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
88 Stat. 14342 U.S.C. 5121section 1427 of this title73 Stat. 5747 U.S.C. 14271
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.
Pub. L. 91–524, title VIII, § 813Pub. L. 93–86, § 1(27)(B)87 Stat. 239Pub. L. 95–113, title XI, § 110391 Stat. 953Pub. L. 97–98, title X, § 100395 Stat. 1260Pub. L. 100–707, title I, § 109(b)102 Stat. 4708Pub. L. 103–337, div. C, title XXXIV, § 3412(b)(3)108 Stat. 3111(, as added , , ; amended , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 91–52484 Stat. 1358section 1281 of this titleThis Act, referred to in subsec. (a), is , , , 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 and Tables.
Pub. L. 93–28888 Stat. 143section 5121 of Title 42The Disaster Relief and Emergency Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d), are , , , 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 and Tables.
Pub. L. 86–29973 Stat. 574section 1427 of this titleAct of , referred to in subsec. (d), is , , , as amended, which is set out as a note under .
Section 2267 of this titlePub. L. 100–387, title I, § 101(b)(1)102 Stat. 931, referred to in subsec. (d), was repealed by , , .
Codification
section 1421 of this titleSection 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 and Tables.
Amendments
Pub. L. 103–3371994—Subsec. (d). 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)”.
Pub. L. 100–7071988—Subsec. (d). substituted “and Emergency Assistance Act” for “Act of 1974”.
Pub. L. 97–981981—Subsec. (a). substituted “may” for “shall” wherever appearing.
Pub. L. 97–98Subsec. (b). substituted “Secretary may acquire such commodities” for “Secretary shall acquire such commodities”.
Pub. L. 95–113, § 1103(a)1977—Subsec. (b). , 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.
Pub. L. 95–113, § 1103(b)section 1427 of this titlesection 2267 of this titleSubsec. (d). , 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 , the Act of , or ” 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
Pub. L. 97–98section 1801 of Pub. L. 97–98section 4301 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1977 Amendment
Pub. L. 95–113section 1901 of Pub. L. 95–113section 1307 of this titleAmendment by effective , see , set out as a note under .
Commodity Credit Corporation Fund; Disaster Reserve Assistance Program
Pub. L. 105–18, title II111 Stat. 170