program for a producer of malting barley exempted pursuant to section 105 (d) of the Agricultural Act of 1949 who participates only with respect to corn and grain sorghums and does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960.

(2) Notwithstanding any other provision of this subsection, not to exceed 1 per centum of the estimated total feed grain bases for all farms in a State for any year may be reserved from the feed grain bases established for farms in the State for apportionment to farms on which there were no acreages devoted to feed grains in the crop years 1959 and 1960 on the basis of the following factors: Suitability of the land for the production of feed grains, the past experience of the farm operator in the production of feed grains, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of feed grains on other farms owned, operated, or controlled by the farm operator, and such other factors as the Secretary determines should be considered for the purpose of establishing fair and equitable feed grain bases. An acreage equal to the feed grain base so established for each farm shall be deemed to have been devoted to feed grains on the farm in each of the crop years 1959 and 1960 for purposes of this subsection except that producers on such farm shall not be eligible for conservation payments for the first year for which the feed grain base is established.

(3) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this subsection.

(4) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts.

(5) Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. Feed grains with which Commodity Credit Corporation redeems certificates pursuant to this paragraph shall be valued at not less than the current support price, minus that part of the current support price made available through payments in kind, plus reasonable carrying charges.

(6) Notwithstanding any other provision of law, the Secretary may, by mutual agreement with the producer, terminate or modify any agreement previously entered into pursuant to this subsection if he determines such action necessary because of

an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of feed grains.

(i) Notwithstanding any other provision of law

(1) For the 1966 through 1970 crops of feed grains, if the Secretary determines that the total supply of feed grains will, in the absence of an acreage diversion program, likely be excessive, taking into account the need for an adequate carryover to maintain reasonable and stable supplies and prices of feed grains and to meet any national emergency, he may formulate and carry out an acreage diversion program for feed grains, without regard to provisions which would be applicable to the regular agricultural conservation program, under which, subject to such terms and conditions as the Secretary determines, conservation payments shall be made to producers who divert acreage from the production of feed grains to an approved conservation use and increase their average acreage of cropland devoted in 1959 and 1960 to designated soil-conserving crops or practices including summer fallow and idle land by an equal amount. Payments shall be made at such rate or rates as the Secretary determines will provide producers with a fair and reasonable return for the acreage diverted, but not in excess of 50 per centum of the estimated basic county support rate, including the lowest rate of payment-in-kind, on the normal production of the acreage diverted from the commodity on the farm based on the farm projected yield per acre. Notwithstanding the foregoing provisions, the Secretary may permit all or any part of such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost of the price support program, and will not adversely affect farm income subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed onehalf the rate which otherwise would be applicable if such acreage were devoted to conservation uses. The term "feed grains" means corn, grain sorghums, and, if designated by the Secretary, barley, and if for any crop the producer so requests for purposes of having acreage devoted to the production of wheat considered as devoted to the production of feed grains, pursuant to the provisions of section 1339c of Title 7, the term "feed grains" shall include oats and rye and barley if not designated by the Secretary as provided above: Provided, That acreages of corn, grain sorghums, and, if designated by the Secretary, barley, shall not be planted in lieu of acreages of oats and rye and barley if not designated by the Secretary as provided above: Provided

further, That the acreage devoted to the production of wheat shall not be considered as an acreage of feed grains for purposes of establishing the feed grain base acreage for the farm for subsequent crops. Such feed grain diversion programs shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents. The acreage eligible for participation in the program shall be such acreage (not to exceed 50 per centum of the average acreage on the farm devoted to feed grains in the crop years 1959 and 1960 or twentyfive acres, whichever is greater) as the Secretary determines necessary to achieve the acreage reduction goal for the crop. Payments shall be made in kind. The acreage of wheat produced on the farm during the crop years 1959, 1960, and 1961, pursuant to the exemption provided in section 1335 (f) of Title 7, prior to its repeal by the Food and Agriculture Act of 1962, in excess of the small farm base acreage for wheat established under section 1335 of Title 7, may be taken into consideration in establishing the feed grain base acreage for the farm. The Secretary may make such adjustments in acreage as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop-rotation practices, types of soil, soil and water conservation measures, and topography. Notwithstanding any other provision of this subsection (i) (1), the Secretary may, upon unanimous request of the State committee established pursuant to section 590h (b) of this title, adjust the feed grain bases for farms within any State or county to the extent he determines such adjustment to be necessary in order to establish fair and equitable feed grain bases for farms within such State or county. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. Notwithstanding any other provision of this subsection, barley shall not be included in the program for a producer of malting barley exempted pursuant to section 105 (e) of the Agricultural Act of 1949, who participates only with respect to corn and grain sorghums and does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960.

