Agricultural and Consumer Protection Act of 1973

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Agricultural and Consumer Protection
Act of 1973
Pub. L. No. 93-86, 87 Stat. 221

The digitization of this Act was performed by the University of Arkansas
School of Law’s National Agricultural Law Center under Cooperative
Agreement No. 58-8201-4-197 with the United States Department of
Agriculture, National Agricultural Library.

87

STAT. ]

PUBLIC LAW 93-86-AUG. lO, ]973

??l

Public Law 93-86
AN ACT
August 10,1973
To extend and amend tlw Agricnltural Act of 11)70 for the Imrp(JsP of assuring _ _[_s_.1_8_8_8,_"_ _
COU::->Ullll'rRof plentiful supplies of fnod 3nd fiher nt reu:,;ollable prie\:'s.

Be ,it enarted by the Senate and IIo/'8e of 1l(~p),()8elltflt;I'(,8 of the
United States of Ameri('a in Oongre88 a88embled, That the Agricultural Act of] 970 is nllwnded as follows:
(1) Title I is amended to read as follows:

"TITLE I-PAYMENT LIMITATION
"SEC. !O1. Notwithstanding: any other provision of hcw"(1) The total amount of payments ,,,hieh a person shall be entitled
to receive under one or more of the annual pl'og-rurns established by
titles IV, V, and VI of this Ad for the 1974 through 1977 crops of the
commodities shall not exceed $20,000.
"(2) The tcrm 'payments' as used in this section shall not include
loans or purehases, 01' any part of any payment which is determined
by the Secretary to represent compensation for resource adjustment or
public aeCPS8 for recreation.
"( 3) I f the Seeretary determines that the total amount of payments
which ,,-ill be parnea by any person under the program in effeet for any
crop will be n~dncecl under this section, the set-aside acreage for the
farm or farms on which such person will be sharing in payments earned
nndrr such program shall be reduced to s\lch extent and in such manner as the Secretary determines will be fair and reasonable in relation
to the amount of the paymcnt reduction.
.. (4:) The Secretary shall issue regulations defining the term 'person'
and prescribing such rules as he determines necessary to assure a fair
and rea..."3onah]r application of such limitation: Prol'ided, That the

Agriculture and
Consumer Protection Act of
1973.
84 Stat. 1358.
7 USC 1305
note.

•• Payments."

Set-aside acre_
age, reduction.

Regulations.

222

PUBLIC LAW 93-86-AUG. 10, 1973

[87

STAT.

provisions of this Act which limit payments to any person shall not
be applicable to lands owned by States, political subdivisions. or agencie,5 thereof, so long' as such lands are farmed primarily ill the direct
furtherance of a public function, as determined b.v the Seeretary. The
rules for determining whether corporations and their stockholders
may be considel'pd as separate pf>l'sons shan be in uccOJ"dancc with the
regulations is..osned by the Secretary on December 18, 1970."
DAIRY
~nLl{

84 Stat. 1359.
7 USC 608c
note.

49 Stat. 761.
7 USC 6GSc.

50 Stat. 247.

PROGHA~f

:MARKETING ORDlms

(2) Section 201 is amended bv(A) amendin~ section 201 (e) by striking out "1973" and inserting: "1977", and by striking out "1976" and inserting "1980", and
(B) adding at the end thereof the following:
"( f) The Agricultural Adjustment Act as reenacted and amended
by the Agricultural )Cfarketing Agreement Act of 19:17, as amended,
is further amended by :
"(1) striking'the period at the end of subsection 8e(17) and
adding in lieu thereof the following: ': Prociderl furtlwr, That
if one-third or more of the producers as defined in a milk order
apply in writing for a hearing on a proposed amendment of such
order, the Secretary shall call such a hearing if the proposed
amendment is one that may legally be made to such order. Subsection (12) of this section shall not be construed to permit any
cooperative to act for its members in an 'application for a hearing
under the foregoing proviso and nothing in such proviso shall be
construed to preclude the Secretary from calling an amendment
hearing as provided in subsection (3) of this section. The Secretary shall not be required to call a hearing on any proposed. amendment to an order in response to an application fol' a hearing on
such proposed amendment if the application requesting the hearing is received by the Secretary within ninety days after the date
on which the Secretary has announced his decision on a previously
proposed amendment to sueh order and the two proposed amendments are essentially the same.'
"(2) inserting after the phrase 'pure and wholesome milk' in
section 8c(18) the phrase 'to meet current needs and further to
assure a level of farm income adequate to maintain productive
capacity sufficient to meet anticipated future needs~."
MILK PRICE SUPPORT, BUTTERFAT pmCE SCPPOHT
SUSPENSIOX

84 Stat. 1361.
7 USC 1446 and
note.

(3) Section 202 is amended by(A) striking the introductory clause which preeedcs subsection (a);
(B) effective April 1.1974, inserting in subsection (b) before
the period at the end of the first sentence in the quotation the following: "of pure and wholesome milk to meet current needs, reflect

87 STAT.]

223

PUBLIC LAW 93-86-AUG. 10, 1973

changes in t.he cost of production, and assure a le,'el of farm
income adequate to maintain productive capacity sufficient to meet
anticipated fllture J1(,('(ls"; and
(C) inserting in subsection (b) after the first sentcnce in the
quotation the following-: "Xatwithstanding: the foregoing, etrccti rc for the 1wriod IWg'inning with the date of enactment of the
Agrieultllre aIHI Consumer Protection Act of 1978 and ending on
)[arch 31, ID75~ the price of milk shall be supported at not less
than 80 per centum of the parity price therefor."

TRANSFER OF DAIRY PRODUCTS TO THE "nLITARY
A1\D TO VETERAXS HOSPITALS
(4) Section 203 is amended by striking out "ln7:)" and inserting
"1977".
DAlRY IXDEl\fXITY PROGRAM

(5) Section 20+ is amend,-,I by(A) striking out "1973~~ and inserting "]D77": and
(B) striking subsection (b) and substituting therefor the folImving:
"(b) Section 1 of said Act is amended to read as follows:
"'SECTION 1. The Secretary of Agriculture is authorized to make
indemnity payments for milk or cows producing such milk at a fair
market value, to dairy farmers who have been directed since January 1,196+ (but only sinee the date of enactment of the Agriculture
and Consumer Protection Act of un:, in the case of indemnity payments not authorized prior to such date of enactment), to remove
their milk, and to make indemnity payments for dairy products
at fail' market value to manufaeturers of dairy products who have
heen direeted since the date of enactment of the Agricultural Act of
1970 to remove their dairy products from commercial markets because
of residues of chemicals registered and approved for use by the Federal Government at the time of such use. Any indemnity payment to
any farmer shall continue until he has been reinst.ated and is again

84 Stat. 13617 USC 1446a.

7 USC 450l.
Milk removal.
84 Stat. 1362.
7 USC 450j.

84 Stat. 1358.
7 USC 1305
note.

allowed to dispose of his milk on commercial markets.' "

DAIRY HfPORT STUDY
(6) Title II is amended by adding at the end thereof the following:
··SEC. :W5. The Secretary of Agriculture is authorized and directed
to carry ont a comprehensive study to determine the effect upon domestic diary prodlH't'rs. handlers, and processors and upon eOllsmners of
increases 'in the level of imports, if any, of dairy products and report
his findings, together with any recommendations he may have with
respect to import quotas or other matters, to the Congress of the
ITnited States no later than .Tanuary 1, 1H75. For the purposes of this
section dairy products jncln(lc (1) all forms of milk and dairy prodncts, butterfat, milk solids-not-fat, and any combination or mixture

84 Stat. 1359.

Report to
gress.

Con~

224

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

therpof; (:2) any. article". ('OIlIP()lI~ld, or. mixtlll:e eontaining ti per
('PlliUIll 01' more of huth·dat , or milk HolHls-llot-fnt, or any combina_

tions of

th{~

hvo; aIld (:)) lactose, and

oillPI'

dl'J'ivatin's of mille but-

terfat, 01' lIlilk solids-not-flIt, if imported (,oIIHIl<'J'('ially for any foo(1
n5('. ])airy IJI'Otlllcts dn BOt: i11('111(\(, (1) caspin, c(lspinat:ps, illdustrial
casein. industrial criC'f', The Secretary
shall provl(le for the sharing of payments made under this subsection
for any farm alilOllg the producers on the farm on a fair and equitable
basis."

TE1C1lIXATION OF WHEAT CEHTIFICATE PROGRAM,
FARM ACREAGE ALLOT.\fEXTS
(a) S('ction 402 is amended by inserting "(a)" afteT the section
designation and adding the following at the end of the section:
22-1500 - 75 _ 17

7 USC 137gb
and note, 1379c
8nd note.

PUBLIC LAW 93-86-AUG. 10, 1973

226
84 Stat. 1362.
7 USC 137Yb.

An/e, p. 225.

Set_aside acreage.

Acreage limitation.

Grazing and
planting, limitations,

84 Stat. 1364.

Payment sharing.

Noncompliance.

[87

STAT.

