”
Substituted · 7 U.S.C. § 1011(e)
Pub. L. 95–113 substituted “$500,000” for “$250,000”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–113 inserted reference to plans for the conservation, development, and utilization of water for aquacultural purposes, inserted definition of “aquaculture”, and substituted “$500,000” for “$250,000”.Enacted provision · exact public law
TITLE XV— RURAL DEVELOPMENT AND CONSERVATION Sec. 1501. agricultural conservation program (a) Section 8 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1149, as amended; 16 U.S.C. 590h) is amended by— (1) striking out the first three sentences of subsection (b) and Conservation and environmental assistance. inserting in lieu thereof the following: “The Secretary is authorized to carry out the policy and purposes specified in section 7(a) of this Act by providing financial assistance to agricultural producers for carrying out enduring conservation and environmental enhancement measures. Eligibility for financial assistance shall be based upon the existence of a conservation or environmental prob-lem which reduces the productive capacity of the Nation’s land and water resources or causes degradation of environmental quality. “The amount of financial assistance to be provided shall be that portion of the cost of installing conservation and environmental enhancement measures which the Secretary determines is necessary. In determining the level of payment, consideration will be given to (A) the amount of expected conservation or environmental benefit accruing to society, (B) the total cost of carrying out the needed measures, (C) the degree to which appropriate conservation or pollution abatement practices will be applied in the absence of financial assistance, and (D) in order to avoid duplication of assistance, the degree to which the agricultural producer benefits from other public programs for conservation and environmental enhancement. “The Secretary, in formulating the national program, shall take into consideration (A) the need to control erosion and sedimentation from agricultural land and to conserve the water resources on such land, (B) the need to control pollution from animal wastes, (C) the need to facilitate sound resources management systems through soil and water conservation, (D) the need to encourage voluntary compliance by agricultural producers with Federal and State requirements to solve point and nonpoint sources of pollution, (E) national priorities reflected in the National 42 USC 4321 note. Environmental Policy Act of 1969 and other congressional and administrative actions, (F) the degree to which the measures contribute to the national objective of assuring a continuous supply of food and fiber necessary for the maintenance of a strong and healthy people and economy, and (G) the type of conservation measures needed to improve water quality in rural America.”; (2) designating as a separate paragraph that portion of the first paragraph of subsection (b) not amended by paragraph (1) of this subsection; and (3) striking out the first three paragraphs of subsection (e) and inserting in lieu thereof the following: “Payments made by the Secretary under subsection (b) of this section to agricultural producers shall be divided among landlords, tenants, and sharecroppers in proportion to the extent such landlords, tenants, and sharecroppers contribute to the cost of carrying out the conservation or environmental enhancement measures. The maximum payment which may be made to any person shall be determined by the Secretary.”. (b) Section 15 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151, as amended; 16 U.S.C. 590o) is amended by— (1) adding at the end of the first sentence three new sentences as follows: “The amount appropriated shall be available until expended. A specified amount or percentage of the appropriation shall be designated for long-term agreements based on farm and ranch conservation plans approved by local conservation districts, where such districts are organized. The Secretary shall distribute the funds available for financial assistance among the several States in accordance with their conservation needs, as determined by the Secretary.”; and (2) striking out the second paragraph. Sec. 1502. inclusion of aquaculture and human nutrition among the basic functions of the department of agriculture (a) Section 520 of the Revised Statutes, as amended (7 U.S.C. 2201), is amended by striking out “agriculture and rural development” and inserting in lieu thereof “agriculture, rural development, aquaculture, and human nutrition.”. (b) Subsection (a) of section 526 of the Revised Statutes, as amended (7 U.S.C. 2204(a)), is amended by striking out “agriculture and rural development” and inserting in lieu thereof “agriculture, rural development, aquaculture, and human nutrition”. Sec. 1503. aquaculture loan authority (a) Section 32(e) of title III of the BankheadJones Farm Tenant Act (50 Stat. 526, as amended; 7 U.S.C. 1011(e)) is amended by— (1) inserting immediately after “land utilization” the following: “or plans for the conservation, development, and utilization of water tor aquacultural purposes”; and (2) inserting immediately before the second sentence a new “Aquaculture.” sentence as follows: “As used in this subsection, the term ‘aquaculture’ means the culture or husbandry of aquatic animals or plants.”