necessary to determine compliance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the requirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program. Where cotton is planted in skiprow patterns, the same rules that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 Chrough 1977 crops.112 (7 U.S.C. 1374(a).)

(b) With respect to cotton, the Secretary, upon such terms and conlitions as he may by regulation prescribe, shall provide, through the County and local committees for the measurement prior to planting of in acreage on the farm equal to the farm acreage allotment if so requested by the farm operator, and any farm on which the acreage lanted to cotton does not exceed such measured acreage shall be leemed to be in compliance with the farm acreage allotment. (7 J.S.C. 1374 (b).)

(c) 112a The Secretary shall by appropriate regulations provide for he remeasurement upon request by the farm operator of the acreage lanted to such commodity on the farm and for the measurement of he acreage planted to such commodity on the farm remaining after ny adjustment of excess acreage hereunder and shall prescribe the onditions under which the farm operator shall be required to pay the ounty committee for the expense of the measurement of adjusted creage or the expense of remeasurement after the initial measureent or the measurement of adjusted acreage. The regulations shall lso provide for the refund of any deposit or payment made for the xpense of the remeasurement of the initially determined acreage or he adjusted acreage when because of an error in the determination of ach acreage the remeasurement brings the acreage within the allotent or permitted acreage or results in a change in acreage in excess f a reasonable variation normal to measurements of acreage of the ommodity. Unless the requirements for measurement of adjusted creage are met by the farm operator, the acreage prior to such adistment as determined by the county committee shall be considered he acreage of the commodity on the farm in determining whether he applicable farm allotment has been exceeded. (7 U.S.C. 1374 (c).)

REGULATIONS

SEC. 375. (a) The Secretary shall provide by regulations for the lentification, wherever necessary, of corn, wheat, cotton, rice, peauts, or tobacco so as to afford aid in discovering and identifying such nounts of the commodities as are subject to and such amounts thereof 3 are not subject to marketing restrictions in effect under this title. 7 U.S.C. 1375 (a).)

(b) The Secretary shall prescribe such regulations as are necessary or the enforcement of this title. (7 U.S.C. 1375(b).)

e

112 The last sentence was added to Sec. 374 (a) by Sec. 1(25) of the Agriculture and nsumer Protection Act of 1973, P.L. 93-86, 87 Stat. 236, Aug. 10, 1973.

112a Sec. 374 (c) was amended by P.L. 89-321, 79 Stat. 1210, Nov. 3, 1965, to delete first sentence from said section.

COURT JURISDICTION

SEC. 376. The several district courts of the United States are hereby vested with jurisdiction specifically to enforce the provisions of this title. If and when the Secretary shall so request, it shall be the duty of the several United States attorneys in their respective districts. under the direction of Attorney General, to institute proceedings to collect the penalties provided in this title. The remedies and penalties provided for herein shall be in addition to, and not exclusive of, any of the remedies or penalties under existing law. This section also shall be applicable to liquidated damages provided for pursuant to section 349 of this title. (7 U.S.C. 1376.)

PRESERVATION OF UNUSED ACREAGE ALLOTMENTS

SEC. 377.113 In any case in which, during any year beginning with 1956, the acreage planted to a commodity on any farm is less than the acreage allotment for such farm, the entire acreage allotment for such farm (excluding any allotment released from the farm or reappor tioned to the farm and any allotment provided for the farm pursuant to subsection (f) (7) (A) of section 344) shall, except as provided herein, be considered for the purpose of establishing future State. county and farm acreage allotments to have been planted to such commodity in such year on such farm, but the 1956 acreage allotment of any commodity shall be regarded as planted under this section only if the owner or operator on such farm notified the county committee prior to the sixtieth day preceding the beginning of the mar keting year for such commodity of his desire to preserve such allotment: Provided, That beginning with the 1960 crop, except for federally owned land, the current farm acreage allotment established for a commodity shall not be preserved as history acreage pursuant to the provisions of this section unless for the current year or either of the two preceding years an acreage equal to 75 per centum or more of the farm acreage allotment for such year or, in the case of upland cotton on a farm which qualified for price support on the crop pro duced in any such year under section 103 (b) of the Agricultural Act of 1949, as amended, 75 per centum of the farm domestic allotment established under section 350 for any such year, whichever is smaller was actually planted or devoted to the commodity on the farm (o was regarded as planted under provisions of the Soil Bank Act or the Great Plains program): Provided further, That this section shall not be applicable in any case, within the period 1956 to 1959, in which the amount of the commodity required to be stored to postpone of avoid payment of penalty has been reduced because the allotmen was not fully planted. Acreage history credits for released or reap portioned acreage shall be governed by the applicable provisions this title pertaining to the release and reapportionment of acreag allotments. (7 U.S.C. 1377.)