"(I» (A) S('(~ti()n 37\)1> of HIP, .AgTiellltul'al.Adjllstml'llt Act of l!.);)k
(which provides 1'01' a w hpat. marketing ('{'rtificate prop;l'am) sha lI110t
be applicable to the 1\)74 through lUi7 clyps of w~H'at, except as PI'Ovidpd in paragraphs (B) and (C) of tIllS sUhS('('tIOll.
"(B) Section g7Hh(c) of the A:,rricllltlll'al AdjustJllent Act of ]!);\k,
as :lIllPllded by subspctioll (a) of this sedion (whieh pl'oddt's fOl' a
sd-aside prog;':llll), shall he eft'pctive with respect to the ID74- through
] P77 crops of wheat with the following changes:
"(i) Tlli..~ phrase 'payments ul1thol'iz('ct l1ndpl' this
subsection (c), tllC'1l as a condition of eligibility for loans, }>Ilrcha,."es, and payments authorized by section 107(c) of tllP ..:\~!,Ti­
cultural Act of lD-lD, the prodlLc('l'S 011 a farlll must ~wt aside 111\(1
deyote to appl'oYed conSPlTatioll liSPS an acreag:e of cropland equa I
to (i) such percentage of the wheat nllotment for the farm as lIlay
be specified by the Secretary and \Yill ])('. ('stimntcd by tll(' SeclTtarv to result in a set-nside not in ex('('ss of thirteen awl th1'(,(,tenths million acres in the cuse of the IH71 crop; plus, if required
by the Secretary, (ii) the acreage of C'l"opland on the farm dp\"otpd
in prrceding years to soil conserving USC8, as determined by the
Secretary.'
"(i\') The third smtence in :niJb(c) (1) is amended to read as
follows: 'The Seeretul'y is authorized for the 1974 throngh 1977
crops to limit tlw. acrca~e planted to wheat on the farm to a pl·rcenta~e of the acreage allotment.'
"(v) ']971 through 1il77' shaH be substituted for 'IH71, ]07:2.
and 1973' each place it occurs other than in the third Sl~ntpn('e of
seetion37iJb(c) (1).
"( vi) The last sentenee of section 3iiJo (e) (1) is anwnded to
read as follows: 'Thc SeereJary shall permit producers to plant
and graze on set-aside- acreage swept sorghum, and the Secretary
may permit, subject to such terms and conditions as he may p!,('srribe, all or any of the set-aside acreage to be d('\'oted to hay and
'grazing or the. product,ion of guar, sesame, safflower, sunflower,
castor beans, mustard sN~d, erambe, plantago ovato, ftaxse('d,
triticale, oats, rye. or other commodity, if he determines that sHch
production is needed to provide an adequate supply, is not likely
to increase the cost of the price-support program, and will not
adversely affect farIn income.'
"(vii) After the second sentence of section 3iiJb(e) (3) the following shall be inserted: 'Tlw Spcretary may, in the casp of programs for the 1974 through 1977 crops, pay an appropriate share
of t.he cost of practices desigllpd to eany out the pUl'post's of the
foregoin~ sentences.'
"(C) Se,ctions 3i9b (d), (e), (g), and (i) of the AgriellltUl'al
Adjustment Ad of 1iJ:,8, as amended by subseetion (a) of this sedion,
shall be effective for the 1H74 through 1977 crops amended to read as
follows:

'''(d) The Seeretary shall provide for the sharing of payments
made ullde.r this section for any farm among producers on the farm
on a fair and equitable basis.
"'( e) III any ease in which the failure of a producer to comply fllIly
with the, terms and conditions of the program formulated under this
section precludes the n1aking of loans, purehases, and payments, the

87 STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

Seel'ptary mav llP\·erthel<~ss, make such loans, purchases, and payHWllts in· such~ t~1ll0ulltS as he deit'l'miues to Le equitable ill relation to
the seriollsness of the default.
" .; ((r) The Secretary is authol'izrd to issue such regulations as he
detpl"l~il1Ps nCCCSSlll'.Y to earry out tlw provisions of this tit!e.
.
.j, • (i) The S(,cl'ptal'Y shall (,:lITy out tlw program authOrized by tIns
sedion through the Commodity Credit Corpomtion.'
"(1) Section W4"!k of til(' .AgT1C'ultllral ...:\djustlIH'lIt Act of IH;lH,
efi'<,cti\·c only with reslwd to the 1974 through 1!)77 crops of wheat
is amended to read as follows:

'''SEC. :J7H". (a) (1) The farm acrea/(e allotment for each crop of
,,,heat shall be determined as provided in this sectioll. The Sccre!ary
shall proclaim the national 3cre3t!e allotment not later than AprIl If)
of pach calendar year for the crop harvested in the next sllceeedinp;
calendar year. Such national allotment shall be the. number of acres
he detcrni'ines on the basis of the estimated national average yield for
the crop for which the determination is bcin~ made will produce Hie

227

Regulations.

84 Stat, 1364.
7 USC 1379c.

Farm acreage
allotment.

qnantity (less imports) that he estimates will be ntilized domestieally

and for export during the marketing' year for such crop. If the Se{Tetary determines that carryover stocks are exee..,;;sive or an increase in
stocks is needed to assure a desirable carryover, 1m m~lY adjust the

allotment by the amount he determines will accomplish the desired
decrease or increase in carryover stocks. The. national acreage allot-

ment for any crop of wheat shall be apportioned by the Secretary
among- the States on the basis of the apportionment to each State of
the national acreage allotment for the preceding crop (lHn national
domestic allotment in the case of apportionment of the 1H74 national
acrea/(e allotment) adjusted to the extent deemed necessary by the
Secretary to pstahlish

:1,

fair and equitablf' aprortionment base for

each State, taking into consideration established crop rotation practices, the estimated decrease in farm acreage allotments, and other
relevant factors.

'" (2) The State acreage allotment for wheat, less a reserve of not
to exceed 1 per centum thereof for apportionment as provided in this
subsection, shall be apportioned by the Seeretary amon/( the counties
in the State, on the basis of the apportionment to each such county of
the wheat allotment for the preceding crop, adjusted to the extent
deemed necessary by the Secretary in order to establish a fair and
equitable apportIOnment base for each connty taking into consideration established crop-rotation practices, the estimated decrease in farm
allotments, and other relevant factors.
"'(3) The farm allotment for eaeh crop of wheat shan be determined by apportioning the county wheat allotment among farms in
the county which had a wheat allotment for the precedin/( crop on the
basis of such allotment, adjusted to reflect established crop-rotation
practices and such other factors as the Secretary determines should be
<:onsidered for the purpose of establishing a fair and equitable allotment. Notwithstanding any other provision of this subsection, the

farm allotment shall be adjusted downward to the extent required
by suhseetion (b).
" '(4) Kot to exceed 1 per centum of the State allotment for any crop
may be apportioned to farms for which there was no nilotment for the
preceding crop on the basis of the following factors: suitability of the
land for production of wlleat, the past experience of the fanH operator
in the production of wheat, the extent to which the. farm operator is
dependent on income from farming for his 1i velihood. t]H\ production

of wheat 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 e..,>tablishing fair and equitable farm

allotments. No part of sueh rcs"rve shall be apportioned to a fllrm to

County appar.
tionment.

Factors determining allotment.

PUBLIC r,AW 93-86-AllG. lO, 1973

228

[87

STAT.

ref!p,ct new cropland brought into production after tIll' date of cilactthe sd-asidp l'l'ognlill for \Y heat.
"'(iJ) The planting OIl a farlll of \Ylwat of :tn.y ('rop for which no
farm nllotlllcnt was ('stablislw(l shall not lIIake tlip farlll eligiiJlp
for an allotment llIHler sllbsedioll (n) (:-~) nor shall sHch farlll hy
reason of sHch planting be considered ineligible fOI' an allotment und!,!'
suhs"c1ion (a) (el) .
.. '(G) The Secretary may 'Hake snch :Hljllstnwnts in acreage 11l1(11)1'
this Act as he determines BeceRsar\, to cOITed for abnormal factors
ntl'l'cting" production, and to give (hip cOllsiderntion to tillabh' acn'age~
crop rotat.ion practices, types of soil, soil and water cOllsernltioll lilcasUI'CS, and topography, and in addition, in the C:lse of cOllserdng llS\'
acrragl'S to 81I('h otlwI' factors as he (It'eills IH'c('sSaI'Y in order to rstablish a fair and equitable consPI'ving' lIse uCl'eage for the farm.
'''(b) (1) If for any erop the total aerpltge of wheat plltntpd 011 a
farm is less than the farm allotment, the farm allotment used as a hasp
for the succeeding crop shall be reduced by the percentage by which
such planted acreage was less than sneh farm allotment, but snch
reduetion shall not execed 20 per eentum of the farm ltlJotment for the
preceding erop. If no acreage has been planted to wheat for three consecutive crop years on any farm which has an allotment, such farm
shall lose its allotment. Pr()(llICerS on any farm who have planted to
wheat not less thltn 90 per mntum of the allotment for the farm shltll
be eonsidered to have planted an acreage equal to 100 per ('eIltum of
such allotment. An acreage on the farm which the Secretury (lptpl'mines was not planted to wheat because of drought, flood,
other
natural disaster or condition beyond the control of the producer shall
be eonsidered to be an acreage of wheat planted for harvest. For th"
purpose of this subspction, the Secretary may permit producers of
wheat to have acreage devoted to soybeans, feed grains for which there
is a set-aside program in effect, gual', castor beans, cotton, triticale,
oats, rye, or such other crops as the Secretary may deem appropriate
eonsidered as devoted to the production of wheat to such extent und
subject to such terms and conditions as the Secretary determines will
not impair the effective operation of the program,
'''(2) Notwithstanding the provisions of subscction (b) (1), no
farm allotment shall be reduced or lost through failure to plltnt the
farm allotment, if the producer elects not to receive payments for the
portion of the farm allotment not planted, to whieh he would otherwisp
be entitled under the provisions of spclion 107 (e) of the Agricultural
Act of 1949.'"
llH'llt of

Acreag(' adjust-

ments.

Allotment reduction, conditions.

or

Ante, p. 225.

REPEAL OF PROCESSOR CERTIFICATE REQFIRK\mXT
84 Stat. 1366.
7 USC 1379d
and note, 137ge
and note.
7 USC 1379f-

137 9j.

76 Stat. 629;
79 Stat. 1203.

78 Stat. 181;
84 Stat. 1366.

(10) Section 403 is amended by inserting "(a)" ltfter the section
designation ltnd by inserting "t the end thereof the following:
"(b) Sections 379d, 37ge, 379t 379g, 379h, 379i, and 379j of the Agrieultnral Adjustmcnt Aet of 1938 (which deal with mltrketing certificate requirements for processors and exporters) shall not be ap-plicable
to wheat processed or exported during the period .Tuly 1, 1973 through
June 30, 1978; ltnd section B79g is amended by adding the following
new subsectIOn (c):
"( c) The Secretary is authorized to take such action as he, rl<'termines to be necessary to facilitate the transition from the certificate
program provided for under section 379d to fl. progra.m under which
no certificates a.rp, required. Notwithstanding any other provision of
law, sueh ltuthority shall include, but sh"JI not be limited to the
authority to exempt ,,11 or " portion of wheat or food products made

87

STAT. ]

PU13LlC LAW 93-86-AUG. 10, 1973

229

therefrom ill the channels of t.rade on .Tuly l11D7i~, from the marketing
restrictions in snbsection (b) of sedion :)7!)(1, 01' to spll ccrtifieates to
persons owning such ,dleut or food products made therefrom at s1Ich
price and UlHh~r snch terlllS and conditions as the Sccl'dal'y may determine. Any such certificate shall be issued bv the Commodity Cn~dit
COl'poratlon. Nothing herein shall allthorize~the Secretary
require
certificates on "'heat pl'occsse(l after .Tune 30, IH7;t"

78 Stat. 181;
84 7 S~~\:

\33~69·d.

to

SlJSPEJ\SION OF WlIEA l' ?lIAHKETI1\G QCOTAS
(.11) Sretioll 40-! is amelldc(l b.v stl'ikill!!
"1!J71, IH72.. and In7:f'
"
wlH'l'c\'pl' it appears and illserting "lB71 throllgh ID7i", amI by stl'ikjng "1972 and 1973" and insC'l'tillg "1!l72 through 1977",

84 SlOt. 1366.
7 USC 13311339.1378,1379,
1385 and notes.

STATE AGEl'ICY ALLOTMENTS, YIELD CALCULATIOJ\S
(12) (n) Section 40;) is amcIH1ed by striking ont "ln7I. 197~. and
1!)7;)" and inserting" 1971 through 1977" ; and li~r relwaling paragraph
(2) cffectiyc with the 1974 crop; by inserting "~Car' after the section
designation; by changing the period aud quotation murk at the end
of the section to a semicolon; and by adding at the end of the section
the following:
"(b) Etfeetive with resped to the 1974 through 1977 crops, section
301 (b) (1;,) (K) of the Agricultural Adjustment Act of 1938 is
amended by adding after 'three calendar years' the following: '(fiye
calendar years in the case of ,,,heat) " and section 708 of Public Law
89-321 is amended by inserting in the second sentence after 'determin.
ing the projected yield' the following' (except that ill the case of
wheat, if the yield is abnormally low in any 011e of the calendar years
of the base period because of drought, flood, or other natnral disaster,
the Seeretary shall take into account the actual yield proved by the
producer in the other four years of such base period)'."

