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producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are transferred to and vested in the Secretary of Agriculture.
(b) Appropriations and unexpended balances of appropriations, or parts thereof, which the Director of the Budget determines to be available for expenditure for the administration of any function transferred by this section and section 433 of this title, shall be available for expenditure for the continued administration of such function by the officer to whom such function is so transferred.
(c) All records and property (including office furniture and equipment) under the jurisdiction of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior used primarily in connection with the administration of functions transferred by said sections are transferred to the jurisdiction of the Secretary of Agriculture. (Apr. 30, 1946, ch. 242, § 2, 60 Stat. 127.) Effective date, see note set out under section 433 of this title.
Chapter 19.—COTTON STATISTICS AND ESTIMATES $ 475. Cotton crop reports.- The Secretary of Agriculture shall discontinue making his reports based upon farmers' intention to plant cotton and shall cause to be issued after August 8, 1946, only five reports, one as of August 1, one as of September 1, one as of October 1, one as of November 1, and one as of December 1, each of which shall state the condition and progress of the crop and the probable number of bales which will be ginned, these reports to be issued simultaneously with the cotton-ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at 11 o'clock antemeridian of the eighth day following that to which the respective reports relate. When such date of release falls on Sunday, a legal holiday, or other day which pursuant to statute or Executive order is a nonworkday in the Department of Agriculture at Washington generally, the report shall be issued at 11 o'clock antemeridian of the next succeeding workday. No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cotton-crop reporting committee or board consisting of five members or more to be designated by him, not less than three of which shall be supervisory field statisticians of the Department of Agriculture located in different sections of the cotton-growing States, experienced in estimating cotton production and who shall have first hand kowledge of the condition of the cotton crop
based upon recent field observations, and the majority of which committee or board shall be familiar with the methods and practices of producing cotton. (As amended Aug. 8, 1946, ch. 909, 60 Stat. 940.)
Act Aug. 8, 1946, cited to text, amended section to provide for the issuing of releases on the next succeeding workday following any day which pursuant to an Executive order or statute is a nonworkday in addition to the same provisions relating to Sundays and legal holidays.
Chapter 23—FOREIGN AGRICULTURAL SERVICE $8 541-545. Repealed. Aug. 13, 1946, ch.957, Title XI, § 1131 (56), 60 Stat. 1039.
Effective date. Repeal of sections made effective three months following Aug. 13, 1946, by section 1141 of act Aug. 13, 1946, ch. 957, title XI, 60 Stat. 1040.
Transfer of functions.-Functions of Foreign Agriculture Service had been transferred and consolidated with the State Department Foreign Service by 1939 Reorg. Plan No. II, § 1 (a-c), set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees. Chapter 26.—AGRICULTURAL ADJUSTMENT ACT
EXECUTIVE ORDER NO. 9705
Mar. 15, 1946, 11 F. R. 2811 § 608c. DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITY TO ECONOMIC STABILIZATION
DIRECTOR 1. The Economic Stabilization Director is authorized to give final approval on behalf of the President to orders issued by the Secretary of Agriculture under section 8c of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. A. 6080), and to perform all of the functions and exercise all of the authority vested in the President by the said section.
2. All actions heretofore taken by the Economic Stabilization Director or by the Stabilization Administrator in the Office of War Mobilization and Reconversion approving orders issued by the Secretary of Agriculture under the said section 8c of the Agricultural Marketing Agreement Act of 1937, as amended, are hereby ratified and confirmed.
$ 608c-1. Repealed. June 29. 1945, ch. 196, 59 Stat. 263.-Section, as amended by act Feb. 10, 1942, ch. 52, § 1, 56 Stat. 85, related to orders applicable to hops.
$ 610. Powers of Secretary of Agriculture generally
Subsection has been reprinted to conform with change in U. S. Code.
Provisions of this section ceased to apply to sugar on Sept. 1, 1937. See sertion 1180 of this title.
Appropriations for refunds and payments of processing and related taxes and limitations thereon.-Acts June 25, 1938, ch. 681, 52 Stat. 1150 ; May 6, 1939, ch. 115, § 1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, § 1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61 ; May 31, 1941, ch. 156, title I, § 1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, § 1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257 ; Apr. 22, 1944, ch. 175, title I, § 1, 58 Stat. 201 ; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574.
