U.S. Code » Title 7 » Chapter CHAPTER 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER I— ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND DISPOSITION OF SURPLUSES

7 U.S.C. § 1291

Adjustments in freight rates

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(a) Complaints by Secretary of Agriculture; notice of hearings

The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.

(b) Secretary as party to proceedings

If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board’s determination. The liability of the Secretary in any such case shall extend only to liability for court costs.

(c) Utilization of records, services, etc., of Department of Agriculture

For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.

(d) Cooperation with complaining farm associations

The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

(Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, Dec. 29, 1995, 109 Stat. 948.)Editorial NotesAmendments

1995—Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” in subsecs. (a), (c), and (d), “Board” for “Commission” wherever appearing in subsecs. (a) and (b), and “Board’s” for “Commission’s” in subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Notes of Decisions
Cited in 7 cases, 1945–1977 · leading case: Sec'y of Agric. v. United States, 350 U.S. 162 (1956).
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Sec'y of Agric. v. United States, 350 U.S. 162 (1956). · cites it 2× “36 , 7 U. S. C. § 1291 (a) and (b). [2] Utah Poultry & Farmers Cooperative v.”
United States Alkali Exp. Ass'n v. United States, 325 U.S. 196 (1945). “388 , 7 U. S. C. §1291 , 292, authorized collective marketing by members of agricultural cooperatives but empowered the Secretary of Agriculture to issue cease and desist orders, upon investigation and findings that any such cooperative associations monopolized or restrained…”
Sec'y of Agric. v. United States, 347 U.S. 645 (1954). “1 Under 7 U. S. C. § 1291 , the Secretary of Agriculture is authorized to make complaint to the Commission as well as to intervene before the Commission and resort to original and appellate judicial remedies in cases affecting the transportation of farm products.”
Sec'y of Agric. of the United States v. Interstate Com. Comm'n & United States of Am., W. Railroads, Intervenors, 551 F.2d 1329 (D.C. Cir. 1977). “The Commission is authorized to investigate complaints that are not voluntarily satisfied.”
Oklahoma v. United States, 193 F. Supp. 261 (W.D. Okla. 1960). “§§ 1336, 1337, 1398, 2284, 2321-2325; 7 U.S.C.A. §§ 1291 , 1622. The challenged order and report were entered in State Corporation Commission of Kansas v.”
Benson v. United States, 281 F.2d 34 (D.C. Cir. 1960). “36 , 7 U.S.C.A. § 1291 ; Administrative Procedure Act, 5 U.”
Consol. Truck Serv., Inc. v. United States, 144 F. Supp. 814 (D.N.J. 1956). “Objection has been made to the intervention of the Secretary of Agriculture, as a party plaintiff, and also to the fact that the United States, a statutory defendant, strongly supports Consolidated’s position.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.