79 Stat. 1210;

S~~tc \;6065, and

847
note.

;9u~'~'i;g?5.

79 Stat. 1211.
7 USC 1306.

SUSPEXSIO:N OF QUOTA PROVISIONS
(12) Section 406 is amended by striking out "lVII, 1972, and 1973"
and inserting "IU71 through 1U77".

84 Stat. 1367.
7 USC 1330
note, 1340 note.

REDUCTION IN WHEAT STORED TO AVOID
PENALTY
(14) Sectiou 407 of the Agricultural Act of 1V70 is amended by
adding at the end thereof the following: "Notwithstanding the forcgoing, the Secretary may authorize release of wheat stored by a producer uuder section 379c(b) of the Agricultural Adjustment Act of
19:18, as amended, prior to the 1971 crop, whenever he determines such
release will not significantly affect market priees for wheat. As a condition of release, the Secretary may require a refund of such portion
of the value of c€'.rtificates reccived in the crop year the excess wheat
was produced as he deems appropriate considering the period of time
t.he excess wheat has been in storage and the need to provide, fail' and
equitable treatmcnt among all wheat program participants.".

7

usc

1379c

note.

Ante, p.

227.

APPLICATION OF THE AGRICULTURAL ACT OF 1949
(15) Section 408 is amended by striking out "1971,1972, and 1D73"
and inserting "1971 through 1977".

84 Stat. 1367.
7 USC 1428 and
note.

230

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

COMMODITY CREDIT CORPORATION SALES PRICE
RESTRICTIONS
84 Stal. 1367.
7 USC 1427 and
note.

(16) Section 409 is amended by striking out "1971, 1972, and 1IJ7:f'
and inserting "1971 throngh 1977".
S~;T-ASIDE

7 USC 1334a-1.

ON SUl\IMER FALLOW FAHMS

(17) Section 410 is amended by striking out "1971, 1972, and HJ7:\,'
and inserting "1971 through 1977".

FEED GRAIN PROGRAM
Loans and
purchases.
84 Stat. 1368.
7 USC 1441
note.

63 Stat. 1054;
78 Stat, 175.
7 USC 1421.

Payments, com·
putation.

(18) Effective only with respect to the 1974 through 1977 crops of
feed gmins, section 501 is amended by(A) striking out that portion through the first colon and section 105(a) of the Agriculture Act of 1949, as it appears therein,
and inserting the following:
"SEC. 501. (a) Effective only with respect to the 1971 through 1!J77
erops of feed grains, section 105 (a) of the Agricultural Act of 194}J,
as amended, is further ameuded to read as follows:
"'SEC. 105. NotwithstalldinJ{!' any other provision of law" '( a) (1) The Secretary shall make available to producers loans and
purchases on each crop of corn at snch level, not less than $1.10 per
bushel nor in excess of 90 l?er centum of the parity price therefor, as
the Secretary determines WIll encourage the exportatIOn of feed grains
and not result in excessive tota.l stocks of feed grains in the United
States.
"'(2) The Secretary shall make available to producers loans and
purchases on each crop of barley, oats, and rye, respectively, at such
level as the Secretary determines is fair and reasonable in relation to
the level that loans and purchases are made available for corn, taking
into consideration the feeding value of such commodify in relation to
corn and other factors specified in section 401 (b), and on each eroJ>
of grain sorghums at such level as the Secretary detel'lllines is fair and
re,asollable in relation to the, level that loans and purchases are made
available for CDI'll, taking into consideration the feeding value and
average transportation costs to market of grain sorghums in relation
to corn.'."
(B) adding at the end thereof the following:
"(b) Effective only with respect to the 1974 throu/,:h 1977 crops of
feed grains, section 105 (b) of tbe Agrieultural Act of HJ49, as
amended, is further amended to read as follows:
" '(b) (1) In addition, the Secretary shall make available to producers paymen~s for each crop of corn, grain sorghums, and, if designated by the Seeretary, barJe.y, eomputed by multiplying (l) the
payment rate, tImes (2) the, allotment for the farm for sneh crop~ times
(3) the yield established for the farm for the preceding crop with
such adjustments as the Seeretary dete,rmines necessary to prodrlt· a.
fair and equitable yield. The payment rate for corn shali be the amount
by wbich the higber of"'(1) the national weighted average market price received by
farmers durmg the first five months of the marketing year for
such crop, as determined by the Secreta ry, or
~
"'(2) the loan lel'el determined under subsection (a) for such
crop
is less than the established priec of $1.38 per busbel in the ease of the
1974 and 1975 crops, $1.38 per bushel adjusted to reflect any chan/':e
during the calendar year 1975 in the index of prices paid by farmers

87 STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

231

for protlnetioll items~ intcrest, taxps, and ,,,age ratt's in the case of the

lU7G crop, and tIl(' l'staLlislH'd pl'iec for the lU7u crop .adjlls~ed to
]'ell('('{: any ('hall~c during the call'ndal' yc:tI'.1!J7n in such mdcx HI the
(',\S<, of the lD77 ('rop: Pl'o'/'lded, That allY lIl('f'{'ase that "'0111<1 sigllah'd by the t-'ccrdary, hurley, shall be sueh
rate as the SperetarY determines fair anol'pasonahle in relation to the
ratf', at. which paylll('llts are made anlilnbh' for ('orn. If the Secretary
ddprmilws that the producers on a farm are prpY('nted from planting
allV portion of the farm acreage allotment to feed grains or other
noilconSeITing (TOP, bC'cilllse of dl'onght, floo(L or other natural disaster or condition bcyond the control of the produccr, til" rate of payment on such portion shall be the larger of (A) the foregoing rate,
or (B) one-third of the established price. If the Se('ldary dctermines
that. because of such a disaster or condition, the total quantity of feed
,U:rains (or othcl' nonconserdng crop planted instead of feed grains)
,,-hieh the producers are able to harvest on any farm is less t.han 667:~
percent of the farm acreage allotment times the yield of feed grains
(or other nonconsP1Ting crop plantcd instead of fced grains) established for the farm, the rate of payment for the deficiency in prodndion helmv 100 pC1'cent shall be the larger of (A) the foregoing
rate, 01' (H) one-thil'd of the establisbed price.
'" '(2) The Secretary shall. prior to .Tanuary 1 of each calendar year,
(letel'llline and proclaim for the crop produced in snch calendar year
a nationul acreage allotment for fep(] grains, which shall be the number of acrrs he (letcrl1linps on the basis of the estlmated national
a"crag-e yield of the feed grains included in the program for the erop
for which the, determination is being made will produce the quantity
(less imports) of snch feed grains that he estimates will he utilized
dOlllestically anel for export during the marketing' year for such crop.
If the Sccretary determines that carryover stocks of any of the feed
grains are e,xe('ssin~ or an inen'ase in stocks is needed to assurc a
desirable carryover, he may adjust. the feed grain allotment by the
amount he determines will accomplish thc dcsired decrease or increase
in eurryover stocks. State" county, and farm feed grain allotments
shall be established on thc basis of thc feed grain allotments established for the preceding crop (for 197+ on the basis of the feed grain
bases established for 197:-n, a(ljnsted to the c.xtent deemed necessary to
establish a fair and equitable apportionmellt base for each State,
tonnty, and farm. :Kat to {l,x('ped 1 per {,(,Iltum of the State, feed grain
allotnwnt may be reserved for apportionment to new feed grain farms
OIl the basis of the follo,ying factors: suitability of the land for produd-ion of feed grains, the ext('llt to \vhich t.he farm operator is dependent on income -from farming for his livelihood, the production of
fped grains on other f:ums owne,d, operated, or controlled by the fann
op(wator: and such other factors as tIH' Secretary determines should lw,
cOllsldel'e,d for the purpose of estr shall be consi(h'rpd to be an acreage of feed grains planted
for han"est. For the pnrpose of this paragraph, the S('('rptaI'Y may
permit prodnc('rs of feed grains to han' aCl'{'agp dp\"oted to soybeans,
wheat, gnar, castor beans. cotton, triticale. oats, rye, or such other
crops as the Se,cretary lIlay deem appropriate, considered as (le"oted
to the prodndion of such feed grains to snch ('xtpnt and snhject to
snch tel'ms and conditions as the Sec1'etar)' determines ,,"ill not impair
the etl'cctivc operation of the progl'um.'.'\
(C) amending the last sentence of section 105 (e) (1) to read as
follows:
"The Secretary shall pennit produeers to plant and graze on setaside acreage sweet sorg-hum, Hnd the Secretary may permit, suhject
to such terms and conditions as he may prescribe, all or any of the setaside acreage to be devoted to hay and grazing or the production of
p.:uar, sesame, safflower, sunflower, castor beans, mustard seed, crambe,
plantago ovato, flaxseed, trit.icale~ oats, ry(', or other commodity, if he
deternlines that such production is needed to provide an adf'ql1llte supply, is not likely to increase the cost of the priee-support program, and
will not a(h"erseJy atred farm income."
(e) strikIng out "lD71. 1D72, 1D7:)" where it appears iu that
part which amends section 105(e) (1) of the Agricultural Act of
1949 and inserting "1971 throu~h 1977", and bv amending the
second sentence of section 105 (e) (1) to read as follows: "If a setaside of cropland is in effect under this subsection (e), then as a
condition of eligibility for loans, purchasf's, and payments on
corn, grain sorp.:hmns, and, if designated by the Secretary, barley,
respeetively, the prod~eers on a farm must set aside and de,'ote
to approved conservatIon uses an acreage of cropland equal to
(i) sueh percentage of the feed grain allotment for thc farm as
may be specified by the Secretary, plus, if reqnired by the Secretary (ii) the acreage of cropland on the farm deyoted in preceding
yrars to soil rOllsclTing uses. as d(·tennine11(,(, of HPetioll 1();")«')
the following: "The Secretary nlay, in the ease of programs for
the 1D74 through 1n77 crops, pay an appropriate sha,.e of the cost
of practices designed to carry out the purposes of the f()['('going
sentences."
~
~