(2) Notwithstanding any other provision of this subsection, not to exceed 1 per centum of the estimated total feed grain base for all farms in a State for any year may be reserved from the feed grain bases established for farms in the State for apportionment to farms on which there were no acreages devoted to feed grains in the crop years 1959 and 1960 on the basis of the following factors: Suitability of the land for the production of feed grains, the past experience of the farm operator in the production of feed grains, the extent to which the farm operator is dependent on income from farming for his livelihood, the production of feed grains on other farms owned, operated, or controlled by the farm

operator, and such other factors as the Secretary determines shoud be considered for the purpose of establishing fair and equitable feed grain bases. An acreage equal to the feed grain base so established for each farm shall be deemed to have been devoted to feed grains on the farm in each of the crop years 1959 and 1960 for purposes of this subsection except that producers on such farm shall not be eligible for conservation payments for the first year for which the feed grain base is established.

(3) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this subsection (i).

(4) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts.

(5) Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains in accordance with regulations prescribed by the Secretary and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. Feed grains with which Commodity Credit Corporation redeems certificates pursuant to this paragraph shall be valued at not less than the current support price made available through loans and purchases, plus reasonable carrying charges.

(6) Notwithstanding any other provision of law, the Secretary may, by mutual agreement with the producer, terminate or modify any agreement previously entered into pursuant to this subsection if he determines such action necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of feed grains.

(Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151, and amended Aug. 7, 1956, ch. 1030, § 1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 86-793, § 1, 74 Stat. 1030; Mar. 22, 1961, Pub. L. 875, § 2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87-128, title I, § 132, title IV, § 401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 87-425, § 2, 76 Stat. 50; May 15, 1962, Pub. L. 87-451, § 4, 76 Stat. 70; Sept. 27, 1962, Pub. L. 87703, title I, § 101 (4), (5), title III, § 302, 76 Stat. 606, 612; May 20, 1963, Pub. L. 88-26, § 3, 77 Stat. 45.) Nov. 3, 1965, Pub. L. 89-321, title III, § 302, title VI, § 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90-559, § 1(1), 82 Stat. 996; Nov. 18, 1969, Pub. L. 91-118, §§ 1-3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 91-524, title VIII, § 801, 84 Stat. 1379.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b) (7), is the Soil Conservation and Domestic Allotment Act, which is classified to this chapter.

Section 3 of the act which added this subsection to this act, referred to in subsec. (c) (2), means section 3 of Pub. L. 87-5 which is classified as a note under this section.

Section 105 (c) (4) of the Agricultural Act of 1949, referred to in subsec. (d)(1), is set out as a note under section 1441 of Title 7, Agriculture.

Section 133 of the Agricultural Act of 1961, referred to in subsec. (d) (2), is set out as a note under this section. Sections 1831 and 1832 to 1837 of Title 7, referred to in subsec. (e) (1), were repealed by Pub. L. 89-321, title VI, § 601, Nov. 3, 1965, 75 Stat. 1206.

Section 105(c) (6) of the Agricultural Act of 1949, referred to in subsec. (g) (1), is set out as a note under section 1441 of Title 7, Agriculture.

Section 303 of the Food and Agriculture Act of 1962, referred to in subsec. (g) (2), is set out as a note under this section.

Section 328 of the Food and Agriculture Act of 1962, referred to in subsec. (h) (1), is set out as a note under section 1334 of Title 7, Agriculture.