Transfer of functions.—1946 Reorg. Plan No. 3, § 501, eff. July 16, 1945, 11 F. R. 7877, 60 Stat. 1100, set out in note under section 133y-16 of title 5, transferred the functions of the Agricultural Adjustment Administration to the Secretary of Agriculture. In his letter to Congress, the President stated that the purpose of this transfer was to permit the Secretary of Agriculture to continue the consolidation already effected in the Production and Marketing Administration. By temporary Executive Orders 9069, 9280, 9322, 9334, and 9577, set out in notes under section 601 of Appendix to Title 50, the Agricultural Adjustment Administration had been successively consolidated into the Agricultural Conservation and Adjustment Administration, the Food Production Administration and the War Food Administration, which was terminated and its functions transferred to the Secretary of Agriculture by said Ex. Ord. 9577. The Secretary of Agriculture consolidated the functions of the Agricultural Adjustment Administration into the Production and Marketing Administration by Memorandum 1118, Aug. 18, 1945.
Agricultural Adjustment Administration consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.
8 612a. Additional appropriation authorized; use in connection with dairy and beef products
Transfer of functions.—The name of the Federal Surplus Relief Corporation was changed to Federal Surplus Commodities Corporation by amendment of its
charter in 1935. It was consolidated with the Division of Marketing and Market. ing Agreements of the Agricultural Adjustment Administration to form the Surplus Marketing Administration by 1940 Reorg. Plan No. III, § 5, 5 F. R. 2108, 54 Stat. 1232, set out as note under section 133t of title 5. By Executive orders under the First War Powers Act, 50 U. S. C. A. App. 8 601, the Surplus Marketing Administration was merged into the Agricultural Marketing Administration, which was consolidated into the Food Distribution Administration, which was consolidated into the War Food Administration, which was terminated and its functions transferred to the Secretary of Agriculture. By Memorandum 1118, Secretary of Agriculture, Aug. 18, 1945, the functions of the Federal Surplus Commodities Corporation were transferred to the Production and Marketing Administration. 1946 Reorg. Plan No. 3, cited to text, transferred the functions of the Surplus Marketing Administration to the Secretary of Agriculture. In his letter to Congress, the President stated that the purpose of this transfer was to permit the Secretary of Agriculture to continue the consolidation already effected in the Production and Marketing Administration.
Chapter 33.-FARM TENANCY
SUBCHAPTER I. TENANT PURCHASE LOANS AND MORTGAGE INSURANCE
Act Aug. 14, 1946, ch. 964, § 5, 60 Stat. 1072, amended subchapter heading to read as now set out.
$ 1001. Power of Secretary; persons eligible; preferences; conditions for loan on mortgage.-(a) The Secretary of Agriculture (referred to in this chapter as the “Secretary') is authorized to make loans and to insure mortgages in the United States and in the Territories of Alaska and Hawaii and in Puerto Rico to persons eligible to receive the benefits of sections 1001-1005d of this title to enable such persons to acquire, repair or improve family-size farms, or to refinance indebtedness against undersized or underimproved units when loans are being made or insured by the Secretary to enlarge or improve such units. Loans may also be made to assist borrowers under said sections in making the improvements needed to adjust their farming operations to changing conditions.
(b) (1) Except with respect to veterans qualified under subsection (b) (2) of this section, only farm tenants, farm laborers, sharecroppers, and other individuals (including owners of inadequate or underimproved farm units) who obtain, or who recently obtained, the major portion of their income from farming operations, shall be eligible to receive the benefits of sections 1001-1005d of this title. In making available the benefits of said sections, the Secretary shall give preference to persons who are married, or who have dependent families, and, wherever practicable, to persons who are able to make an initial down payment, or who are owners of livestock and farm implements necessary successfully to carry on farming operations. No person shall be eligible who is not a citizen of the United States.
(2) Any veteran (defined herein as a person who served in the land or naval forces of the United States during any war between the United States and any other nation, and who shall have been discharged or released therefrom under conditions other than dishonorable) who intends to engage in farming as a principal occupation, and who meets the requirements of rules and regulations prescribed by the Secretary as to industry, experience, character, and other assurances of success as farmers, shall be eligible for the benefits of sections 1001–1005d of this title and their applications shall be entitled to preference over those of nonveterans.