PUBLIC LAW 93-86-AUG. 10, 1973

87 STAT. ]

233

COTTON l'ROGRcL\I
SCSPEXSION OF ]\IARKETlNG QUOTAS FOR CO'n'OX,

~n:Nn[L'l\I

RASE

ACREAGE ALLOTl\IEl\TS

(Ill) Section 601 is amended by(.\) striking out "1$171. 1!17:2, (\m1 1!)7~;" wl!el'f'Yel' it apprars
t herein and inserting" lUTI through 1HiT',
(B) striking "lll/O, ll)71, and IV7:2"' irOln paragraph (2) and
ill~el'tillg "11)70 throngh 1D7(F',
(C) rtrccti\'c beginuing with the l!)/-t: crop. striking out the
following from SPCtlOIl a-:Ua(a) ill section GOl "for which a farm
Ila 1'8 therein
and insprting "lD71 through 1!)7T\ by striking: "the 1072 or 1D7a
crop" where it appears in that. pa 1't amending sC'dion 10:1 (C') (1) of
the Ag"l'icllltllral Ad of 1 n4-H and inserting "any of the 1972
thl'ongh 1977 crops", and hy stl'iking- out. "HcrC'age ,,"odd price" in
that. part anwnding section 10;3 (e) (1) of tIl(' Agl'icnltural Ad of
1D4-D, and substituting "an~rage price of AlIll'I'ican cotton in world
lll:lrk('ts" :
(B) in'that part amending section 103(e) (1) of the Agrieultural Act of ]!J4D striking Ollt "tWO-VPlU' period" whereyer it
appears therein and snbstitnting "thi'ee-year period"; and by
striking out that part lwginning with "except that" in the firSt
sentence and sllh::;titllting "exeppt that if the loan rate so c.aleu~
lated is higher than the then ellrI'l'llt level of average world
prices for American cott-on of snch quality, tlw Seeretal'Y is anthorlzed to adjnst the Cl11Tent ealenlated loal! 'rate for eotten to 90 per
(,(,Htmn of the then CHlTCnt ayerage ·world price.";
(C) ef1'C'eti'i'C', hrgillllillg with the 1974 crop. anwnding section
1();~({')
of tIlt' ~-\g:ricllltlll'al Ad of 194-9~ as it appears in sneh
section fiO~ to rp11d as follmvs:
"(2) Payments shalllw made for pach crop of cotton to the produeers on a farm must. set asidf'.
and devote to approved conservatlOn uses an acreap:e of cropland
equal to (i) suell percentage of the. fa rm base acreage allotment
for the farm as may be specified by the Secretary (not to exce,,!l
2H per centmTI of tlw farm hase acreage allotllwut). pIns. if
required by the Secretary, (ii) the acrenge of cropland on the
farm devoted in precedinp: years to soil conserving uses, as determined by the Secreta.ry."
(F) thc fourth sentence of section ]O:l(e) (4) (A) of the Agri('n1t11ral Act of lV-lf) as fonnd in section fi()2 is amended to read as
follows: "The Se(,l\~tal'Y shall permit pro(111c('r8 to plant and g-raze
on spt-aside acreap:e sweet sorghum. awl the Secretary may pel'mit~
snbjPd to such terms and conditions as he may prescribe, all or

j"ler

84 Stat. 1372.
7 USC 1350.

Set-aside cropland program.

84 Stat. 1374.
7 USC 1444.

[87 STAT.

87 STAT. ]

PIJBLlC LAW 93-86-AIJG. 10, 1973

any of the set-aside aCJ'(':lp:p to bl' <1('\-,ot('d to lilly awl grazing- or
the production of ;!uar, SeaS:lIIU', saftlo\YeI", sunflower, castor ueans,
'mustard seed, el'umhe, plantago ovato, flaxseed, triticale, oats,
r,ye, or other eOlllIll()(lity, if he ddcrlllirws that snch 1I1"0(1I1Ctj011 is
llPNled to pro\'idc an :ulequate snppl.y, is not likely to ill('1"ease the
cost of the Pl'icp-snppOlt program, and will not :ul versel}' affect
farm inconw."
(G) illsp!'t illl! a fl<'l' t lip sp('ond sentence of section 10:3 (e) (;,) of
the .A gricultllral _\('t of ID-!!) as it appears in s\lch section ()O:2 the
following: "T]l(' ~(,(,l'('taI'Y may in the case of programs for the
1974 t.hrongh ] 977 crops, pay an appropriate shure of thetast. of
l'J'aetie('s designed to carry out the pUI1)()SPS of the foregoing
sentences. ~,

235

84 Stat, 1374.
7 USC 1444.

CO",D10DITY CHEIlIT COIlPORATIOX SALES PIUCE
RESTRlCTlOXS FOR COTTOX
(21) Section ()0i1 is amended by striking ant "1f)7..r~ find inserting

"HJ78".

84 Stat. 1377.
7 USC 1427
note.

MISCELLANEOG, COTTOX PROVISlO:NS
(22) Sections mJ4, 60;', 606, 607, and ()Os are eaeh amend,'d by striking out "1971, '197:2, and 1973~~ and inserting "1971 through 1977".

7 USC 1428,
1378 note. 1305
note, 1428 note,
1446d note.

COTTON MARKET DEVELOPMENT
(2:3) Section 610 is amemleu by insertinl! after the ,,-ords "shall be"
in the second sentence the following words "10 million dollars.~~ and by
striking; the balance of said sentence, and further by striking' out
"1972 and 1973~~ and inserting "1972 through 1977" in the third
sentence.

84 Stat. 1378.
7USC2119.

COTTO" INSECT ERADICATION
(24) Title VI is amencled by adding at the eml thereof the
following:
"SEC. 611. Section 104 of the Agricultural Act of 1949, as amended,
is amended by adding a new subsection (d) as follows:
'" (d) In order to reduce cotton production costs, to preyent the
moyement of certain cotton plant insects to arras not now infested,
and to enhance the quality of the environment, the Secretary is authorized and directed to carry out programs to destroy and eliminate cotton
boll weevils in infested areas of the l,Tnited States as provided herein
and to carry out sirnllar pl'ognllns with resl)('ct to pink bollworms or
any other major cotton insect if the Secretary determines tlJat methods
and systems Imye be(m deve]oppd to tlw point that succes.." in eradi('ation of s1lch insects is assllred. The Secretary shall carry out the eradication programs authorized by this subsection through the Commodity
Crpclit CorpOJ·ation. In carrying out insect. eradication projects, the
Se('retary sllal111tilize the technical and related services of appropriat.e
Federal, State, private ag-eneies, and cotton organizations. Producers
and landowners in an eradication zone, established by the, Secretary,
who are receiving benefits from any program administered by the
l}nited States Department of Agriculture, shalL as a condition of
receiving or continuing nny such benefits, partieipate in nnd cooperate with the eradication project, as specified in regulations of the
Secretary.
" 'The Secretary may issue such regulations as he deems necessary
to enforce the provisions of this subsection with respect to achieving

84 Stat. 1371.

72 Stat. 993.
78 Stat. 174.
7 USC 1441
note.

PUBLIC LAW 93-86-AUG. 10, 1973

236

Penaltv.

Government of
Mexico, cooperation.

the. eomplian('e of pl'odu('C'rs ll1H1 landowners who are not rCCCIYlIlg"
hplletits from any program administered by the rnitNl State's ])('p:t1t~
Illent of Agriculture. AllY person who knowing-I)' violates allY such
regulation pl'~mlUlgatcd by the Secl'etar,}~unde~' thIS sllhs~dioli ~Ia.': t~p
assessed a ('Inl penalty of not to exeC'('d $;>,000 for raC'll oUellSC'. ~o c1nl
ppllalty shall he assessed unless the. person shall haH~ been gin.~ll noti('e
and opportunity for a hearing- on sueh charge ill the eounty, parish,
or iIJ('Ol-pol'ated city of the l'psidenc(' of the person eharge{l. ]n (]('tt'l'mining the amount of the penalty the Secretary shall c.ollsider the
a ppropriateness of sueh penalty to the size of the hllSillPss of tIl{' persoll
('harged, the effect on the person's ability to continue in business. and
t be g-ra vity of the violation. lVhere special measures deeilled P5seutia I
to achien'Hlellt of the eradication objcdive arc takeIl by the pl'ojed
alld l"('Sttlt in it los.-';:; of production and iU('Olne to tile producer, the
~('('rdar'y shall provide reasonable and equitahle indcHll1lfil'atioll fl'o1ll
flllHls available for the project, and also provide for appropriate protpetiOll of the allotment, acreage history, and an'l'ag-e yield for tll('
fal'1Il. The cost of the program in each eradication zone shalllw (letermined, and cotton producers in the zone shan be required to pay lip to
ollp-half thereof, with the exact 5h:ll'e in ea('h zone area to be sppcifie(l
by the S(,(,l'etary upon his finding' that such share is reasonable :lud
t'qnitabJe based on population levels of the targf't insect and the dcgTP('
of control measures normally required. Each producer's pro rata
~hare shall be deducted from his cotton payment llndf'1' this ..Act 01'
otlwrwis(' eollpeted. as pnl\-idpd in regulations of the St'cn'tarY.
lllfofar ns practicahle, cotton producers and other persons engaged
in cotton production in the eradication zone shall be employed to
participate in the work of the proieet in such 7one. Funding of t.lJ('
program shall be terminated at such time as the Secretary detpl'minps
:1lld reports to the Congress that complete eradication of the inspcts
for which programs are nndertaken pursuant to this snhspetion has
been nceomplished. Funds in custody of ag-encies calTying: ont the
prog-ruln shall, upon termination of such program, be acconnted for
to the Seerf'tary for appropriate disposition.
,. 'The Secretary is anthorized to coopera te wit II the Goyernment of
~frxico in carrying' out operations or measures in ~fexi('o which he
deems necessary and feasible to prevent the movement int.o the VnitN]
:-;tatrs from l\fexico of any insects eradicated undt'r the provisions of
this subsection. The nleasure and character of cooperation carried ont
under this subsection on the part of the United States and on the part
of the Gon:'rnmellt of ~I(,XICO. lllc]udin7 the exppuditllre or ltSP of
fnnds made available by' the Secretary under this subsection, shall he
such as may he prescrIbed by the Secretary. Arrangements for the
cooperation authorized by this subsection shall be made through and
in consultation with the SecretarY of State. The Commodity Credit
Corporation shall not make any' expenditures for carrying out the
pllrposes of this subsection unless the Corporation has recei\'ed funds
to con~r surh expenditures from appropriations made to carry out the
purposes of this subsection. There are hereby authorized to be appro])riated to the Commodity Credit Corporation such sums as the
Congress may from time to time determine to be nccess:ny to carry out
t hr pnrposes of this subsection.'."