. (b) Section 310B(a) of subtitle A of the Consolidated Farm and Rural Development Act (86 Stat. 663; 7 U.S.C. 1932(a)) is amended by (1) striking out the period at the end of the first sentence and inserting in lieu thereof the following: “, and the conservation, development, and utilization of water for aquaculture purposes.”; and (2) adding at the end thereof a new sentence as follows: “As “Aquaculture.” used in this subsection, the. term ‘aquaculture’ means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish.”. Sec. 1504. disposition of excess federal property to rural fire forces Section 402 of the Rural Development Act of 1972 (86 Stat. 670; 7 U.S.C. 2652) is amended by inserting “(a)” before the first sentence and adding at the end thereof new subsections (b) and (c) as follows: “(b) The Secretary, with cooperation and assistance from the Administrator of the General Services Administration, shall encourage the use of excess personal property (within the meaning of the Federal Property and Administrative Services Act of 1949) by rural 40 USC 471 note fire forces receiving assistance under this title. “(c) To promote maximum program effectiveness and economy, the Secretary shall closely coordinate the assistance provided under this title with assistance provided under other fire protection and rural development programs administered by the Secretary.”. Sec. 1505. rural community fire protection program Section 404 of the Rural Development Act of 1972 Appropriation authorization. (86 Stat. 671, as amended; 7 U.S.C. 2654) is amended by adding at the end thereof a new sentence as follows: “There is further authorized to be appropriated to carry out the provisions of this title not to exceed $7,000,000 for each of the fiscal years ending September 30, 1978, September 30, 1979, and September 30, 1980.”. Sec. 1506. congressional approval of watershed protection and flood prevention projects The Watershed Protection and Flood Prevention Act (68 Stat. 666, as amended) is amended as follows: (a) Section 2 (16 U.S.C. 1002) is amended by striking out “$250,000” and inserting in lieu thereof “$1,000,000”. (b) Section 5(3) (16 U.S.C. 1005(3)) is amended by striking out “$250,000” and inserting in lieu thereof “$1,000,000”. (c) Section 5(4) (16 U.S.C. 1005(4)) is amended by striking out “$250,000” and inserting in lieu thereof “$1,000,000”. Sec. 1507. congressional approval of resource conservation and development project loans The third sentence of section 32(e) of title III of the BankheadJones Farm Tenant Act (50 Stat. 525, as amended; 7 U.S.C. 1011(e)) is amended by striking out “$250,000” and inserting in lieu thereof “$500,000”. Sec. 1508. watershed loan authority The last sentence of section 8 of the Watershed Protection and Flood Prevention Act (70 Stat. 1090, as amended; 16 U.S.C. 1006a) is amended by striking out “five million dollars” and inserting in lieu thereof “$10,000,000”. Sec. 1509. multiyear set-aside Section 1005 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (87 Stat. 243; 16 U.S.C. 1505) is amended by— (1) striking out “1977” and inserting in lieu thereof “1981”; (2) striking out “1978” and inserting in lieu thereof “1982”; and (3) amending the fourth sentence to read as follows: “Grazing of livestock under this section shall be prohibited, except in areas of a major disaster as determined by the President if the Secretary finds there is a need therefor, as a result of such disaster.”. Sec. 1510. authority to make deferred loan payments The Consolidated Farm and Rural Development Act (75 Stat. 307, as amended) is amended as follows: (a) Section 309 (7 U.S.C. 1929) is amended by adding in subsection (f) (3) between the words “any” and “defaulted” the words “deferred or”. (b) Section 309A (7 U.S.C. 1929a) is amended by adding in subsection (g) (3) between the words “any” and “defaulted” the words “deferred or”. Sec. 1511. critical lands resource conservation program Notwithstanding any other provision of law— (a) The Secretary of Agriculture is authorized to formulate and carry out a program with owners and operators of land in the Great Plains area as described in section 16(b) of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151, as amended; 16 U.S.C. 590p(b)) to reduce runoff, soil and water erosion, and otherwise to promote the conservation of soil and water resources in such area through the conversion of cropland from soil depleting uses to con-serving uses including the production of soil conserving cover crops. (b) To effectuate the purposes of the program, the Secretary may Agreement. enter into an agreement for a two-year period with an owner or operator as described in subsection (a) whereby the owner or operator shall agree to devote to a soil conserving cover crop a specifically designated acreage of cropland on the farm up to 50 per centum of the acreage which had been planted to any soil depleting crop or crops in any of the two years preceding the date of the agreement. The agreement shall be renewable for annual periods thereafter subject to the mutual agreement of the owner or operator and the Secretary. In such agreement, the owner or operator shall agree (1) to plant a legume, or if not adapted to such area, an annual, biennial, or a perennial cover crop, as specified in the agreement; (2) to divert from production such portion of one or more crops designated by the Secretary as the Secretary determines necessary to effectuate the purpose of the program; (3) not to harvest any crop from or graze the designated acreage during the agreement period, unless the Secretary determines that it is necessary to permit grazing or harvesting in order to alleviate damage, hardship, or suffering caused by severe drought, flood, or other natural disaster, and consents to such grazing or harvesting subject to an appropriate reduction in the rate of payment; (4) to give adequate assurance, as specified by the Secretary, that the land was not acquired for the purpose of placing it in the program: Provided, That the foregoing provision shall not prohibit the continuation of an agreement by a new owner if an agreement has once been entered into under this section nor prevent an owner or operator from placing a farm in the program if the farm was acquired by the owner to replace an eligible farm from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain; (5) to forfeit all rights to further payments under the agreement and refund to the United States all payments received thereunder upon his violation of the agreement at any stage during the time he has control of the land if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if the Secretary determines that the violation by the owner or operator does not warrant termination of the agreement; (6) upon transfer of his right and interest in the farm, during the agreement period, to forfeit all rights to further payments under the agreement and refund to the United States all payments received thereunder unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement; (7) not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and (8) to such additional provisions as the Secretary determines are desirable to effectuate the purposes of the program or to facilitate the practical administration of the program, including such measures as the Secretary may deem appropriate to keep the designated acreage from eroding and free from weeds and rodents in accordance with good conservation systems. (c) In consideration for such agreement, the Secretary shall make Annual adjustment payments. annual adjustment payments to the owner or operator for the period of the agreement at such rate or rates not in excess of $30 per acre as the Secretary determines to be fair and reasonable. The Secretary may use an advertising and bid procedure in determining the lands in any area to be covered by agreements and the payment rate therefor. The Secretary and the owner or operator may agree that the annual adjustment payments for 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. (d) The Secretary may terminate any agreement under the program, by mutual agreement with the owner or operator, if the Secretary determines that such termination would be in the public interest, and may agree with the owner or operator to such modification of agreements as the Secretary may determine to be desirable to carry out the purposes of the program or facilitate its administration. (e) The Secretary may, to the extent the Secretary 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 to establish vegetative cover 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. (f) In carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 8 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1149, as amended; 16 U.S.C. 590h) and the technical services of the Soil Conservation Service and soil and water conservation districts. (g) In case any producer who is entitled to any payment under the program dies, becomes incompetent, or disappears before receiving such payment, or is succeeded by another who renders or completes the required performance, the payment shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable. (h) 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 under the program. (i) The Secretary shall prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section. (j) There are hereby authorized to be appropriated for the period beginning October 1, 1977, and ending September 30, 1981, such sums as may be necessary to carry out the program provided for in this Commodity Credit Corporation, utilization. section. The Secretary is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation in discharging the Secretary’s functions and responsibilities under the program, including payment of costs of administration: Provided, That the Commodity Credit Corporation shall not make any expenditures for such purposes unless the Corporation has received funds to cover such expenditures from appropriations made to carry out this section.Effective date note