Section 335 (f) of the Agricultural Adjustment Act of 1938, prior to its repeal by the Food and Agriculture Act of 1962, referred to in subsec. (h) (1), refers to provisions relating to exempted acreage, conditions for the exemption and effect of noncompliance therewith, which were eliminated in the 1962 Amendment of section 1335 of Title 7 by section 315 of Pub. L. 87-703.

Section 105(d) of the Agricultural Act of 1949, as amended, referred to in subsec. (h)(1), is set out as a note under section 1441 of Title 7, Agriculture.

Section 105(e) of the Agricultural Act of 1949. referred to in subsec. (i) (1), is set out as a note under section 1441 of Title 7, Agriculture.

AMENDMENTS

1970 Subsec. (e) (1). Pub. L. 91-524, § 801(1)-(5), designated existing provisions as subpar. (A), and, in such subpar. (A) as so designated, added provisions covering assistance to retired farmers to the enumerated purposes, inserted provisions limiting to calendar years 1971, 1972, and 1973 the Secretary's authority to enter into agreements, substituted provisions requiring that agreements entered into after July 1, 1970, prohibit grazing on the acreage for provisions prohibiting annual payments for periods in excess of five years under agreements which provide for the establishment of the tree cover, and added subpar. (B).

Subsec. (e) (2). Pub. L. 91-524, § 801(6), authorized producers to place farms in the program if the farm was acquired by the producer to replace an eligible farm from which he was displaced through the exercise of the right of eminent domain.

Subsec. (e) (3). Pub. L. 91-524, § 801 (12), inserted "farming opportunities and" preceding "interests of tenants and sharecroppers".

Subsec. (e) (4). Pub. L. 91-524, § 801 (7), authorized the termination of agreements by mutual agreement with the producer if the Secretary determines that such termination would be in the public interest.

Subsec. (e) (5). Pub. L. 91–524, § 801 (8), authorized the Secretary to use an advertising-and-bid procedure in determining the lands in any area to be covered by agreements and added provision for a percentage limitation on the total acreage placed under agreement in any county or local community.

Subsec. (e) (6). Pub. L. 91-524, § 801(9), added subsec. (e) (6). A prior subsec. (e) (6) had been repealed by Pub. L. 89-321 in 1965.

Subsec. (e) (7). Pub. L. 91-524, § 801 (10), (11), substituted "June 30, 1972" for "June 30, 1963" as the date after which the Commodity Credit Corporation may not make expenditures unless it has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection, extended through Dec. 31, 1973, the period during which the Secretary may not enter into agreements with producers which would require payments to producers in any calendar year under such agreements in excess of $10,000,000, and added provisions covering agreements with State and local agencies under par. (6).

1969-Subsec. (b) (1). Pub. L. 91-118, § 1, extended the Great Plains conservation program ten years beyond Dec. 31, 1971, to Dec. 31, 1981; authorized contracts, with respect to lands other than farms or ranches, only where erosion is so serious as to make such contracts

necessary for protection of farms or ranch lands; authorized contracts designed to make changes (in cropping systems or land uses) needed to develop, protect, and utilize the resources of farms, ranches, and other lands; provided for carrying out the practices needed under such changed systems and uses and conservation measures on land other than farm or ranch land; authorized practices and measures in the plan for enhancing fish and wildlife and recreation resources, promoting economic use of land, and reducing or controlling agricultural related pollution as an exclusive decision of the land owner or operator; made the basis for contracts the approved conservation plans of land owners and operators developed in cooperation with the soil and water conservation district in which their lands are situated; and among other changes in the text preceding cl. (i), substituted "owners and operators of land in the Great Plains area having such control as the Secretary determines to be needed of the farms, ranches, or other lands" for "producers in the Great Plains area determined by him to have control for the contract period of the farm or ranches", "designed to assist farm, ranch, or other land-owners or operators" for "designed to assist farm and ranch operators", "cropping systems or land uses" and "cropping systems or land use" for "cropping systems and land uses" and "cropping systems and land use", "land-owner or operator shall furnish to the Secretary a plan of farming operations or land use" for "producer shall furnish to the Secretary a plan of farming operations", "climatic hazards of the area in which such land" for "climatic hazards of the area in which the farm"; provided for the agreement to be by the land owner or operator rather than the producer; included in cl. (1) effectuation of the plan for other land; inserted in cl. (1)", after considering the recommendations of the soil and water conservation district board," and substituted "violation by the owner or operator" for "producer's violation"; included in cl. (iii) right and interest in other land and substituted "any such land" for "the farm or ranch"; and in the par. following par. (1) substituted "landowner or operator" for "producer" and inserted "and measures" following "conservation practices", in two instances.