SKIPROW PR.\CTICES
Ante, p. 235.

(2,,) Titlc YI is further amended hy addiug the following ncw
s('(,tion:

79 Slat. 1210.
7 USC 1374.

"SEC. 612. Section 374( a) of thc Agricultural Adjnstment Act of
HnS, as amended l is hereby anw·ndpr! by ad(ling the following new
SPJIt.ence: ''''''here cotton is planted in skiprow patterns~ the samp rules

87 STAT.]

PUHl.TC LAW

93-86~AlJG.

10, 1973

237

that were in effect for the 1071 through If)7a crops for classifying the
acreage planted to cotton and the area skipped shall also apply to the
1974 through H)77 crops.'."
PUBLIC LAW 480
(26) Section 701 is amended by striking ont "197iV' and inserting
"1977"; and title VII is further amended by adding at the end thereof
the following:
Section 10:-~ of such Act is ame)Hled by insC'rting before tlH~ semicolon at the. end of subse(,tian (0) the followin~: "and that COIllluel'cial snpplies arc ayailable to I11C't.'t demallds (1e,'e101'('<1 through
programs CUlTi('d out undeI' this Act."
"SEC. 704. Title IV of snch Act is amended by adding at the end
thereof the following:
" 'SEC. 411. No agricultural commodities shall be sold under title I
or tith, III or donated under title II of this Act to North Vietnam. unless by an Ad of Congress enaded subsequent to .July ], 1973, assistance to North Vietnam is specifically authorized.' "

8..\ Stat. 1379.
7 USC 17Jtic.

80 Stat. 1521.>:
82 Stat. 450.
7 USC 1703.

80 Stdt. 153.'i.
7USCI7J!.

7 USC 1701,
1692,1724.

MISCELLANEOliS PROVISIONS

(27) Title VIII is amewled as follows:

84 Stat. 1379.

BEEKEEPER INDEMNITIES
(A) Section 804 is amended by striking out "December 31, 1973"
and inserting "December 31, 1977".
(B) By adding at the end thereof the following:

84 Stat. 1382.
7 USC 135b
note.

FHA LOANS
"SEC. 807. The first sentence of section 305 of the Consolidated Farm
and Rural Development Act is amended by striking ont '$100,000' 75 S>"L 30S;
and inserting '$225,000'; and by striking out 'or (b)' and inserting 847S~~tC \~~25·.
'(b) the loans under such sections to anyone borrower to exceed
$100,000, or (e) '.
"COST OF PRODUCTION STUDY
"SEC. 808. The Secretary of Agriculture, in cooperation with the
land grant colleges, commodity organizations, general farm organizations, and indi vidual farmers, shall conduct a cost of production study
of the wheat, feed grain, cotton, and dairy commodities under the yarious production practice.s and establish a current national weighted
average cost of production. This study shall be updated annually and
shall include all typical Yariable costs, a return on fixed costs equal to
the existing interest rates charged by the Federal Land Bank, and
return for management comparable to the normal management fees
charged by other comparable industries. These studies shall be based
upon the size unit that requires one man to farm on a full-time basis.
"LIVESTOCK STUDY
"SEC. 809. (a) The Secretary of Agriculture is authorized and
directed to carry out a comprehensive study and investigation to determine the. reasons for the extensive loss of lin~stock sustaIned each year,
through injury and disease, while such Ii,"cstock is being transported

238

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

in illtel'state COlIlllWl't'('. for eOlllIlH'J'('ial purposes. TIH' S<>cl'dal"y is also
lllltlIorjzpd and dired('ll to conduct, in COIllH't'tlon with s\lch study and

invpstigatioll, an intl'Jlsin~ ]'('S(':u'ch program for the pm'pose of den']OpillP: JneusUl'ps that can be t.akell to reduce materially the llmnhel' of
animals lost, through injury and disease during transpOItatioll 1'01'
('OJlIIlWl'cia] !HU'POSPS.
Reports to
Congress.

Appropriation.

''(1)) The Secl'et:u.y of Agl'icu]hll'{' shall submit to the Congrpss llot
morc than four vcars after the date of pnacfnll'llt of this section:l tillal
report on the j'eslllts of his ~iud.y and inypstigation and research
together with such l'eeollnnendations for adrninistratl n' and legislati yp
action as lw dpcms appropriatp. He shall submit such intprilll n'ports
to the COllgT()SS as he de('ms lHhisaLh" but at least OIl(' at, tllp PlId of
('Hell hvclve month period following: the date of Plla<'tllll'llt of tllis
section.
"(c) There is authorized to hr appl'opl'iatl'd s11eh SllIllS as Jllay he
necessary to carry out the proYlsions of this section, hilt- not mon' than
$500,000 in any fisca ] year.

"WHEAT AND FEI,;n GHAINS HESEAHCH

Appropriation.

"SEC. 810. In 01'(1(>1' to reduce fertilizer llll(lllPrbici(l(' lIsa;!e in excpss
of production needs, to den·lop wheat and fpp(] grain varieties more
susceptible. to complete- fertilizer ntilization. to improve the I'f'SistaIlec
of wheat and fee(l grain plants to disrase ~nd to rll]mnc(' their consel'vation and environmental qualities, the Secretary of Agriculture is
authorized ana directed to carry out regional :llHlnational rps('arch
programs.
"In carrying: out such r('scar('1I, the Sf'cretary shall utilize the te('hnieal and related serdces of the appropriate Federal, State, and
pri,-ate agencies.
"There is authorized to be appropriated sueh snms as may be necessary to carry out the prmrjsions of this section, but not more than
$1,000,000 in any tiscal year.

"TECHNICAL SFPPOHT
"SEC. 811. The Department of Agriculture shall provide teehnieal
support to exporters and importers of rnited States agricultural
products when so requested. Sudl support shall include, but not be
limited to, a review of the ft.'asibility of the export proposal, adequacy of sources of supply, complinnep with trade rrgulations of the
lTnited States and the irnporting country and such other information
or g-uiclance as may be neNled to expand and expedite lJnitet! States
agricultural exports by private trading interests.

"EXPOHT SALES HEPOHTING
"SEC. 812. All exporters of wheat and wheat flour. feed grains, oil
seeds, cotton and products thef{'of. and other commodities the Spcretary may designate produced in the United States shan report to the
Secretary of Agriculture. on a wcr,kly basis~ the following information
regarding any contract for export salrs entrred into or subsf'ql1ently
modified in any manner during the report-ing period: (a) type. class,
and quantity of the commodity sought to I", E'xp0l1ed, (b) the marketing year of shipmpnt, (c) destination, if knowll. Individual reports
shall remain confidential but shall be compiled by the Secretary an(,1'50n (01' corporation) who knowingly fails to n'pOl't
('xport sales pursuant to the l'eqllil'PllH'llts of this spdioll shall ue
f-ill(·d not. mOl'e than $:2;,),000 or imprisOlwd not more than one year,
or both. The St:'el'daI'Y may, with 1Tslwd to any commodity or type
or el:lSS tJ1Pn'of during any lW!"i()(l in which lip (lPkl'lllilH's that tlwJ'e
j~; it domestic supply of such eOllllnodity substantially in exc('ss of the
(pIautity JIl't>(h'd to llwet dOJlwstie rL'qnin'mrnts, and that total suppli('8 of such commodity in tIl(' f'xpolting- countrirs an' ('stimuted to be
in sllrplu8 1 and thai anticipated exports will not l't'sult in pxc0ssive
drain on dOllwstic suPP1i('Sl and that to rrqnil'p the I'('ports to be made
","ill unduly hamper export salps, provi{le for such I'('ports by pxporters
and publishing of 8uch data to be on a. monthly basis rather than on a
,veekly basis. 1'
l~nited

Penalty.

"DISASTEH HESERVE
"SEC. 812. (a) Kobvithstallding: any other prO\·ision of law, th(' Secretary of Agriculture shall under the provision~ of this Act establish,
maintain. and dispose of :L separate reSf'Tn~· of invpntories of not to
excef'd 75 million bushpls of "'lwat 1 feed grains: and soybeans for the
purpose of alleviating distress caused by a natural disaster.
"Such reS('l'\Te inventories shall inelude such quantiti(~s of grain that
tIw SeCrl't.:iry (leems needed to proyidc for the alleyiation of distress
as the l'l?sult of a natural disaster.

"(b) The Secretary shall acquire such commodities through the
price support program.

"(c) Except when a state of emergeney has been proclaimed by the
President or by concurrent resolution of Congress dedaring that such
reserves should be disposed of, the Secretary shall not offer any commodity in the reserve for sale or disposition.

"( 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 1 or the Vir~in Islands and (b) in
conneetion with any major disaster determined by the, Pre,sident to
warrant assistance by the Fede,ral Gove,rnment under Public Law 875,
Ei!!.hty-first
CongTPss, as nm(,lld(~d (42 U.S.C. 1855 et Sf'q.) , or (2)
'--'
for usc in connection with a state of civil defense emergency as proclaimed by the President or by concurrent rf'solution of the Congress
in u('conlance with the provisions of the Federal Civil Defense Act
of 1950, as amended (50 U.S.C. App. 2251-2297).

64 Stat. 1109.

42 USC 1855.

64 Snwnt poli('il'~
Hilder tIllS Act which an.> designed to encourage Anwl'ic:ln fal'llWrS to
produce to their full capabilitips during ppriods of short sllpply to
assnn' AnH'rican consumers with an ade<)natp supply of food llllli fihl']'
at fail' and I'pasonahli.'> pl'ic.ps.