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.Pub. L. 103–437 § 4(a)(4) · 108 Stat. 4581
Substituted · 7 U.S.C. § 1011(e)
Pub. L. 103–437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”.Enacted provision · exact public law section
(4) section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)).Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title VII § 791(a) · 110 Stat. 888
Added · 7 U.S.C. § 1011(e)
Pub. L. 104–127 added fifth sentence
Struck · 7 U.S.C. § 1011(e)
Pub. L. 104–127 struck out former fifth sentence which read as follows: “Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with interest at the average rate, as determined by the Secretary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the beginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–127 added fifth sentence and struck out former fifth sentence which read as follows: “Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with interest at the average rate, as determined by the Secretary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the beginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue.”Enacted provision · exact public law section
(a) Bankhead-Jones Farm Tenant Act.— Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011) is amended by striking the fifth sentence and inserting the following: “A loan under this subsection shall be made under a contract that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan in not more than 30 years, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest ⅛ of 1 percent”.Pub. L. 113–287 § 5(a) · 128 Stat. 3094
Substituted · 7 U.S.C. § 1011(e)
Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”.Enacted provision · exact public law section
(a) Title 7, United States Code.— Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code”.
9 of 16 references resolved to an enrolled provision · 6 partial · 1 unresolved
Editorial Notes
References in Text
The Act, referred to in subsec. (c), is the Bankhead-Jones Farm Tenant Act which is classified generally to this chapter (§ 1000 et seq.). For complete classification of the Act to the Code, see section 1000 of this title and Tables.
Amendments1942–2014 · 10 rounds
2014
Subsec. (e). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”.
1996
Subsec. (e). Pub. L. 104–127 added fifth sentence and struck out former fifth sentence which read as follows: “Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with interest at the average rate, as determined by the Secretary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the beginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue.”
1994
Subsec. (e). Pub. L. 103–437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”.
1977
Subsec. (e). Pub. L. 95–113 inserted reference to plans for the conservation, development, and utilization of water for aquacultural purposes, inserted definition of “aquaculture”, and substituted “$500,000” for “$250,000”.
1972
Subsec. (e). Pub. L. 92–419 inserted par. (1) and (2) provisions which authorized Secretary of Agriculture to provide Federal assistance for water storage and for water quality management, for control and abatement of agriculture-related pollution, for disposal of solid wastes, and for storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection.
1970
Subsec. (e). Pub. L. 91–343 inserted provisions authorizing Secretary to bear an equitable share of the costs of installing works of improvement, to bear all engineering and other technical assistance costs, and to bear up to one half of the costs of land, easements or rights of way and minimum basic public facilities, and limited the Federal contribution to one work of improvement for each seventy-five thousand acres in any project where such assistance is not provided under any other authority.
1966
Pub. L. 89–796 inserted “local nonprofit organizations” to the enumerated public agencies to which this section is applicable.
1964
Subsec. (f). Pub. L. 88–537 provided that persons charged with violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner as in section 3401(b) to (e) of Title 18, Crimes and Criminal Procedure.
1962
Subsec. (a). Pub. L. 87–703, § 102(b), repealed authority of Secretary to acquire submarginal land and land not primarily suitable for cultivation, and interests in and options on such land.
Subsec. (e). Pub. L. 87–703, § 102(c), authorized Secretary to assist in carrying out the plans by means of loans to State and local public agencies, conditioned loans on absence of disapproval of plans within 45 days, prescribed a $250,000 limitation on appropriation for a single loan without prior committee approval and provided for loan contracts and interest and repayment of principal and interest.
