Title 7 — Agriculture
Part F · Chapter 35 — Agricultural Adjustment Act of 1938
§ 1385. Finality of payments and loans; substitution of beneficiaries
Statutory text
The facts constituting the basis for any chapter 3B of title 16 payment, any payment under the wheat, feed grain, upland cotton, extra long staple cotton, and rice programs authorized by chapter 35A of this title and this chapter, any loan, or price support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. In case any person who is entitled to any such payment 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 of Agriculture may determine to be fair and reasonable in all the circumstances and provide by regulations. This section also shall be applicable to payments provided for under section 1348 of this title.
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. § 1385
Feb. 16, 1938, ch. 30, title III, § 385, 52 Stat. 68
Source evidence
Code source credit
Feb. 16, 1938, ch. 30, title III, § 385, 52 Stat. 68Food and Agriculture Act of 1962
Pub. L. 87–703 title III § 322 · 76 Stat. 605
Inserted · 7 U.S.C. § 1385
Pub. L. 87–703 inserted “payment under section 1339 of this title,” after “parity payment,”
Source evidence
Code amendment note
Pub. L. 87–703 inserted “payment under section 1339 of this title,” after “parity payment,”.Enacted provision · exact public law section
Sec. 322. Section 385 of the Agricultural Adjustment Act of 1938, 52 Stat. 68. 7 USC 1385. Ante, p. 622. as amended, is hereby amended by inserting in the first sentence after “parity payment,” the following: “payment under section 339,”.Agricultural Act of 1964
Pub. L. 88–297 title I § 102 · 78 Stat. 173
Changed · 7 U.S.C. § 1385
Pub. L. 88–297 provided for application of this section to payments in kind to equalize cost of cotton to domestic and foreign users
Source evidence
Code amendment note
Pub. L. 88–297 provided for application of this section to payments in kind to equalize cost of cotton to domestic and foreign users.Enacted provision · exact public law section
Sec. 102. Section 385 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following: “This section also shall be applicable to payments provided for under section 348 of this title.”Agricultural Act of 1970
Pub. L. 91–524 title IV § 404(5) · 84 Stat. 1358
Inserted · 7 U.S.C. § 1385
Pub. L. 91–524 temporarily inserted references to payments under the cotton set-aside program and to payments (including certificates) under the wheat and feed grain set-aside programs. See Effective and Termination Dates of 1970 Amendment note below
Source evidence
Code amendment note
Pub. L. 91–524 temporarily inserted references to payments under the cotton set-aside program and to payments (including certificates) under the wheat and feed grain set-aside programs. See Effective and Termination Dates of 1970 Amendment note below.Enacted provision · exact public law section
(5) by adding in the first sentence of section 385 after the words “parity payment,” the words “payments (including certificates) under the wheat and feed grain set-aside programs,”.Pub. L. 94–214 title III § 302 · 90 Stat. 181
Inserted · 7 U.S.C. § 1385
Pub. L. 94–214 temporarily inserted reference to payments under the rice program authorized by section 1441(g) of this title. See Effective and Termination Dates of 1976 Amendment note below
Source evidence
Code amendment note
Pub. L. 94–214 temporarily inserted reference to payments under the rice program authorized by section 1441(g) of this title. See Effective and Termination Dates of 1976 Amendment note below.Enacted provision · exact public law section
Sec. 302. finality of farmers’ payments and loans Effective only with respect to the 1976 and 1977 crops of 7 USC 1385 note. 7 USC 1385. rice, section 385 of the Agricultural Adjustment Act of 1938 is amended in the first sentence thereof by inserting immediately after “cotton set-aside program,” the following: “payments under the rice program authorized by section 101(g) of the Agricultural Act of 1949”. 7 USC 1441.Food and Agriculture Act of 1977
Pub. L. 95–113 title IV § 405 · 91 Stat. 913
Amended · 7 U.S.C. § 1385
Pub. L. 95–113 temporarily amended first sentence generally. See Effective and Termination Dates of 1977 Amendment note below
Source evidence
Code amendment note
Pub. L. 95–113 temporarily amended first sentence generally. See Effective and Termination Dates of 1977 Amendment note below.Enacted provision · exact public law section
Sec. 405. finality of determinations Effective only for the 1978 through 1981 crops, section 385 of the Agricultural Adjustment Act of 1938 as amended, is amended by 7 USC 1385. amending the first sentence to read as follows: “The facts constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, and rice programs authorized by the Agricultural Act of 1949 and this Act, any loan, or price 7 USC 1421 note. support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.”.Agriculture and Food Act of 1981
Pub. L. 97–98 title XI § 1102 · 95 Stat. 1213
Amended · 7 U.S.C. § 1385
Pub. L. 97–98 amended first sentence generally
Source evidence
Code amendment note
Pub. L. 97–98 amended first sentence generally.Enacted provision · exact public law section
Sec. 1102. finality of determinations The first sentence of section 385 of the Agricultural Adjustment Act of 1938 is amended to read as follows: “The facts 7 USC 1385. constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, and rice programs authorized by the Agricultural Act of 1949 and this Act, any loan, or price support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.”.Effective date note
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.Food Security Act of 1985
Pub. L. 99–198 title X § 1017(a) · 99 Stat. 1354
Inserted · 7 U.S.C. § 1385
Pub. L. 99–198 inserted “extra long staple cotton,” after “upland cotton,” in first sentence
Source evidence
Code amendment note
Pub. L. 99–198 inserted “extra long staple cotton,” after “upland cotton,” in first sentence.Enacted provision · exact public law section
(a) The first sentence of section 385 of the Agricultural 7 USC 1385 note. Adjustment Act of 1938 (7 U.S.C. 1385) is amended by inserting “extra long staple cotton,” after “upland cotton,”.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Conservation Act, probably meaning the Soil Conservation and Domestic Allotment Act.