(c) No loan shall be made, or mortgage insured, for the acquisition, improvement, or enlargement of any farm unless it is of such size and type as the Secretary determines to be sufficient to constitute an efficient family-type farm-management unit and to enable a diligent farm family to carry on successful farming of a type which the Secretary deems can be carried on successfully in the locality in which the farm is situated : Provided, That loans may be made to veterans, or mortgages insured for veterans, as defined in subsection (b) (2) of this section, who have pensionable disabilities, to enable such veterans to acquire, enlarge, repair, or improve farm units of sufficient size to meet the farming capabilities of such veterans and afford them income which, together with their pensions, will enable them to meet living and operating expenses and the amounts due on their loans. (AS amended Aug. 14, 1946, ch. 964, $ 5,60 Stat. 1062.)
Act. Aug. 14, 1916, cited to text, amended section to authorize Secretary to insure mortgages and to exempt veterans from eligibility requirements as to loans.
Short title.-Congress in enacting this chapter, section 82h of title 31 and amendments to section 371 of title 12 and section 35-535 of the District of Columbia Code, provided by section 1 of act Aug. 14, 1946, cited to text, that they should be popularly known as the "Farmers' Home Administration Act of 1946".
Transfer and disposition of certain agencies and their assets, functions, and personnel.-Section 2 of act Aug. 14, 1946, cited to text, provided that:
"(a) The following agencies, functions, powers, and duties are hereby abolished and the following laws relating thereto repealed :
“(1) The Farm Security Administration and all of its functions, powers, and duties.
“(2) All functions, powers, and duties of the Governor of the Farm Credit Administration which relate to the making, administration, and liquidation of (a) all loans to farmers under the act entitled 'An act to provide for loans to farmers for crop production and harvesting during the year 1937, and for other purposes', approved January 29, 1937 [former sections 1020i-1020n, and 10200 of title 12); (b) all loans identified or referred to in sections 5 (b), 5 (c), and 5 (d) of Executive Order Numbered 6084, dated Mar. 27, 1933 (set out as a note preceding section 451 of this title], and (c) all other emergency crop production, feed, seed, drought, and rehabilitation loans administered by the Farm Credit Administration on the effective date of this act [Aug. 14, 1946).
“(3) All functions, powers, and duties of the National Housing Agency with respect to property, funds, and other assets which were formerly under the administration or supervision of the Farm Security Administration and were transferred to or consolidated with the National Housing Agency by Executive Order Numbered 9070 of February 24, 1942 (set out as a note under section 601 of appendix to title 50), except housing projects and except such other properties and assets as are now in the process of liquidation.
“(b) All assets, funds, contracts, property, and records and all liabilities of the agencies abolished by this act [this chapter, section 371 of title 12, and section 82h of title 31] and all assets, funds, contracts, property, and records which the Secretary of Agriculture, the Governor of the Farm Credit Administration, and the National Housing Administrator have been using or have acquired primarily in the administration of any function, power, or duty so abolished and all liabilities chargeable thereto shall be collected or liquidated, as the case may be, by the Secretary of Agriculture, in accordance with this act [this chapter, section 371 of title 12, and section 82h of title 31] and the Bankhead-Jones Farm Tenant Act, as amended [sections 1001-10050, 1007, and 1008–1029 this title]. The Secretary shall promptly transmit to the Treasurer of the United States for appropriate credits all collections or other proceeds realized from the assets, funds, contracts and property which are authorized to be administered, collected or liquidated by this act [this chapter, section 371 of title 12, and section 82h of title 31], except that (1) the Secretary may retain so much of the personal property, such as office furniture, equipment, machines, automobiles, stationery, and office supplies, as he finds will be necessary in carrying out his duties under this act [this chapter, section 371 of title 12, and section 82h of title 31] and the Bankhead-Jones Farm Tenant Act, as amended [sections 1001-10050, 1007, and
1008_1029 of this title); (2) until the loans obtained by the Secretary of Agriculture or the War Food Administrator from the Reconstruction Finance Corporation for carrying on the Farm Security programs have been paid, the Secretary shall pay to the Reconstruction Finance Corporation, as collected, in accordance with the terms of the applicable loan agreements, the proceeds of all assets transferred to him for administration and liquidation which are pledged as security for such loans; and (3) the proceeds from collections on farmers' crop production and harvesting loans [former sections 1020i-1020n and 10200 of title 12] made available by the paragraph entitled 'Farmers' crop production and harvesting loans' under the item ‘Farm Credit Administration' in the Department of Agriculture Appropriation Act, 1947 [act June 22, 1946, c. 445, 60 Stat. 270], shall be available to the Secretary of Agriculture for the fiscal year 1947 for making loans under title II of the Bankhead-Jones Farm Tenant Act, as amended [sections 1007, 1008, and 1009 of this title).
