Title 7 — Agriculture
Chapter 35A — Price Support of Agricultural Commodities
§ 1427a. Reserve inventories for alleviation of distress of natural disaster
Statutory text
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.
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.
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.
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 (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.].
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.
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.
Rules and regulations
The Secretary may issue such rules and regulations as may be necessary to carry out the provisions of this section.
Authorization of appropriations
There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
Footnotes
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 Act of 1970
Pub. L. 91–524 title VIII § 813 · 84 Stat. 1358
Enacted · 7 U.S.C. § 1427a
Pub. L. 91–524, title VIII, § 813, as added Pub. L. 93–86, § 1(27)(B), Aug. 10, 1973, 87 Stat. 239
Source evidence
Code source credit
Pub. L. 91–524, title VIII, § 813, as added Pub. L. 93–86, § 1(27)(B), Aug. 10, 1973, 87 Stat. 239Food and Agriculture Act of 1977
Pub. L. 95–113 § 1103(a) · 91 Stat. 913
Inserted · 7 U.S.C. § 1427a(b)
Pub. L. 95–113, § 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
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–113, § 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.Enacted provision · exact public law section
(a) Subsection (b) is amended to read as follows: Commodity acquisition. “(b) The Secretary shall 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 pro-gram 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.”.Food and Agriculture Act of 1977
Pub. L. 95–113 § 1103(b) · 91 Stat. 913
Substituted · 7 U.S.C. § 1427a(d)
Pub. L. 95–113, § 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”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–113, § 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”.Enacted provision · exact public law section
(b) Subsection (d) is amended to read as follows: “(d) 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 Act of 1974 (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 407 of the Agricultural Act of 1949 (G3 Stat, 1055, as amended; 7 U.S.C. 1427), the Act of September 21, 1959 (73 Stat. 574, as amended; 7 Ante, pp. 927, 939. U.S.C. 1427 note), or section 1105 of the Food and Agriculture Act of 1977; 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 the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251–2297).”.Agriculture and Food Act of 1981
Pub. L. 97–98 title X § 1003 · 95 Stat. 1213
Substituted · 7 U.S.C. § 1427a(a)
Pub. L. 97–98 substituted “may” for “shall” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–98 substituted “may” for “shall” wherever appearing.Enacted provision · exact public law section
Sec. 1003. disaster reserve Section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a) is amended by striking out “shall” wherever it appears in subsections (a) and (b) of that section and inserting in lieu thereof “may”.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.Agriculture and Food Act of 1981
Pub. L. 97–98 title X § 1003 · 95 Stat. 1213
Substituted · 7 U.S.C. § 1427a(b)
Pub. L. 97–98 substituted “Secretary may acquire such commodities” for “Secretary shall acquire such commodities”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–98 substituted “Secretary may acquire such commodities” for “Secretary shall acquire such commodities”.Enacted provision · exact public law section
Sec. 1003. disaster reserve Section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a) is amended by striking out “shall” wherever it appears in subsections (a) and (b) of that section and inserting in lieu thereof “may”.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.The Disaster Relief and Emergency Assistance Amendments of 1988
Pub. L. 100–707 title I § 109(b) · 102 Stat. 4689
Substituted · 7 U.S.C. § 1427a(d)
Pub. L. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”.Enacted provision · exact public law section
(b) Agricultural Act of 1970.— Section 813(d) of the Agricultural Act of 1970 (7 U.S.C. 1427a(d)) is amended by striking out “Act of 1974” and inserting in lieu thereof “and Emergency Assistance Act”.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. C title XXXIV § 3412(b)(3) · 108 Stat. 2663
Substituted · 7 U.S.C. § 1427a(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)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
(3) Section 813(d) of the Agricultural Act of 1970 (7 U.S.C. 1427a(d)) is amended by striking out “the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251–2297).” and inserting in lieu thereof “title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.”.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is Pub. L. 91–524, , 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, , 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. Title VI of the Act is classified generally to subchapter IV–B (§ 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 , referred to in subsec. (d), is Pub. L. 86–299, , 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, § 101(b)(1), , 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.
Amendments1977–1994 · 4 rounds
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, § 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, § 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 , 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”.
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 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.
Commodity Credit Corporation Fund; Disaster Reserve Assistance Program
Pub. L. 105–18, title II, , 111 Stat. 170, provided in part: “That notwithstanding any other provision of law, beginning on , 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”.
Credits
1973–1994 · 5 acts
- 1973Pub. L. 91–524, title VIII, § 813, as added Pub. L. 93–86, § 1(27)(B), , 87 Stat. 239
- 1977amended Pub. L. 95–113, title XI, § 1103, , 91 Stat. 953
- 1981Pub. L. 97–98, title X, § 1003, , 95 Stat. 1260
- 1988Pub. L. 100–707, title I, § 109(b), , 102 Stat. 4708
- 1994Pub. L. 103–337, div. C, title XXXIV, § 3412(b)(3), , 108 Stat. 3111.
Show as published
(Pub. L. 91–524, title VIII, § 813, as added Pub. L. 93–86, § 1(27)(B), , 87 Stat. 239; amended Pub. L. 95–113, title XI, § 1103, , 91 Stat. 953; Pub. L. 97–98, title X, § 1003, , 95 Stat. 1260; Pub. L. 100–707, title I, § 109(b), , 102 Stat. 4708; Pub. L. 103–337, div. C, title XXXIV, § 3412(b)(3), , 108 Stat. 3111.)