of wildlife organizations, farm organizations, State game and fish agencies, and representatives of the general public. Members of such Advisory Board who are not regular full-time employees of the United States shall not be entitled to any compensation or expenses.

(q) The Secretary shall prescribe such regulations as he determines necessary to carry out the provisions of this title. (7 U.S.C. 1838.)

SUBPART C. LAND STABILIZATION, CONSERVATION, AND EROSION CONTROL

APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965

SEC. 203.1 (a) In order to provide for the control and prevention of erosion and sediment damages in the Appalachian region and to promote the conservation and development of the soil and water resources of the region, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners, operators, and occupiers, individually or collectively, in the Appalachian region determined by him to have control for the period of the agreement of the lands described therein, providing for land stabilization, erosion and sediment control, and reclamation through changes in land use, and conservation treatment including the establishment of practices and measures for the conservation and development of soil, water, woodland, wildlife, and recreation resources.

(b) The landowner, operator, or occupier shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the appropriate and safe land uses and conservation treatment mutually agreed by the Secretary and the landowner operator, or occupier to be needed on the lands for which the plan was prepared.

(c) Such plan shall be incorporated in an agreement under which the landowner, operator, or occupier shall agree with the Secretary of Agriculture to carry out the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof.

(d) In return for such agreement by the landowner, operator, or Occupier the Secretary of Agriculture shall be authorized to furnish financial and other assistance to such landowner, operator, or occupier in such amounts and subject to such conditions as the Secretary determines are appropriate and in the public interest for the carrying out of the land uses and conservation treatment set forth in the agreement: Provided, That grants hereunder shall not exceed 80 per centum of the cost of carrying out such land uses and conservation treatment on fifty acres of land occupied by such owner, operator, or occupier.

(e) The Secretary of Agriculture may terminate any agreement with a landowner, operator, or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein.

1 Pub. L. 89-4, 79 Stat. 12, approved March 9, 1965. For the full text of the Appalachian Regional Development Act of 1965, as amended by Pub. L. 90-103, 81 Stat. 257, including provisions for the administration of section 203, see 40 U.S.C. App. 1-405. The Act is effective until July 1, 1971.

(f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments.

(g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section.

(h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation Service, and the State and local committees provided for in section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.Č. 590 (b)), and is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out the provisions of this subsection unless funds specifically appropriated for such purpose have been transferred to it.

(i) 2 Not to exceed $19,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section.

2 Subsection (1) amended by section 108, Public Law 90-103, 81 Stat. 260, approved October 11, 1967.

AGRICULTURAL ADJUSTMENT ACT OF 1938, AS AMENDED

EXPLANATORY NOTE

As enacted on February 16, 1938, this statute contained amendments which strengthened and broadened the Soil Conservation and Domestic Allotment Act, provided for assistance in the marketing of agricultural commodities for domestic consumption and export, provided for price support loans on wheat, corn, cotton and other agricultural commodities, authorized parity payments for corn, wheat, tobacco, cotton and rice, when funds were appropriated therefor, provided for farm marketing quotas for tobacco, corn, wheat, cotton and rice, and established the Federal Crop Insurance Corporation. The Act has been amended many times since its enactment. În 1941, marketing quota and price support provisions for peanuts were added to the act and the marketing quota provisions for corn and wheat were changed in several important respects. In 1949, substantial changes were made in the marketing quota provisions for cotton and rice, and the price support provisions were repealed with the enactment of the Agricultural Act of 1949. The Agricultural Act of 1954 repealed the authority for marketing quotas for corn, but authority for corn acreage allotments was retained. Acreage allotments and a commercial corn-producing area were not established for the 1959 and subsequent crops of corn since a majority of the corn producers voting in the referendum held on November 25, 1958, favored a price support program without acreage allotments, as provided in section 104(b) of the Agricultural Act of 1949, as added by the Agricultural Act of 1958.

In 1961, Pub. L. 87-128, 75 Stat. 294, approved August 8, 1961, made numerous changes in the wheat provisions of the Act. Pub. L. 87-703, 76 Stat. 605, approved September 27, 1962 made further amendments in the wheat provisions of the Act effective with the 1964 and subsequent crops of wheat. A land use and a wheat marketing allocation program were also enacted by this law. Pub. L. 88-297, 78 Stat. 178, approved April 14, 1964, provided that a national marketing quota would not be in effect for the 1965 crop of wheat.

In 1965, the Congress extended through the 1969 crop of wheat, the wheat marketing allocation program and the land use program without marketing quotas. (Pub. L. 89-321, 79 Stat. 1187, approved November 3, 1965.) The final year of the period was extended from 1969 to 1970 by Pub. L. 90-559, 82 Stat. 996, approved October 11, 1968.

The constitutional validity of the marketing quota provisions has been upheld as to tobacco in the case Mulford v. Smith (307 U.S. 38), as to cotton in the case Troppy v. LaSara Farmers Gin Co. (113 F.2d 350), as to wheat in the case Wickard v. Filburn (317 U.S. 111), and as to rice in the case of Weir v. United States (310 F. 2d 149).

PART II

AGRICULTURAL ADJUSTMENT ACT OF 1938,1

AS AMENDED

AN ACT

To provide for the conservation of national soil resources and to provide an adequate and balanced flow of agricultural commodities in interstate and foreign commerce and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Agricultural Adjustment Act of 1938." (7 U.S.C. 1281.)

DECLARATION OF POLICY

SEC. 2. It is hereby declared to be the policy of Congress to continue the Soil Conservation and Domestic Allotment Act, as amended, for the purpose of conserving national resources, preventing the wasteful use of soil fertility, and of preserving, maintaining, and rebuilding the farm and ranch land resources in the national public interest; to accomplish these purposes through the encouragement of soil-building and soil-conserving crops and practices; to assist in the marketing of agricultural commodities for domestic consumption and for export; and to regulate interstate and foreign commerce in cotton, wheat, corn, tobacco, and rice to the extent necessary to provide an orderly, adequate, and balanced flow of such commodities in interstate and foreign commerce through storage of reserve supplies, loans, marketing quotas, assisting farmers to obtain, insofar as practicable, parity prices for such commodities and parity of income, and assisting consumers to obtain an adequate and steady supply of such commodities at fair prices. (7 U.S.C. 1282.)

TITLE I—AMENDMENTS TO SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT

This title contains amendments to the Soil Conservation and Domestic Allotment Act, as amended. Insofar as now applicable, these amendments are incorporated in Part I of this compilation.

TITLE II-ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND DISPOSITION OF SURPLUSES

ADJUSTMENTS IN FREIGHT RATES FOR FARM PRODUCTS

SEC. 201. (a) The Secretary of Agriculture is authorized to make complaint to the Interstate Commerce Commission with respect to

1 Pub. L. 430, 75th Cong., 52 Stat. 31, approved February 16, 1938.