Subsec. (b)(2). Pub. L. 91-118, § 2, substituted "land owner or operator" and "owner or operator" for “producer" and authorized the Secretary to agree to such modifica→ tion of contracts previously entered into as he may determine to be desirable to accomplish equitable treatment with respect to other similar conservation, land use, or commodity programs administered by the Secretary.

Subsec. (b) (7). Pub. L. 91-118, § 3, increased the limitation on total cost of the program from $150,000,000 to $300,000,000.

1968-Subsec. (1) (1). Pub. L. 90-559 provided for a one year extension through 1970.

1965-Subsec. (b). Pub. L. 89-321, § 602(g), repealed pars. (3) and (4) dealing with decrease of cropland during the period of a contract and use of land for permanent vegetation in determining acreage allotments.

Subsec. (e). Pub. L. 89-321, § 602(g), repealed par. (6) providing for inclusion of agreements covering preservation of cropland and surrender of history and allotments in agreements entered hereunder.

Subsec. (1). Pub. L. 89-321, § 302, added subsec. (1). 1963 Subsec. (h). Pub. L. 88-26 added subsec. (h). 1962-Subsec. (d) (1). Pub. L. 87-451 extended the crops which may be grown on diverted acreage to include other annual field crops for which price support is not made available and flax, when such crops are not in surplus supply and will not be in surplus supply when grown on the diverted acreage, and prescribed the rate of payment and its limits.

Pub. L. 87-425 preserved the eligibility of a producer on a summer-fallow farm for participation in the special agricultural conservation program of 1962 for corn and grain sorghums, deeming any excess of acreage devoted to barley in 1962 over the average acreage devoted to barley in 1959 and 1960 as planted to corn and grain sorghums.

Subsec. (e). Pub. L. 87-703, § 101(4), added subsec. (e).

Subsec. (f). Pub. L. 87-703, § 101(5), added subsec. (f). Subsec. (g). Pub. L. 87-703, § 302, added subsec. (g).

1961-Subsec. (b)(1). Pub. L. 87-128, § 401, substituted "may be entered into" and "with respect to" for "shall be in effect" and "on", respectively, in the third sentence.

Subsec. (c). Pub. L. 87-5 added subsec. (c).

Subsec. (d). Pub. L. 87-128, § 132, added subsec. (d). 1960 Subsec. (b) (3). Pub. L. 86–793, § 1(1), provided that cropland acreage is not to be decreased by reason of maintaining changes in land use from cultivated cropland to permanent vegetation, carried out under any contract heretofore or hereafter entered into, for such period after the expiration of the contract as is equal to the period of the contract.

Subsec. (b) (4). Pub. L. 86-793, § 1(2), included as acreage devoted to the commodity, that acreage changed from cultivated cropland to permanent vegetation under any contract heretofore or hereafter entered into, and which is maintained as such after expiration of the contract for a period equal to that of the contract.

1956 Act Aug. 7, 1956, designated exitsing provisions as subsec. (a) and added subsec. (b).

SAVINGS PROVISIONS

Section 602 (g) of Pub. L. 89-321 [which repealed subsecs. (b), (3), (4) and (e) (6) of this section] provided in part that all rights accruing under repealed subsecs. (b) (3), (4) and (e) (6) of this section to persons who entered into contracts or agreements prior to such repeal shall be preserved.