Subsec. (f). Pub. L. 87–869 substituted “by a fine of not more than $500 or imprisonment for not more than six months, or both” for “as prescribed in section 104 of title 18”.
1942
Subsec. (c). Act , inserted proviso.
Statutory Notes and Related Subsidiaries
Change of Name
“United States magistrate judge” substituted for “United States magistrate” in subsec. (f) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–113 effective , see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.
Repeal; Savings Provision
Section repealed by Pub. L. 94–579, title VII, § 706(a), , 90 Stat. 2793, effective on and after , insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
Existing Rights-of-Way
Provisions of section 706(a) of Pub. L. 94–579, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see note set out under section 1701 of Title 43, Public Lands.
Adjustment of Sebastian Martin Grant Boundary Disputes
Act Aug. 11, 1945, ch. 366, 59 Stat. 532, provided for the adjustment of the Sebastian Martin grant boundary disputes.
Executive Documents
Transfer of Functions
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective , set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished, and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
Functions of Secretary of the Interior under section 402 of 1946 Reorg. Plan No. 3, with respect to use and disposal from lands under jurisdiction of Secretary of Agriculture of those mineral materials which Secretary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining, transferred to Secretary of Agriculture, see Pub. L. 86–509, , 74 Stat. 205, set out as a note under section 2201 of this title.
Functions of Secretary of Agriculture with respect to uses of mineral deposits in lands under subsec. (c) of this section transferred to Secretary of the Interior by 1946 Reorg. Plan No. 3, § 402, eff. , 11 F.R. 7876, 60 Stat. 1099, set out in the Appendix to Title 5, Government Organization and Employees.
Delegation of Functions
Authority of President under subsec. (c) of this section to transfer to Federal, State, or Territorial agencies lands acquired by Secretary of Agriculture under subsec. (a) of this section delegated to Administrator of General Services, see section 1(14) of Ex. Ord. No. 11609, , 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.
Credits
1937–2014 · 14 acts
- 1937July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525
- 1942July 28, 1942, ch. 531, 56 Stat. 725
- 1962Pub. L. 87–703, title I, § 102(b), (c), , 76 Stat. 607
- 1962Pub. L. 87–869, § 7, , 76 Stat. 1157
- 1964Pub. L. 88–537, , 78 Stat. 745
- 1966Pub. L. 89–796, § 1(b), , 80 Stat. 1478
- 1968Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118
- 1970Pub. L. 91–343, , 84 Stat. 439
- 1972Pub. L. 92–419, title III, § 301, , 86 Stat. 669
- 1977Pub. L. 95–113, title XV, §§ 1503(a), 1507, , 91 Stat. 1021, 1022
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117
- 1994Pub. L. 103–437, § 4(a)(4), , 108 Stat. 4581
- 1996Pub. L. 104–127, title VII, § 791(a), , 110 Stat. 1151
- 2014Pub. L. 113–287, § 5(a), , 128 Stat. 3263.
Show as published
(July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525; July 28, 1942, ch. 531, 56 Stat. 725; Pub. L. 87–703, title I, § 102(b), (c), , 76 Stat. 607; Pub. L. 87–869, § 7, , 76 Stat. 1157; Pub. L. 88–537, , 78 Stat. 745; Pub. L. 89–796, § 1(b), , 80 Stat. 1478; Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118; Pub. L. 91–343, , 84 Stat. 439; Pub. L. 92–419, title III, § 301, , 86 Stat. 669; Pub. L. 95–113, title XV, §§ 1503(a), 1507, , 91 Stat. 1021, 1022; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117; Pub. L. 103–437, § 4(a)(4), , 108 Stat. 4581; Pub. L. 104–127, title VII, § 791(a), , 110 Stat. 1151; Pub. L. 113–287, § 5(a), , 128 Stat. 3263.)