"RrRAL DEVELOPMENT
7 USC 2651.

7 USC 2654.

86 S~at. 659.
7 USC 1926.

"S;:c. BIll. (a) Section 401 of the Bnral Development Ad of I!J7:!
(86 Stat. 670) is amended by substituting- the words 'tire' nIHI "firps·
for the words 'wildfire' and 'wildfirps\ r('sp('dively~ whcl'e\'(>r sudl
\Yords appear.
"(I» Section 404 of the Rural De\'cloplllent AC't of I!J72 (HI; Stat.
H71) is amended to read as follows:
"'SEC. 404. ApPRoPRI.\TIoxs.-Th",rp, is authori;,;;ed to be appropriated to carry out the provisions of this title $7,000,000 for each of tlm'\'
eonsecut,ive fiscal years beginning 'with the fiscal year for which flllld~
are first appropriated and obligated by the Secretary of Agl'icultlln'
"arrying out this title.'
"(e) Section 306(a) of the Consolidated Farm and Bural D\'\'P}opment Act is amended by adding at the end thCl'l"of the following:
"'(13) (A) The Secretary. under such reasonahle rnlps awl conditions as he shall establish, shall make, grants to eligihle voluntepl" f11'l'
clepartments for up to 50 per centum of the cost of firefighting equipment needed by such departments but which such departuH'nts aiT
unable to purchase through the resources otherwise available to them.
elnd for the cost of tlw training necessary to enable snch de,partmcnt:-o
to lIse such equipment (·fliciently.
"'(B) For the purposes of this subsection, the term "eligible "OIUlIteer fire department" means any established volunteer fire departmmlt
in a rural town, village, or unincorporiltc A of the COllsolidal<·d Farm
and Rural Development Act is amenno tlwreoi'
the following-:
;; •(-l-) 'X 0 grallt 01' loan ant horizpd to }I(' 1I1l1d(' Ilndt'l" t II is ~ \(·t
sha.ll rcquire or be sHbjPct to the prior approyal of any offict'r,
employee, or agency of any State.
;, '( [»
Ko loan ('Olmnitull'llt issued 11l1{lt'l" this ~iPdioll. Sl'ct-ioll
;~()-t-. 01' sPetiOll ;H2 shall be conditiOlwd upon tllp, applicant invcsting" in ('xcess of 10 pel' epntum in the ImsilH'sS or industrial enterprise for w'hich purpose the loan is to 1)(' ma(k nn1(,88 the Sccrptfll'Y
d('tprmill('S thl'n~ arc spt'cial circmnstaucps which lH'crssitatp all
t'quity illypstnlPnt by tIl(' applicant gTl'atel' than 10 IWl' c(-'llhll1l.
.. '(H) Xo pl'odsion of law shall prohibit issl1ancp by tIl(> ':-;PCTPta ry of certificatps pyidpncing beudicial mnwl'ship in a block of
notf'S illSUl"pd or gwu-antl'l'd under this Act or Title Vaf the Honsing Act of 1949; any sale by tlw Spcl'etary of such cl'l'tificat('s shall
be trcated as a sah> of ass,'ts fol' th" purposes of til<' Budgd a'1<1
.Accounting' Act of 1921. Any security rflprflsflnting lwnpfipia1
ownership in n block of not{'s g-uarantN~d 01' inslll'pd undpl' this
A"t 01' Titl" V of the Housing Act of 1949 issued by II pri,'at"
plltity shall be pxempt from laws administ.f'l'E'd by tllf'. S('('uritiPR
and Exchange Commission, (-'xcept s('ctions Ii. 22. and 24 of tllP
Securitif's Act of 19~3, as all1f'ndpd; howeH']', thp S(-'crpbll'~' shall
J'rquire (i) that the, iSSlH'r place sueh notf'S in dIP custody of fill
institution chartf'J'f'd by a Fportant migratory waterfowl nesting- and breeding
areas which are Identified in a conservation plan develoJwd in rooperation with a soil and water conservation district in ,,,luch the lands
nrc located, and under such rules and regulations as the Sccn~tal''y may
provide, include a schedule of proposed changes, jf any, to consern~
surface waters and PI'PSPTVP and impl'o\'p habitat for mi7ratory watrrfowl and other wildlife resourres and improve subsurfa.ce moistu1'e,
including, subject to the provisions of section 1001 of this title, the
reduction of areas of new land coming into production, the enhancement of th~ natural beauty of the landscape, and the promotion of
comprehensive and total water management study.
"SEC. 1003. (a) Approved conservation plans of eligible landowners
and operators deveJoped in cooperation with the. soil and water COIl~

87

STAT. ]

243

PUBLIC LAW 93-86-AUG. 10, 1973

SCl'vation district or the State forester or other appropriate State
offie-iul in which their lands are situated shall fOI'JIl a basis for contracts
under t.his title. l' neIer the contract the landowner or operator shall
agrcc"(t)) to COlli ply \vjth all applicable Fl'lkral, 'state, 01' loeall:nvs,
and I'Pglllatioll~, illcllHling- tI108(> gOY(,l'llillg C'llriI'OllIlH'lltal protection and noxious ,reed abatenwllt; awl
•• (fi) to sueh additional IH"O,·jsioJls as thi:' SC(Tctary (lrtpf'milH'S
arc desirable and includl's ill the contract to ('tt'l~ctllate the pu)'pO:3t's of the program 01' to facilitate the practical adlllillistl'ation
of the prog:l'am: Pl'ol'ided, Tlwt all eontl'aets ellt<.'n'd into to
elTectuatc th(' Plll'lX)Sl'S of the "'-ater Bank .Act for wetlands shall
contain the further agn'pllll'nt of the owner 01' operator that he
shall not drain, burn, filL or othe1'wis(' destroy tIl(' wetland ehar:lett'!' of such areas, nol' use such areas for agi'icultllral purposes:
And !N'o/'ided further, That contracts pntc'l"('d into for the protection of wetlands to effectuate tllt' purposes of the. "Tater Bank
Act may include ,ydlands covcred by Fe(lcral or State gon~rn­
Illcnt easenwnt which pennits agricultnralusl', to:.rether with such
adjacent areas as determined desirable by the Secretar,Y.
''(1)) In return for such agTl'ement by till' lando-wner or operator
the Secrl'tul'y shall agTl'(' to make paynwnts in appropriate. circumstances for the ll~e of land maintained for conselTatlon purposes as
set forth in this title, and share the co~t of carrying- out those conservation practices and measures set forth in the contract for which he
deteTmilles that cost-sharing is appropl'iatp and ill the public interest.
The pOlfion of such co,t (including labor) to be ohared shan be that
part which the Secretary determines is necessary and appropriate to
effpetuatc the physical installation of the conservation praetices and
measures under the eontraet, but, in the case of a eontract not enterf'd
into under all advertising nild hid procedure under the provisions of
seetion lOOH(d) of this title, not less than 50 per centum or more than
75 per centum of the actual costs incurred by the, owner or operator.
"(e) The Secretary lllay terminate any contract with a landowner
or operator by mutual ag-recment with the owner 01' operator if the
Secretary de-tN'mines that such termination would be. in the public
interest, -and may agree to such modification of contracts previously
entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof
or to accomplish equitable treatment ,,,i1,h respect to other similiar conservation, land use, or cOlnmodity programs administered by the
Secretary.
"S"c. 10M. The Secretary is authorized to make available to eligible
OWllers and oppratol's conservation mat.erials ineluding- seeds, seed
inoculants, soil conditioning materials~ trees, plants, '3nd~, if he determines it is appropriate to the purposes of this title, fertilizer and liming materials.
"SF£'. ]005. (a) Notwithstanding the proyisions of any other title,
the Secretary may establish multiyear set-aside contracts for a period
not to extend beyond the ID77 crop. Such contracts may be entered into
only as a part of thp programs 111 eft'l'ct for "'heat, fprd grains, and
cotton for the years 1974 through ID78, and onl.v producers participating in onl' or more of sueh programs shall be eligible to contract with
the. Seen'tary under this section. Producers a~n~eing: to a multiyear
set-aside agreement shall be required to devote this acreage to vegetative cover capable of maintainln.g itself throug-hout. such period to provide soil protection, ,vater quality enhancemellt, 'wildlife production,
and natural beauty. Grazing of livestock under this section shall be
prohibited. Produccrs entering into agreements under this section shall

84 Stat. 1468.
16USC1301
note.

Land conservation, payments.

Conservation
materials,
availabilIty.

Multiyear
set-aside
contracts.

244

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

also agree to rom ply ,\·ith all applicable State and local law and l'pg-ulatioll governing: noxious ,Yeed control.
Cost-sharing
incentives.

Regulations.

Advisory board,
appointment.

52 Stat. 31;
86 Stat. 676.
16 USC 590h.
Members.

Meetings.

N"tional advisory board.

