amended; 7 U.S.C. 1427 note), or section 1105 of the Food and Agriculture Act of 1977; or (2) use in connection with a state of civil defense emergency as proclaimed by the President or by concurrent resolution of the Congress in accordance with the provisions of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).

(e) The Secretary may sell at an equivalent price, allowing for the customary location and grade price differentials, substantially equivalent quantities in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate such reserve. (f) The Secretary may use the Commodity Credit Corporation to the extent feasible to fulfill the purposes of this section; and to the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section shall utilize the usual and customary channels, facilities, and arrangement of trade and commerce.

(g) The Secretary may issue such rules and regulations as may be necessary to carry out the provisions of this section.

(h) There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (7 U.S.C. 1427a.)

FOOD AND AGRICULTURE ACT OF 1977

EMERGENCY FEED PROGRAM

SEC. 1105.12 (a) Notwithstanding any other provision of law, the Secretary of Agriculture may implement an emergency feed program for assistance in the preservation and maintenance of livestock in any area of the United States, including Puerto Rico, Guam, and the Virgin Islands of the United States, where, because of flood, drought. fire, hurricane, earthquake, storm, or other natural disaster, the Secretary determines that an emergency exists.

(b) The Secretary shall not provide assistance under this section to any person unless all of the following conditions created by the emergency are present:

(1) The person has suffered a substantial loss in the livestock feed normally produced on the farm for such person's livestock: (2) The person does not have sufficient feed for such person's livestock for the estimated period of the emergency; and

(3) The person is required to make feed purchases during the period of the emergency in quantities larger than such person would normally make.

(c) Persons eligible for assistance under the program formulated under this section may be reimbursed for not to exceed 50 per centum of the cost of the feed purchased by such eligible persons during the period of emergency, as announced by the Secretary of Agriculture. or at such lower rate as may be established by the Secretary.

(d) Any person who disposes of any feed for which such person is reimbursed under this section, in any manner other than as authorized

12d P.L. 95-113, 91 Stat. 955, Sept. 29. 1977.

by the Secretary, shall be subject to a penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose. In addition, such person shall be subject to a fine of not more than $10,000, or imprisonment for not more than one year, or both.

(e) The Secretary is authorized to issue such regulations as the Secretary determines necessary to carry out the provisions of this section.

(f) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.

(g) Notwithstanding any other provision of law, the Secretary shall not delegate the authority to administer the emergency feed program to any other department, agency, or entity, public or private. (7 U.S.C. 2267.)

PUBLIC LAW 85-58 13

AN ACT

Making supplemental appropriations for the fiscal year ending June 30, 1957, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Third Supplemental Appropriation Act, 1957") for the fiscal year ending June 30, 1957, and for other purposes, namely:

CHAPTER I

DEPARTMENT OF AGRICULTURE

AGRICULTURAL CONSERVATION PROGRAM SERVICE EMERGENCY
CONSERVATION MEASURES

For an additional amount to enable the Secretary to make payments to farmers who carry out emergency measures to control wind erosion on farmlands or to rehabilitate farmlands damaged by wind erosion, floods, hurricanes, or other natural disasters when, as a result of the foregoing, new conservation problems have been created. which, (1) if not treated, will impair or endanger the land, (2) materially affect the productive capacity of the land, (3) represent damage which is unusual in character and, except for wind erosion, is not the type which would recur frequently in the same area, and (4) will be so costly to rehabilitate that Federal assistance is or will be required to return the land to productive agricultural use, and for reimbursement to the appropriation to the President for "Disaster relief", for allocations to the Secretary of Agriculture for such pur

18 P.L. 85-58, 71 Stat. 176, June 21, 1957.

poses, $4,000,000,14 to remain available through June 30, 1958 11: Provided, That this appropriation may be expended without regard to the adjustments required under section 8(e) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590h), and may be distributed among States and individual farmers without regard to to other provisions of law.

INDEMNIFICATION FOR BEEKEEPERS

SEC. 804. (a) The Secretary of Agriculture is authorized to make indemnity payments to beekeepers who through no fault of their own have suffered losses of honey bees after January 1, 1967, as a result of utilization of economic poisons near or adjacent to the property on which the beehives of such beekeepers were located.

(b) The amount of the indemnity payment in the case of any beekeeper shall be determined on the basis of the net loss sustained by such beekeeper as a result of the loss of his honey bees.

(c) Indemnity payments shall be made only in cases in which the loss occurred as a result of the use of economic poisons which had been registered and approved for use by the Federal Government. (d) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

(e) The Secretary is authorized to issue such regulations as he deems necessary to carry out the purposes of this section.

(f) The provisions of this section shall not be in effect after September 30, 1981.16 (7 U.S.C. 135b note.)

17 AN ACT"

To provide indemnity payments to dairy farmers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That

SECTION 1.18 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 Janu

14 Additional funds have been made available from time to time, most recently by the Agriculture and Related Agencies Appropriation Act, Fiscal Year 1978, P.L. 95-97, 91 Stat. 825, Aug. 12, 1977, which provided as follows:

"For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriattions Act, 1957, $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation

measures.

15 P.L. 91-524, 84 Stat. 1382, Nov. 30, 1970.

16 "1977" substituted for "1973" by Sec. 1(27) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 237, Aug. 10, 1973. "September 30, 1981" substituted for "December 31. 1977" by Sec. 207 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 921, Sept. 29, 1977.

17P.L. 90-484, 82 Stat. 750, Aug. 13, 1968. Indemnity payments were originally authorized by the Economic Opportunity Act of 1964, P.L. 88-452, 78 Stat. 508, Aug. 20, 1964, and such authority was extended from time to time.

18 The provisions of Sec. 1 were substituted for the previous provisions by section 1(5) of the Agriculture and Consumer Protection Act of 1973, 93 P.L. 93-86, 87 Stat. 223, Aug. 10, 1973. Sec. 1 previously amended by Sec. 204 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1358, Nov. 30, 1970.

ary 1, 1964 (but only since the date of enactment of the Agriculture and Consumer Protection Act of 1973 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 fair market value to manufacturers of dairy products who have been directed 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. The Secretary is also authorized to make indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commerical markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of this section if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer: Provided, That no indemnity payment may be made for contamination resulting from such residues of chemicals or toxic substances if the Secretary determines within thirty days after the date of application for payment that other legal recourse is available to the farmer.19 Any indemnity payment to any farmer shall continue until he has been reinstated and is again allowed to dispose of his milk on commercial markets. (7 U.S.C. 450j)

SEC. 2. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. (7 U.S.C. 450k.)

SEC. 3. The authority granted under this Act shall expire on September 30, 1981.20 (7 U.S.C. 4501.)

AN ACT 21

Making appropriations for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1978, and for other purposes; namely:

19 This sentence added by Sec. 205 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 920. Sept. 29, 1977.

20 "1973" substituted for "1970" by Sec. 204 of the Agricultural Act of 1970, P.L 91-524, 84 Stat. 1358, Nov. 30, 1970. "1977" substituted for "1973" by Section 1(5) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 223, Aug. 10, 1973. "September 30, 1981" substituted for "June 30, 1977" by Sec. 205 of the Food and Agriculture Act of 1977. P.L. 95–113, 91 Stat. 920, Sept. 29, 1977. 21 P.L. 95-97, 91 Stat. 810, Aug. 12, 1977.