Title 7 — Agriculture
Chapter 35 — Agricultural Adjustment Act of 1938
§ 1291. Adjustments in freight rates
Statutory text
Complaints by Secretary of Agriculture; notice of hearings
The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
Secretary as party to proceedings
If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
Utilization of records, services, etc., of Department of Agriculture
For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
Cooperation with complaining farm associations
The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.
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.
Agricultural Adjustment Act of 1938
Pub. L. 75–30 · 52 Stat. 31
Enacted · 7 U.S.C. § 1291
Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36
Source evidence
Code source credit
Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36ICC Termination Act of 1995
Pub. L. 104–88 title III § 311 · 109 Stat. 803
Substituted · 7 U.S.C. § 1291
Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsec. (b)
Substituted · 7 U.S.C. § 1291
Pub. L. 104–88 substituted “Board” for “Commission” in subsec. (b)
Substituted · 7 U.S.C. § 1291
Pub. L. 104–88 substituted “Board’s” for “Commission’s” in subsec. (b)
Source evidence
Code amendment note
Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a), (c), and (d), “Board” for “Commission” wherever appearing in subsecs. (a) and (b), and “Board’s” for “Commission’s” in subsec. (b).Enacted provision · exact public law section
SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS. Section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291) is amended— (1) by striking “Interstate Commerce Commission” each place it appears and inserting in lieu thereof “Surface Transportation Board”; (2) by striking “Commission” each place it appears (other than a place to which paragraph (1) applies) and inserting in lieu thereof “Board”; and (3) by striking “Commission’s” in subsection (b) and inserting in lieu thereof “Board’s”.Effective date note
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
1995—Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a), (c), and (d), “Board” for “Commission” wherever appearing in subsecs. (a) and (b), and “Board’s” for “Commission’s” in subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Credits
1938–1995 · 2 acts
- 1938Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36
- 1995Pub. L. 104–88, title III, § 311, , 109 Stat. 948.
Show as published
(Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, , 109 Stat. 948.)