Chapter 35A [§ 1421 et seq.] of this title, referred to in text, was in the original a reference to the Agricultural Act of 1949.
Amendments1940–1985 · 9 rounds
1985
Pub. L. 99–198 inserted “extra long staple cotton,” after “upland cotton,” in first sentence.
1981
Pub. L. 97–98 amended first sentence generally.
1977
Pub. L. 95–113 temporarily amended first sentence generally. See Effective and Termination Dates of 1977 Amendment note below.
1976
Pub. L. 94–214 temporarily inserted reference to payments under the rice program authorized by section 1441(g) of this title. See Effective and Termination Dates of 1976 Amendment note below.
1970
Pub. L. 91–524 temporarily inserted references to payments under the cotton set-aside program and to payments (including certificates) under the wheat and feed grain set-aside programs. See Effective and Termination Dates of 1970 Amendment note below.
1964
Pub. L. 88–297 provided for application of this section to payments in kind to equalize cost of cotton to domestic and foreign users.
1962
Pub. L. 87–703 inserted “payment under section 1339 of this title,” after “parity payment,”.
1948
Act , substituted “loan, or price support operation” for “or loan”.
1940
Act , inserted last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–98 effective , see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title.
Effective and Termination Dates of 1977 Amendment
Pub. L. 95–113, title IV, § 405, , 91 Stat. 927, provided that the amendment made by section 405 is effective only for the 1978 through 1981 crops.
Effective and Termination Dates of 1976 Amendment
Pub. L. 94–214, title III, § 302, , 90 Stat. 187, provided that the amendment made by section 302 is effective only with respect to the 1976 and 1977 crops of rice.
Effective and Termination Dates of 1970 Amendment
Pub. L. 91–524, title IV, § 404, title VI, § 605, , 84 Stat. 1366, 1378, as amended by Pub. L. 93–86, § 1(11), (22), , 87 Stat. 229, 235, provided that the amendments made by sections 404 and 605 are effective only with respect to the 1971 through 1977 crops.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–703 effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title.
Effective Date of 1948 Amendment
Amendment by act , effective , see section 303 of act , set out as a note under section 1301 of this title.
Determination of Rate of Loans, Payments, and Purchases Under Price Support Program; Notice and Public Participation in Rulemaking Not Required
Pub. L. 99–198, title X, § 1017(b), , 99 Stat. 1459, as amended by Pub. L. 101–624, title XI, § 1144, , 104 Stat. 3516, provided that the Secretary of Agriculture was to determine the rate of loans, payments, and purchases under a program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for any of the 1991 through 1995 crops of a commodity without regard to notice and public participation in rulemaking requirements.
Executive Documents
Transfer of Functions
Administration of program of Commodity Credit Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. , 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees.
Exceptions From Transfer of Functions
Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective , 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
Credits
1938–1985 · 10 acts
- 1938Feb. 16, 1938, ch. 30, title III, § 385, 52 Stat. 68
- 1940July 2, 1940, ch. 521, § 7, 54 Stat. 728
- 1948July 3, 1948, ch. 827, title II, § 207(e), 62 Stat. 1257
- 1962Pub. L. 87–703, title III, § 322, , 76 Stat. 626
- 1964Pub. L. 88–297, title I, § 102, , 78 Stat. 174
- 1970Pub. L. 91–524, title IV, § 404(5), title VI, § 605(3), , 84 Stat. 1366, 1378
- 1976Pub. L. 94–214, title III, § 302, , 90 Stat. 187
- 1977Pub. L. 95–113, title IV, § 405, , 91 Stat. 927
- 1981Pub. L. 97–98, title XI, § 1102, , 95 Stat. 1263
- 1985Pub. L. 99–198, title X, § 1017(a), , 99 Stat. 1459.
Show as published
(Feb. 16, 1938, ch. 30, title III, § 385, 52 Stat. 68; July 2, 1940, ch. 521, § 7, 54 Stat. 728; July 3, 1948, ch. 827, title II, § 207(e), 62 Stat. 1257; Pub. L. 87–703, title III, § 322, , 76 Stat. 626; Pub. L. 88–297, title I, § 102, , 78 Stat. 174; Pub. L. 91–524, title IV, § 404(5), title VI, § 605(3), , 84 Stat. 1366, 1378; Pub. L. 94–214, title III, § 302, , 90 Stat. 187; Pub. L. 95–113, title IV, § 405, , 91 Stat. 927; Pub. L. 97–98, title XI, § 1102, , 95 Stat. 1263; Pub. L. 99–198, title X, § 1017(a), , 99 Stat. 1459.)