"(h) The Secretar}' shall provide cost-shat-jug incentives to farm
operators for such cover establishment, "'lH'lWYer a multiyear (~ontl'a({
is entered into 0]) all or aport-ion of the set-aside acreage.
"SEC. lOOG. The Secretary shall is~me sue]} regulations as he (let-pl"
mines necessary to carry out the prO\"isiolls of this title. The total ,UT('age placed lllHlel' agreements which result in their I'('tiremellt f"OIIl
prodlle.tion in filly county or local comlllllllity shall in additioll to tilt'
limitations els(~whel'e in this title be limlte{l to a p('ITentag'r of the total
eligible acreage in such county 01' local COlllJlHlllity ,,,hich the Sp{'n'tlUY determines w011l(l not l1l1n'1'8elv aired the <,cOllom V of the COllntv
or 'local cOlllmllnity. In determini;l:,! such percenta;!(; the S('('n'tar~'
shall girl' appropriate consideratioll to the prodlletiyity of tIl<' IH'n'age being J'etirp(l, if any, as compared to the average pl'odnctiyity of
('ligihle acreagv in such COUllty or local community which the S('(T<'t:tI'Y
df'terminps would not advt'rsely affect the economy of the cOllllty 01'
local COBlllllUlitv.
"SJ<:C. ]007. (a) The Seerdary of Agriculture shall appoint all :td~
yisorv board ill each State to advise the Statp committee of that State
(established under spetion 8 (b) of the Soil C'onsclTation alHl ] )onwsti('
.A Jlotment Act) regarding the types of eonsenTation measures that
should be approved to effectuate the purposes of this title. The Seen'·
tary shall appoint at least six indiyirltmls to the advisory board of
each State ,yho are especially qualified by rpason of education. training, and ('xpel'ience ill the fiehls of ag'riculture, soil, water. wildliff',
fish, and forest management_ The advisory board appointed for any
State shall meet at least once eaeh calendar year. Said appointed members shall includr, but not be limited to, the State soil conservationist,
the State forester, the State administrator of the water quality pro~rams, and the State wildlife administrator or their designees: PI'OI'ided, That such board shall limit its ad,-ice to the State committees
to tlU' types of conservation mensures that should be approved ai}'('ding the water bank program; the authorization to purchase lwrpeflla 1
easements to promote the purposes of this title, as described in spctiOll
1001 of this title; the prm-iding of long-term upland game cover: and
the eS:lblishment and mana~rlIlel_lt of avpl'oH'd pl'adi~l's ~m Illultiyear
set-asHle contracts as pro\.'ldcd III sectIOn 1005 of tlus htle:
"(b) The Secretary of Agriculture, through the establishment of a
national advisory board to be named in consultation with the Sc('retarv
ofthe Interior, shall seek the addee and assistance of the appropriat'c
officials of the several States in developing the programs under this
title, especially in developing guidelines for (1) pr"vidinIT technical
assistance for wildlife habitat Improvement practices, (2) ~vnluating
e.ffects on surrounding- areas, (3) considering aesthetic values, (.J-)
('heeking compliance by cooperators, and (5) carrying out programs
of wildlife management authorized under this title: Pro11ided. That
such board shall limit its advice to subjects which cover the tvpes of
eonservation measures that should be approved regarding the watpr
bank program; the authorization to pUl'ehase perpetual easements to
promote the purposes of this Act, as described in St'ction 1001 of this
titl('~ the prO\-idinf!: of long-t.el-m upland game coYer~ and tIlP estahlishment and mUlUlg"mnent of approved nra(~ti('es on multiyear srt-asid()
contracts as provided in section 1005 of this title.
"
"SEC. 1008. In carrying out the programs authorized unde,r srctiollS
1001 through 1006 of this title, the Secretary shall, in addition to
appropriate cOOl·dillation with other intel'Psted Federal. Stat£'. and
local ag-eneies. utilize the sen-ices of local, county. and State committees established under spction 8 of the Soil COllsel'\-ation and DOJnPstic

87 STAT.]

PUBLIC LAW 9:l-86-AUG. 10, 19n

245

Allotment Ad, as amended. The Secretary 3S also authorized to utilize 864~t~~~t6/6~3;
the facilities and services of the Commodity Credit Corporation in 16 usc 590h.
discharging his functions and responsibiliti,:,'i nnder this prognlm.
The Secretary shall also utilize the technical services of the Soil Cons{~rvation SelTicc, the Forest ~eryi('e, State forestry organizations, soil
and water cOllspryation thstrjds, and otl)('," Stnh', and Federal agencies,
as appropriate, in deycl~pmeJlt and installation of apprm-ed COllserva·
tion plans under tlus tItle.
"Sl':C, 1009. (a) In fnrtherance of the purposes of this title, the Sec- incentives
Face",y
retary of Agriculture is authorized and directed to develop and carry program.
out a forestry iJH'pllti"es program to PW'OUI'a;:!(' the d",\"p]opnwnt, rnnnagement, and protection of nonindust.rinl private forest lands. The
}H-lrpOses of such a rrogram shall be to encourage landowners to apply
practices ,,,hieh wIll provide for the afforestation of suitable open
lands and reforestation of eutm"er and ot.her llollstoeked and understocked forest lands and intensive multiple-purpose management and
protection of forest resources so as to provide for production of timber
and related benefits.
"(h) .For the purposes of this 5(·('tion. tIl(' term 'non-iu(}ustrial pri- "Non·Industrial
- d ustna
- I prlville
forest
vate forest lands' means lnnds capable of produein:r crops o.f m
lands."
\vood and oWlwd by any pri,"at{' indidduaL g-I"Ollp. assoeiation, corporation, or other leg-al eniit,y. Such tenn d()('s not inclnde private entities
which reg-lIlarly engage in the business of mlUlufactllring- forest prodnets or prodding- public utilities servjc('s of any type, or the subsidiaries of such entities.
"(c) The Secretar.v shall consult. with the Stat{' fon'ster or other sIstance.
Federal asappropriate official of the respective States in the' conduct of the forestry incentiv(·s program under this section, and Fl'deral assistance
shall be extcnded in accordance with sedion 100~ (b) of this title. The
Secretary shall for the purposes of this srction distribute funds available for cost sharing among and within the States Ollly after assessing
the public, benefit incident thereto, an(l after givinl! appropriate COllsideration to the number and acreage of commercial fOI"Pst lands, number of eligibl€' oWllf'rships in the State. and counties to be served by
such cost sharing; the potent,ial productivity of such lands; and the
need for reforestatioll, timber stand improvement, or other forestry
investments on such land. No forest incentives contract shall be ap- ll~i~:~~::.
proved under this se-dion on a tract greater than five hundred acres,
unless the Secretary finds that significant public benefit will he incident
to such approval.
"( d) The Secretary may, if he determines that such action will
contribute to thc effecti \'e and equitable administration of the program
established by this section. use an advertising and bid procedure in
determining the lands in any area to be covpred by agreements.
"( e) In implementinJ! the program under this section, the Secretary
will cause it to be, coordinated with other related programs in such a
manner as to €'nconrage the utilization of private agencies. firms, and
individuals furnishing services and materials needed in the application of practices included in the forestry incentives improvement prog-ram. The Secretarv shall periodically report to the appropriate Report Ito I
congressional committees 01 the progress and conduct of the program ~~~~~t~:e~~a
estahlished under this section.
"SEC. 1010. There are hereby anthorized to be appropriated annually Appropriation.
snch sums as may he necessary to carry out the provisions of this title.
The programs, contracts, and authority authorized under this title
shall be in adflition to, and not in substitution for, other programs in
such areas authorized by this or any other title or Act, and shall not

246

PUBLIC LAW 93-86-AUG. 10, 1973

[87 STAT.

expire with the termination of any other tith· or Ad: PTorided, That
not more than $25,OOO,()()() annually shall be authorized to be appropriated for the programs authorized under section 1009 of this Act."
ADVISOHY
60 Stat. 1091;
81 Stat. 752.

co~rl\UTTEE

REPEAL

S>:C. 2. Section :\01 of the Act of August 14, 1946 (Pnblic Law
79-738) as ftmelHled (7 C.S.C. lfi28) , is hereby repealed.
FOOD STAl\ll'S

84 Stat. 2048.
86 Stat. 1491.

86 Stat. 1465.
42 USC 1381.

42 USC 1382e.

86 Stat. 1484.
42 USC 301.
1201.1351.
86 Stat, 1329.
42 USC 401
note.

Definition.
78 Stat. 703;
84 Stat. 2049.

42 USC 4551
note.

21USCIIOt
note.
Eligibility
standards.
84 Stat. 2049.

SuprB.

SEC. 3. The Food Stamp Act of 19M, as amended, is amended as
follows:
(a) 'I'll<' second spntenpp of section :J(e) of the Food Stamp Act of
lUM (7 U.S.C. 2012(e)) is amended(1) by strikillg" out "at·,,; and
(2) by inserting before the period at the end thereof the foling: ", or (3) any narcotics addict or aleoholic who live..~ under
the supervision of a priv'ate, nonprofit organizatioll or institution
for the pnrpose of regular participation in a. drug or alcoholic
treatm{~nt and rehabilitation program."
(h) Seetion 3(e) of the Food Stamp Act of 1964 is ampnded by
striking out the last sentenc,{3 therein and inserting in lieu thereof the
followin~ selltenee: "Ko individual ,vho reeei yes supplemental security
income benefits under title XVI of the Social Security Act shall be
considered to be a member of " household or an elderly person for any
purpose of this Act for any month if such person receives for such
month, as part of his supplemental security income benefits or payments deseribcd in seetion 1616 (a) ofthe Social Security Act (if any),
an amount equal to the bonus valne of food stamps (according to the
Food Stamp Schedule effeetive for July lU73) in addition to the
amount of assistance such individual would be entitled to receive for
such month under the provisions of the plan of the State approved
nnder title I, X, XIV, or XVI, as appropriate, in effed for Decemher 197H, assuming such plan were in effect for such month and such
individual were aged, blind, or dis"bled. as the case may be, under the
provisions of such State plan or under Public L"w 92-tJ03 as amended.
The Secretary of Health. Education, and ''Ve/fare shall issne regulat.ions for the implementation of the foreoging sentence after consultation with the Secretary of Agriculturp."
(p) Section ~ of tf,e Food Stamp Act of lUM (7 U.S.C. 2012) is
amended by adding at the end thereof the following new subsection:
"(n) The term 'dI'l1g' addiction or alcoholic treatment and rehabilitation prog-ram' means any drng addiction or alcoholic treatment and
rehabilitation program eonducte,d by a private nonprofit organization
01° institution which is ('{,rtified by the State agency or agencies designated by the Governor as responsible, for the administration of the
State's programs for alcoholics and drug addicts pursuant to Public
Law UI-616 'Comprehensive Alcohol Abuse and Alcohol PreYention,
Treatment, and Hehahilitation Act' and Publie Law U2-255 'Drug
Abuse Office and Treatment Aet of lU72' as providing treatment that
can lead to the rehabilitation of drug addicts or alcoholics."
(d) Section 5 of the Food Stamp Act of lUM (7 U.S.C. 2014) is
amended by adding at the end thereof the following new snbscetion:
"( d) The Seeretary shall establish unifGi'lll national standards of
digibility for households dpseribed in section 8(e) (:l) of this Act."

87 STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

(e) Section 5(c) ofthe Food Stamp Act of 10G4 (7 U.S.C. 2014(c))
is amended by adding at the end thereof thc following: "For the purposes of this section, the term 'able-bodied adult person' shall not
Include a.ny narcotics addict or alcoholic who regularly participates,
as a. resident or nOllI'psident, in any drug addiction or alcoholic treatment and rehabilitation program."
(f) Section 10 of tbc Food Stamp Act of 10G4 (7 U.S.C. 2010) is
amcnded by inscrting at the end thereof the following new subsection:
"( i) Subjcct to such terms and conditions as may be prescribed by
the Secret.ary in the regulations pursuant to this Act, melubers of an
eligible household who are narcotics addiets or aleoholics and regularly participate in a drug addiction or alcoholic treatment and rehabilitation program may use, coupons issued to them to purchase food
)repared for or served to them during the eourse of such program
/)y a private. nonprofit organization or institution which meets requiremcnts (1), (2), and (3) of subsection (h) above. Meals served pursuant to this subsection shall be deemed 'food' for the purposes of this

Act."