PAYMENTS IN CASH AND KIND UNDER 1963 FEED GRAIN PROGRAM

Section 303 of Pub. L. 87-703 provided that: "Payments in cash shall be made by Commodity Credit Corporation and payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains (valued at not less than the support price minus that part of the support price made available through payments in kind) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the special feed grain program for 1963 authorized by this Act. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate."

PAYMENTS IN CASH AND KIND UNDER 1962 FEED GRAIN PROGRAM

Section 133 of Pub. L. 87-128 provided that: "Payments in cash shall be made by Commodity Credit Corporation and payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the special feed grain program for 1962 authorized by this Act. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period, beginning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate."

PAYMENTS IN KIND UNDER 1961 FEED GRAIN PROGRAM Section 3 of Pub. L. 87-5 provided that: "Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of

such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the 1961 Feed Grain Program authorized by this Act [adding subsec. (c) to this section and enacting notes set out under this section and section 1441 of Title 7, Agriculture]. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate."

LIMITATION IN EMERGENCY ON PARTICIPATION IN 1963 FEED GRAIN CONSERVATION PROGRAM

Section 304 of Pub. L. 87-703 provided that: "Notwithstanding any other provision of law, the Secretary may place such limits on the extent that producers may participate in the special feed grain conservation program for 1963 authorized by this Act as he determines necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of corn, grain sorghums, or barely." LIMITATION IN EMERGENCY ON PARTICIPATION IN 1962 FEED GRAIN CONSERVATION PROGRAM

Section 134 of Pub. L. 87-128 provided that: "Notwithstanding any other provision of law, the Secretary may place such limits on the extent that producers may participate in the special feed grain conservation program for 1962 authorized by this Act as he determines necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of corn, grain sorghums, or barley."

REPORT TO CONGRESS

Section 4 of Pub. L. 87-5 required the Secretary, not later than 90 days after Mar. 22, 1961, to submit to the Congress a detailed report, including estimates where final figures are not available, setting forth but not limited to the number and percent of cooperators under Pub. L. 87-5, the acreage retired from production by States, the cash payments made, the quantity and kind of feed grains made available under the payment-in-kind provisions of the Act and the value thereof, the overall cost of the program, the estimated savings compared with the program in effect before Pub. L. 87-5, became effective, and such other information as will indicate the progress, cost. and reduction of surpluses under Pub. L. 87-5.

DIVERSION PROGRAMS: GOOD FAITH PERFORMANCE;
PAYMENTS

Performance in good faith as meeting requirements of subsecs. (c), (d), and (g) of this section and authorizing payments, see section 1339a of Title 7, Agriculture.

CROSS REFERENCES

Commodity Credit Corporation loans, see section 1391 of Title 7, Agriculture.

Utilization of local agencies, see sction 1388 of Title 7. Wheat marketing quotas, penalty provisions, see sections 1330(7) and 1340(7) of Title 7.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 590h-4, 590n of this title; title 7 sections 1305, 1330.

§ 590p-1. Limitation on wetlands drainage assistance to aid wildlife preservation; termination of limitation; redetermination of need for assistance upon change of ownership of lands.

The Secretary of Agriculture shall not enter into an agreement in the States of North Dakota, South Dakota, and Minnesota to provide financial or technical assistance for wetland drainage on a farm under authority of this chapter, if the Secretary of the Interior has made a finding that wildlife preservation will be materially harmed on that farm by such drainage and that preservation of such land in its undrained status will materially contribute to

wildlife preservation and such finding, identifying specifically the farm and the land on that farm with respect to which the finding was made, has been filed with the Secretary of Agriculture within ninety days after the filing of the application for drainage assistance: Provided, That the limitation against furnishing such financial or technical assistance shall terminate (1) at such time as the Secretary of the Interior notifies the Secretary of Agriculture that such limitation should not be applicable, (2) one year after the date on which the adverse finding of the Secretary of the Interior was filed unless during that time an offer has been made by the Secretary of the Interior or a State govern

ment agency to lease or to purchase the wetland area from the owner thereof as a waterfowl resource, or (3) five years after the date on which such adverse finding was filed if such an offer to lease or to purchase such wetland area has not been accepted by the owner thereof: Provided further, That upon any change in the ownership of the land with respect to which such adverse finding was filed, the eligibility of such land for such financial or technical assistance shall be redetermined in accordance with the provisions of this section. (Apr. 27, 1935, ch. 85, § 16A, as added Oct. 2, 1962, Pub. L. 87-732, 76 Stat. 696.)