"(c) The funds appropriated, authorized to be borrowed, and made available under the items ‘Farmers' crop production and harvesting loans' (under the heading ‘Farm Credit Administration'), 'Loans, Grants, and Rural Rehabilitation' and 'Farm Tenancy', in the Department of Agriculture Appropriation Act, 1947 [act June 22, 1946, ch. 445, 60 Stat. 270), shall be available for the making and servicing of loans under this act [this chapter, section 371 of title 12, and section 82h of title 31), for servicing and collecting loans made under prior authority, liquidation of rural rehabilitation projects, and for administrative expenses in connection therewith, and to the extent that such funds are validly obligated and committed on June 30, 1947, shall be available for use by the Secretary in fulfilling such obligations and commitments subject to the limitations set forth in the acts appropriating or authorizing such funds.
“(d) All labor supply centers, labor homes, labor camps, and facilities formerly under the supervision or administration of the Farm Security Administration and originally transferred or made available to the War Food Administrator for use in the farm labor supply program pursuant to Public Law 45, Seventyeighth Congress, approved Apr. 29, 1943 (57 Stat. 70) [set out as a note under section 1351 of appendix to title 50), and all similar labor centers, homes, camps, and facilities constructed or acquired by the War Food Administrator or the Department of Agriculture pursuant to subsequent similar laws or otherwise, shall be liquidated as provided in this act [this chapter, section 371 of title 12, and section 82h of title 31] and the proceeds paid to the Treasurer of the United States as each such center, home, camp, or facility is no longer needed in the farm labor supply program originally initiated pursuant to Public Law 45 (set out as a note under section 1351 of appendix to title 50], or until six months after the termination of the present hostilities as determined by concurrent resolution of the Congress, or by the President, whichever is the earlier.
“(e) Any of the personnel that is being utilized on the effective date of this act [Aug. 14, 1946] for the performance of functions, powers, or duties abolished or transferred by this act [this chapter, section 371 of title 12, and section 82h of title 31], including, but not limited to those related to emergency crop and feed loans, shall be utilized by the Secretary of Agriculture in the performance of his duties and functions under this act [this chapter, section 371 of title 12, and section 82h of title 31] and the Bankhead-Jones Farm Tenant Act, as amended [sections 1001-1005d, 1007, and 1008–1029 of this title], to the extent that he determines that such personnel are qualified and necessary therefor.
“(f) The Secretary of Agriculture shall liquidate, as expeditiously as possible, trusts under the transfer agreements with the various State Rural Rehabilitation Corporations and is authorized and directed to negotiate with responsible officials to that end.
“(g) With the approval of the Secretary of Agriculture, the consummation of the transfer of any function, power, duty, asset, or liability transferred by this act [this chapter, section 371 of title 12, and section 82h of title 31) may be delayed not in excess of ninety days after the effective date of this act [Aug. 14, 1946), during which time such function, power, or duty, and any fuction, power, or duty abolished by this act [this chapter, section 371 of title 12, and section 82h of title 31), may be administered by such agency as the Secretary may designate and in accordance with such rules and regulations as the Secretary may prescribe. Such rules and regulations shall, however, conform as nearly as may be practicable to the provisions of this act [this chapter, section 371 of title 12, and section 82h of title 31], the several appropriation Acts which are involved, 'or the Bankhead-Jones Farm Tenant act, as amended [sections 1001-10050, 1007, and 1008–1029 of this title], whichever is appropriate.”