113 Sec. 377 was made inapplicable to the 1971-3 crops of upland cotton by Sec. 60 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1371, Nov. 30, 1970, and th 1974-7 crops by Sec. 1(19) of the Agriculture and Consumer Protection Act of 197 P.L. 93-86, 87 Stat. 233, August 10, 1973, and to the 1976 and 1977 crops of rice Sec. 301 of the Rice Production Act of 1975, P.L. 94-214, 90 Stat. 187 Feb. 16, 1976.

uninsured, or if any of the terms of the loan agreement are violated, or if carrying charges are substantially in excess of the average of carrying charges available elsewhere, and the local warehouse, after notice, declines to reduce such charges, such written consent as provided in this amendment need not be obtained; and consent to movement under any of the conditions of this proviso may be required in future loan agreements. (7 U.S.C. 1383a.)]

SEC. 384.146***

REPORT OF BENEFITS

FINALITY OF FARMERS PAYMENTS AND LOANS

SEC. 385. The facts constituting the basis for any Soil Conservation Act payment, parity payment, payments (including certificates) unler the wheat and feed grain set-aside programs, payments under he cotton set-aside program,147 payments under the rice program uthorized by Sec. 101 (g) of the Agricultural Act of 1949,147a paynent under section 339, loan, or price support operation, or the mount thereof, when officially determined in conformity with the pplicable regulations prescribed by the Secretary or by the Comnodity Credit Corporation, shall be final and conclusive and shall ot be reviewable by any other officer or agency of the Government. n case any person who is entitled to any such payment dies, becomes ncompetent, or disappears before receiving such payment, or is suceeded by another who renders or completes the required performnce, the payment shall, without regard to any other provisions of aw, be made as the Secretary of Agriculture may determine to be air and reasonable in all the circumstances and provide by regulaions. This section also shall be applicable to payments provided for nder section 348 of this title. (7 U.S.C. 1385.)

SEC. 386. The provisions of section 3741 of the Revised Statutes U.S.C., 1934 edition, title 41, sec. 22) and sections 114 and 115 or he Criminal Code of the United States (U.S.C., 1934 edition, title 8, secs. 204 and 205) [now 18 U.S.C. 431 and 432] shall not be pplicable to loans or payments made under this Act (except under ection 383 (a)). (7 U.S.C. 1386.)

147 The words beginning with "payments (including certificates)" and ending with 146 Repealed by P.L. 615, 79th Cong., 60 Stat 866, Aug. 7, 1946.

cotton set-aside program" in the first sentence of Sec. 385 above were added by section 04 and 605 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1366, 1378, Nov. 30, 970 effective only with respect to the 1971, 1972, and 1973 crops. Sections 1(11) and (22) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 235, ug. 10, 1973 extended the effective period of this amendment through the 1977 crop. 147a The words beginning with "payments under the rice program' and ending with Agricultural Act of 1949" were added by Sec. 302 of the Rice Production Act of 1975, .L. 94-214, 90 Stat. 187, Feb. 16, 1976, effective only as to the 1976 and 1977 crops f rice.

PHOTOGRAPHIC REPRODUCTIONS AND MAPS

SEC. 387. The Secretary may furnish reproductions of such aerial or other photographs, mosaics, and maps as have been obtained in connection with the authorized work of the Department to farmers and governmental agencies at the estimated cost of furnishing such reproductions, and to persons other than farmers at such prices (not less than estimated cost of furnishing such reproductions) as the Secretary may determine, the money received from such sales to be deposited in the Treasury to the credit of the appropriation charged with the cost of making such reproductions. This section shall not affect the power of the Secretary to make other disposition of such or similar materials under any other provisions of existing law. (7 U.S.C. 1387.)

UTILIZATION OF LOCAL AGENCIES

SEC. 388. (a) The provisions of section 8(b) and section 11 of the Soil Conservation and Domestic Allotment Act, as amended, 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 Act; and the Secretary shall, for such purposes, utilize the same local, county, and State committees as are utilized under sections 7 to 17, inclusive, of the Soil Conservation and Domestic Allotment Act, as amended. The local administrative areas designated under section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for the administration of programs under that Act, and the local administrative areas designated for the administration of this Act shall be the same. (7 U.S.C. 1388 (a).)

(b) The Secretary is authorized and directed, from any funds made available for the purposes of the Acts 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 such Acts. All or part of such estimated administrative expenses of any such committee may be deducted pro rata from the Soil Conservation Act payments, parity payments, or loans, or other payments under such Acts, 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. (7 U.S.C. 1388 (b).)

PERSONNEL

SEC. 389. The Secretary is authorized and directed to provide for the execution by the Agricultural Adjustment Administration of such of the powers conferred upon him by this Act as he deems may be appro priately exercised by such administration; and for such purposes the provisions of law applicable to appointment and compensation of per sons employed by the Agricultural Adjustment Administration 145 shall apply. (7 U.S.C. 1389.)

148 The functions of the Agricultural Adjustment Administration were transferred to the Secretary of Agriculture by 1946 Reorganization Plan No. 3 (60 Stat. 1100, 11 F.R. 7877) and delegated by him to the Commodity Stabilization Service (19 F.R. 77). The title of the Commodity Stabilization Service was changed to Agricultural Stabilization and Conservation Service (Reorganization Plan 2 of 1953 (26 F.R. 8404)).