7 U.S.C. § 1388

Utilization of local agencies

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(a) Designation of local agencies and local administrative areas

The provisions of sections 590h(b) and 590k of title 16, relating to the utilization of State, county, local committees, the extension service, and other approved agencies, and to recognition and encouragement of cooperative associations, shall apply in the administration of this chapter; and the Secretary shall, for such purposes, utilize the same local, county, and State committees as are utilized under sections 590g, 590h, 590i, and 590j to 590q of title 16. The local administrative areas designated under section 590h(b) of title 16, for the administration of programs under chapter 3B of title 16, and the local administrative areas designated for the administration of this chapter shall be the same.

(b) Payments to county committees for administrative expenses(1) The Secretary is authorized and directed, from any funds made available for the purposes of this chapter and chapter 3B of title 16 in connection with which county committees are utilized, to make payments to county committees of farmers to cover the estimated administrative expenses incurred or to be incurred by them in cooperating in carrying out the provisions of this chapter and chapter 3B of title 16. All or part of such estimated administrative expenses of any such committee may be deducted pro rata from chapter 3B of title 16 payments, parity payments, or loans, or other payments under this chapter and chapter 3B of title 16, made unless payment of such expenses is otherwise provided by law. The Secretary may make such payments to such committees in advance of determination of performance by farmers.(2)(A) The Secretary shall provide compensation to members of such county committees (at not less than the level in effect on December 31, 1985 for county committees) for work actually performed by such persons in cooperating in carrying out this chapter and chapter 3B of title 16 in connection with which such committees are used.(B) The rate of compensation received by such persons for such work on December 23, 1985, shall be increased at the discretion of the Secretary.(c) Travel expenses(1) The Secretary shall make payments to members of local, county, and State committees to cover expenses for travel incurred by such persons (including, in the case of a member of a local or county committee, travel between the home of such member and the local county office of the Agricultural Stabilization and Conservation Service) in cooperating in carrying out this chapter and chapter 3B of title 16 in connection with which such Committees 11 So in original. Probably should not be capitalized. are used.(2) Such travel expenses shall be paid in the manner authorized under section 5703 of title 5 for the payment of expenses and allowances for individuals employed intermittently in the Federal Government service.(Feb. 16, 1938, ch. 30, title III, § 388, 52 Stat. 68; Pub. L. 99–198, title XVII, § 1713(a), (b), Dec. 23, 1985, 99 Stat. 1636, 1637.)Editorial NotesReferences in Text

Chapter 3B [§ 590a et seq.] of title 16, referred to in text, was in the original a reference to the Soil Conservation and Domestic Allotment Act.

Amendments

1985—Subsecs. (b), (c). Pub. L. 99–198 designated existing provisions of subsec. (b) as par. (1), added par. (2), and added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1985 Amendment

Pub. L. 99–198, title XVII, § 1713(c), Dec. 23, 1985, 99 Stat. 1637, provided that: “The amendments made by this section [amending this section] shall become effective on January 1, 1986.”

Notes of Decisions
Cited in 5 cases, 1956–1968 · leading case: Morrow v. Clayton, 326 F.2d 36 (10th Cir. 1963).
Morrow v. Clayton, 326 F.2d 36 (10th Cir. 1963). · cites it 4× “It also provides in 7 U.S.C.A. § 1388 that the Secretary, in the administration of its provisions, shall utilize the same local, county and state committees as are utilized under the Soil Conservation and Domestic Allotment Act, 16 U.”
J. T. Fulford v. Jesse v. B. Forman, Elmer G. Gardner & Murphey W. Luna, 245 F.2d 145 (5th Cir. 1957). “A State Committee is composed of from three to five farmers appointed by the Secretary, 7 U.S.C.A. § 1388 , 16 U.S.C.A. § 590h(b).”
Garvey v. Freeman, 397 F.2d 600 (10th Cir. 1968). · cites it 2× “2 7 U.S.C. § 1388 , 16 U.S. C. § 590h(b), and the implementing regulations necessarily required the County Committee to determine normal yields either by actual yield or appraisals.”
M. D. Morgan v. United States, 301 F.2d 272 (9th Cir. 1962). “See 7 U.S.C.A. § 1388 . 4 . See 7 U.S.C.A. § 1344 .”
Fulford v. Forman, 144 F. Supp. 536 (S.D. Tex. 1956). “* * * The Secretary shall make such regulations as are necessary relating to the selection and exercise of the functions of the respective committees, and to the administration, through such committees, of such programs.”
— 7 U.S.C. § 1388(a) — 1 case
Morrow v. Clayton, 326 F.2d 36 (10th Cir. 1963). “It also provides in 7 U.S.C.A. § 1388 that the Secretary, in the administration of its provisions, shall utilize the same local, county and state committees as are utilized under the Soil Conservation and Domestic Allotment Act, 16 U.”
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