(g) Section 5 (b) is amended by inserting the following before the
perlOd at the end of the second sentence: ": Provided, That such
standards shall take into account payments in kind received from an
employer by members of a household, if such payments are in lieu of
or supplemental to household income: Provided further, That such
payments in kind shall be limited only to housing provided by such
employer to such employee and sball be the actual value of such housing but in no event shall such value be considered to be in excess of the
sum of $25.00 pel' month".
(h) The fourth sentence of section 5(b) is amended to read as
follows:
"The Secretary may also establish temporary emergency standards
of eligibility for the duration of the emergency, without rel(ard to
income and other financial resources, for house,holds that are the victims of a mechanical disaster 'which disrupts the distribution of coupons, and for households that are vidims of a disaster which disrupted
commercial channels of food distribution when he determines that
such households are in lwed of temporary food assistance, and that
commercial channels of food distribution have again become avail~
able to meet the temporary food needs of such households: Provided,
That the Secretary shall In the case of Puerto Rico, Guam, and the
Virl(in Islands, establish special standards of eligibility and coupon
allotment sehedules which reflect the average ,Per capita ineome and
cost of obtaining a nutritionally adequate diet m Puerto Rico and the
respective territories; except that in no event shall the standards of
eligibility or coupon allotment schedules so used exeeed those in the
fifty States."
(i) Section 10(e) is amended by striking out "and (G)" and
inserting in lieu thereof the following: "( 6) issuance of coupon allotments no less often than two times pel' month; (7) notwithstanding
any other provision of law, the institution of proeedures under which
any household participating in the program shall be entitled, if it so
elects, to have the charges, If any, for rts coupon allotment deducted
from any grant or payment such household may be entitled to receive
under title IV of the Social Security Act and have its coupon allotment distributed to it with such I(rant or payment; and (8)"; and (2)
by adding at the end thereof the following: "The State agency is
required to suhmit, prior to January 1, W74, for approval, a plan of

247
84 Stat. 2050.

Narcotics addicts or alcoholics, meal purchases.
78 Stat. 706;
84 Stat. 2051,

84 Stat. 2049.

Temporary
emergency eligi_
bility standards.

84 Stat. 2051.

49 Stat. 627;
81 Stat. 884.
42 USC 601,

248

Appropriation.
84 Stat. 2052.
7 USC 2025.

Elderly persons,
meal purchases.
84 Stllt. 205l.
7 USC 2019.

"Food."
78 Stat. 703.

Coupon allotment face value,
charges.
84 Stat. 2050.

Alaskans, hunt'ng and fishing
equipment, purchase.

PUBLIC LAW 93-86-AUG. 10, 1973

[87 Sur.

openttion specifying the manner in which such State agency intends
to conduct the program in eve,ry political subdivision in the State,
unless such State agency can demonstrate that for any political subdivision it is impossible or impracticable to extend the program to
such subdivision. The Secretary shall make a determination of
approval or disapproval of a plan of operation submitted by a 8tate
agency in sufficient time to permit institution of such plan by no ]atC't'
than June ao, 1974."
(j) Se(~tion Hj(a) is anH'nded bv striking out in the first s('ntrncc
".June ao, 1972, and June ao, 197:>" and substituting "June ao, 197i,
throngh June ao, 1977", and by inserting at the end of the first sentence
of subsection (a) tIl(' followmg new sentpnee: "SllIllS appropriated
under the provisions of this Act shall, notwithstanding the pro\'isions
of any other law, continue to remain available until expended."
(k) Section lO(h) is amended by adding at the end thereof the
following: "Subject to such tenlls and conditions as may be prescrihe,d
by the Seeretary, in the regulations issued pursuant to this Act, members of an eligible household who are sixty years of age or o\'er or
elderly persons and their spouses may also use coupons issued to them
to purchase meals prepared by senior citizens' centers. apartment
bnildings occupied primarily by elderly persons, any public or nonprofit private school which prepares meals especially for elderly
persons, any public or nonprofit \H'ivate eating establishment which
prepares meals especially for elder y persons during speeial hours, and
any other public or nonprofit private. establishment approved for surh
purpose by the Secretary. ,'-'nen an appropriate State or local ag:ency
contracts with a private establishment to offer, at concessional prices,
meals prepared especially for elderly persons during- re6J1l1ar or speeial
hours, the Secretary shall permit eligible. households who are sixty
years of ag-e or over or elderly persons and their spouses to use coupons
issued to them to purchase such meals."
(I) Section a(b) of the Food Stamp Act of 1964 (7 U.S.C. 2012(b))
is amended to read as follows: "The term 'food' means any food or
food product for home consumption except alcoholic beverages and
tobacco and shall also include seeds and plants for use in gardens to
produce food for the personal consumption of the eligible household."
(m) Section 7(a) of the Food Stamp Act of 1964 (7 FS.C.
i016(a)) is amended to read as follows:
"( a) The fuce value of the coupon allotment which State a:rencies
shall be authorized to issue to any households certified as eligible to
participate in the food stamp program shall be in such amount as the
Secretary determines to be the cost of a nutritionally adequate dipt,
adjusted semiannually by the nearest. dollar increment that is a multiple of two to refleet changes in the prices of food published by tl,e
Burean of Labor Statistics in the Departrnent of Labor to be implemented commencing- with the allotments of .Tanuary 1, 1974, incorporating" the changes in the prices of food through August 31. 197:3, but
in no e\"('nt shall sueh adjustments be made for valne of the conpon
allotment for such households~ as calculated above, is a minimum of
$2.00"
(n) The followinp: new section is added at the end of such Act:
"SEC. 17. ~otwithstanding any other provision of this Act, members
of eligihle hous"holds living in the State of Alaska shall be !wnnitt"d
in aC('ordanee with sl1ch ruleB and regulations as the Secretary may
pn~scribe, to purchase hunting and fishing equipment for the pl1r~
pose of proelll'ing food for the household except firearms, amumnition,

87 STAT.]

PUBLIC LAW 93-86-AUG. 10, 1973

and other pxp]osin>_s, with coupons issued under this Act if the Secretary. dpter'lnines that (1) such hOllSpholds are located in an an'a of
the State which malH's it ('Xf,l'PII1Plv Ad of lil(i4 (7 r.s.c. 2012 (f) )
is amended by striking tIl(' s('cOlHl sent(>ncl' and insert.ing in ]jpll thcreof

249

on

the. following new sentence: "It. 5111111 also

IlH'an

78 Stat. 703;
84 Stat. 2048.

a political subdivision

or a pl'i\'ate nonprofit organization or institution that meets the rcquircnll'nts of scdion lO(h) orlll(i) ofthisAd."
(p) Section:J (e) is amended by adding at the pnd then-of the followjug new sen{('JH'e: "'Hrsidents of f\·dprally snbsidized honsing for the
elderly, built ullder pither section 202 of Ow I-Touslng Act of 1959 (12
p.s.C. 170Iq). 01.' section 236 of the National Housing Act (12 U.S.C.
17U)z~1) shall not be considpreG residents of an in:::titntion or hoarding
house for pnrpo:"'cs of clig-ihility for food stamps under this Act."

Anle. pp. 248.
247.
84 Stat. 2048;
86 Stat. 149].
73 Stat. 667:
'<>;3 Stat. 390.
82 Stat. 498;
84 Stat. 1776.

Cmn10DITY DISTHIBFrIOX PHOGRAl\I
SEC. 4. (a) Notwithstanding" any other prodsion of law. the Secretary of Agriculture is hereby authorized until ,July I, lil14 (I) to use
funds anlilable to ('arry out the provisions of s(·ction 32 of Public Law
No. i320, Se\'enty-fourth C'ollgl'e~s, :1S amended (7 U.S.C. 612c), and
not expended or ncederl for such purpose to pun·hase. without regard
to the provisions of existing' law p:overning the- expenditure of public
funds, agric.llltl1ral ('ommodities and their products of the types customarily purchased under section 32 for donation to maintain the
annually programmed level of assistance for schools, domestic relief
distribution, and such otlwr dOllwstic food assistance programs as are
authorized by law, and (2) if stocks of the Commodity Credit Corporation are not available: to use the funds of the Corporation to pur('hase agricultural commodities and the products t.hereof of the types
rustom,wily avaihble under section 416 of the Agricultural Act of
1949 to lTll,·('t, such requirements.
(b) The Secretary is prohibited from furnishing commodities to
summer camps as authorlze,d under section 416 of the Agricultural
Ad of 1949, section S2 of Public Law 74--320. and section 709 of the
Food and Agrieulture Act of liln" if the number of adults participating in the activities of snch camp is in excess of one for each five children under 18 years of age participating in such adivities.
(c) No indhTidual who recein's supplemental security income benefits under title XVI of the Social Seeurity Act shall be eonsidered to
be a member of a household for any purpose of the Food Distribution
Program for families nndE'r spdion 32 of Public Law 74-320, s€'Ction
416 of the Agricultural Act of IH4il. or other law for any month if
sHch person receives for s11ch month. as part. of his supplemental
~~eel1l"ity income bendits 0" paynH'nts described in section 1616(a) of
tIw Social Security Act. (if any), an amount equal to the bonus value
of food stamps (according- to the Food Stamp Schedule effective for
July 1973) in addition to the amount of assistance sueh individual
would be entitlf'd to rrcrive for such month under the provisions of
the plan of til(' Statf' appron-d under title 1. X, XIV, or XVI, as
appropriate, in effed for December 1n73~ assuming such plan were in
{'£feet for such month and sn('h individual were aged, blind, or disabled,
as the case may bp, under the pl'ovi~ions of such St,ate plan or under

49 Stat. 774.

68 Stat. 458;
86 Stat. 1492.
7 USC 1431.

79 Stat. 1212.
7 USC 1446a-1.

86 Stat. 1465.
42 USC 1381.

86 Stat. 1474.
42 use 1382e.

42 USC 301,
1201,1351,1381.

250
86 Stat. 1329.
42 USC 401
note.

PUBLIC LAW 93-87-AUG. 13, 1973

[87 STAT.

Public Law 92-6o:J as amended. The Secretary of Health, Education,
and ,Velfare shall issue regulations for the implementation of the
foregoing sentence after consultation with the Heen·tary of
Agriculture.
SHORT TITLE
SEC. 5. This Act may be cited as the ".Agriculture llnd Consumer
Protection Aet of 1973".
Approved August 10, 1973.