Plan No. 3, § 402, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1099, set out in note under section 133y-16 of title 5. For provisions concerning exercise of those functions, see text of said Reorg. Plan.

§ 1019. Transfer of lands to Secretary. The President may at any time in his discretion transfer to the Secretary any right, interest or title held by the United States in any lands acquired in the program of national defense and no longer needed therefor, which the President shall find suitable for the purposes of this chapter, and the Secretary shall dispose of such lands in the manner and subject to the terms and conditions of this chapter. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, amended section to limit the transfer of lands to lands acquired under the national defense program.

§ 1020. Transactions with private corporations.-Nothing in this chapter shall authorize the making of any loan or the sale or other disposition of real property or any interest therein, other than interests in coal, oil, gas, or other minerals, to any private corporation, except in furtherance of liquidation pursuant to section 1017 of this title, or the leasing of mineral interests to corporations or individuals from time to time in accordance with policies established by the Secretary of Agriculture. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.) Act Aug. 14, 1946, cited to text, amended section by adding exceptions to permit transactions in furtherance of liquidation or the leasing of mineral interests.

§ 1021. Surveys and investigations.-The Secretary is authorized to conduct surveys and investigations relating to the conditions and factors affecting, and the methods of accomplishing most effectively, the purposes of this chapter, and may, when funds are specifically appropriated therefor by the Congress, publish and disseminate information pertinent to the various aspects of its activities. amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

(As

Act Aug. 14, 1946, cited to text, amended section by omitting "and research" following "investigations", and providing for the publication of information only when funds have been specifically provided for it.

§ 1022. Variable payments on obligations.-The Secretary shall require annual payments in installments sufficient to pay any obligations or indebtedness to him under this chapter within the term of such obligation or indebtedness. The Secretary shall provide a method whereby a borrower may pay any obligation or indebtedness by a system of variable payments under which a surplus above the required installment for any year may be paid in periods of above-normal income and employed to reduce payments below the required annual payment in subsequent periods of subnormal income. Any advance payments to the Secretary shall not affect the obligation to pay the required annual installment during periods of normal or above-normal income. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, amended section to provide for annual payments amortized over the term of the obligation, and to authorize the Secretary to set up a system of variable payments.

§ 1023. Set-off.-No set-off shall be made against any payment to be made by the Secretary to any person under the provisions of this

chapter, by reason of any indebtedness of such person to the United States, and no debt due to the Secretary under the provisions of this chapter shall be set off against any payments owing by the United States, unless the Secretary shall find that such set-off will not adversely affect the objectives of this chapter. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, reenacted section in toto.

§ 1024. Taxation.-(a) All property which is being utilized to carry out the purposes of sections 1001-1005d of this title (other than property used solely for administrative purposes) shall, notwithstanding that legal title to such property remains in the Secretary, be subject to taxation by the State, Territory, district, dependency, and political subdivision concerned, in the same manner and to the same extent as other similar property is taxed.

(b) All property to which subsection (a) of this section is inapplicable which is held by the Secretary pursuant to this chapter shall be exempt from all taxation now or after August 14, 1946 imposed by the United States or any State, Territory, district, dependency, or political subdivision, but the Secretary shall make payments in respect of any such property in lieu of taxes. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Subsec. (a) amended by Aet Aug. 14, 1946, cited to text, which omitted references to "sections 1007 to 1009 of this title" following "sections 1001-1005d" and to "Corporation”.

Subsec. (b) amended by Act Aug. 14, 1946, cited to text, which omitted reference to "Corporation" following "secretary".

§ 1025. Purchase at foreclosure sale.-The Secretary is authorized and empowered to bid for and purchase at any foreclosure or other sale, or otherwise to acquire property pledged or mortgaged or conveyed to secure any loan or other indebtedness owing to or acquired by the Secretary under this chapter; to accept title to any property so purchased or acquired; to operate for a period not in excess of one year from the date of acquisition, or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of section 1017 of this title. (As amended Aug. 14, 1946, ch. 964, §3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, amended section by inserting clause "to accept title to any property so purchased or acquired."