Sec. 1921.

1922.

Congressional findings.
Persons eligible for loans.

1923. Purposes of loans; preferences.

Section 300.1 of Title 6, Code of Federal Regulations, promulgated on Oct. 15, 1961, by the Administrator of the Farmers Home Administration, published in 26 F.R. 10031, provides: "The Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921) (this chapter], is hereby made effective on October 15, 1961, except (a) as to its authorizations to make and sell insured loans with 42 percent yield to the lender and a three-year repurchase agreement which was made effective by regulations issued on September 13, 1961 (26 F.R. 9307), pursuant to assignment of functions contained in 26 F.R. 7888, and (b) that the provisions of Title IV of the Bankhead-Jones Farm Tenant Act which requires mineral reservations in lands disposed of under Title III of that Act [sections 1010-1012 of this title] shall not become

effective until December 7, 1961." See section 341(a) of Pub. L. 87-128, set out as a note under this section. SHORT TITLE

Section 301 (a) of Pub. L. 87-128 provided that: "This title [enacting this chapter and section 1013a of this title, repealing sections 1001-1005d, 1006c-1006e, 1007, 1008, 1009, 1014-1025, 1027–1029 of this title, sections 1148a-1 to 1148a-3 of Title 12, and sections 590r to 590x-4 of Title 16, and enacting provisions set out as a note under this section] may be cited as the 'Consolidated Farmers Home Administration Act of 1961'."

REFERENCES IN OTHER LAWS TO BANKHEAD-JONES FARM TENANT ACT or Water FACILITIES ACT; REPEALS; SAVINGS AND SEPARATE PROVISIONS

Section 341 of Pub. L. 87-128 provided that:

"(a) Reference to any provisions of the BankheadJones Farm Tenant Act or the Act of August 28, 1937 (50 Stat. 869), as amended, superseded by any provision of this title [this chapter] shall be construed as referring to the appropriate provision of this title [this chapter]. Titles I, II, and IV of the Bankhead-Jones Farm Tenant Act, as amended, and the Act of August 28, 1937 (50 Stat. 869), as amended, the Act of April 6, 1949 (63 Stat. 43), as amended, and the Act of August 31, 1954 (68 Stat. 999), as amended, are hereby repealed effective one hundred and twenty days after enactment hereof [Aug. 8, 1961). or such earlier date as the Provisions of this title [this chapter] are made effective by the Secretary's regulations except that the repeal of section 2(c) of the Act of April 6, 1949, shall not be effective prior to January 1, 1962. The foregoing provisions shall not have the effect of repealing the amendments to section 24, chapter 6 of the Federal Reserve Act [section 371 of Title 12], as amended, section 5200 of the Revised Statutes [section 84 of Title 12], section 35 of chapter III of the Act approved June 19, 1934 (D.C. Code, title 35, section 535). enacted by section 15 of the Bankhead-Jones Farm Tenant Act, as amended, and by section 10(f) of the Act of August 28, 1937 (50 Stat. 869), as amended.

"(b) The repeal of any provision of law by this title [this chapter] shall not

"(1) affect the validity of any action taken or obligation entered into pursuant to the authority of any of said Acts, or

"(2) prejudice the application of any person with respect to receiving assistance under the provisions of this title [this chapter], solely because such person is obligated to the Secretary under authorization contained in any such repealed provision.

"(c) If any provision of this title [this chapter] or the application thereof to any person or circumstances is held invalid, the remainder of the title [this chapter] and the application of such provision to other persons or circumstances shall not be affected thereby."