§ 1026. Penalties. (a) Whoever makes any material representation, knowing it to be false, for the purpose of influencing in any way the action of the Secretary upon any application, discount, purchase, or repurchase agreement, contract of sale, lease or loan, or any change or extension of any of the same by renewal, compromise, adjustment, deferment of action or otherwise, or the acceptance, release or substitution or security therefor, shall, upon conviction thereof, be punished by a fine of not more than $2,000 or by imprisonment for not more than two years, or both.

(b) Whoever, being employed in any capacity by the Secretary, (1) embezzles, abstracts, purloins or willfully misapplies any moneys, funds, securities or other things of value, whether belonging to the

Secretary or pledged or otherwise entrusted to him; or (2) with intent to defraud the Secretary, or any body politic or other corporation, or any individual, or to deceive any officer, auditor or examiner of the Secretary, makes any false entry in any book, report or statement of, or to, the Secretary, or draws any order, or issues, puts forth or assigns any note or other obligation or draft, mortgage, judgment or decree thereof; or (3) with intent to defraud the Secretary, participates or shares in or receives directly or indirectly any money, profit, property or benefits through any transaction, loan, commission, contract or any other act of the Secretary shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both.

(c) Whoever willfully shall conceal, remove, dispose of, or convert to his own use or that of another, any property mortgaged or pledged to, or held by, the Secretary as security for any obligation, shall, upon conviction thereof, be punished by a fine of not more than $2,000 or by imprisonment for not more than two years, or both.

(d) Whoever conspires with another to accomplish any of the acts made unlawful by the preceding provisions of this section shall, upon conviction thereof, be subject to the same fine or imprisonment, or both, as is applicable in the case of conviction for doing such unlawful act. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, amended section by decreasing the fines from $5,000 to $2,000, and from $10,000 to $5,000, and by omitting former provisions of subsec. (d) and renumbering former subsec. (e) to be (d).

§ 1027. Fees and commissions.-No officer, attorney, or other employee of the Secretary shall, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this chapter other than such salary, fee, or other compensation as he may receive as such officer, attorney, or employee. No member of a county committee established under section 1016 of this title shall knowingly make or join in making any certification prohibited by section 1002 (c) of this title. Any person violating any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $2,000 or imprisonment for not more than two years, or both. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act Aug. 14, 1946, cited to text, amended section by increasing the fine from $1,000 to $2,000 and the prison term from 1 year to 2 years.

§ 1028. Application to Territories. The provisions of this chapter shall extend to the Territories of Alaska and Hawaii and to Puerto Rico. In the case of Alaska and Puerto Rico, the term "county" as used in this chapter shall be deemed synonymous with Territory, or any subdivision thereof as may be designated by the Secretary, and payments under section 1012 of this title shall be made to the Governor of the Territory or to the fiscal agent of such subdivision. amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act. Aug. 14, 1946, cited to text, reenacted section in toto.

(As

§ 1029. Separability.—If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of this chapter, and the application of such provision to

other persons or circumstances, shall not be affected therby. (As amended Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1062.)

Act. Aug. 14, 1946, cited to text, reenacted section in toto.

§ 1030. Consolidation of agricultural credit and service offices.The Secretary of Agriculture and the Governor of the Farm Credit Administration are directed, wherever practicable, to make suitable arrangements whereby all field offices under their supervision or direction extending agricultural credit or furnishing agricultural services to farmers to utilize the same or adjacent offices to the end that eligible farmers in each locality will be enabled to obtain their agricultural credit and services at one central point. (Aug. 14, 1946, ch. 964, § 7, 60 Stat. 1062.)

§ 1031. Conveyance of mineral rights with land. Any conveyance of real estate by the Government or any Government agency under this chapter shall include all mineral rights. (Aug. 14, 1946, ch. 964, § 9, 60 Stat. 1062.)

SUBCHAPTER V-GENERAL PROVISIONS

§ 1183. Termination of chapter. The powers vested in the Secretary under this chapter shall terminate on December 31, 1947, except that the Secretary shall have power to make payments under subchapter III of this chapter under programs applicable to the crop year 1947 and previous crop years. (As amended Oct. 15, 1940. ch. 887, § 1, 54 Stat. 1178; Dec. 26, 1941, ch. 638, § 1, 55 Stat. 872; June 20, 1944, ch. 266, § 1, 58 Stat. 283; July 27, 1946, ch. 685, § 1, 60 Stat. 706.)

Act July 27, 1946, cited to text, amended section by extending termination date from Dec. 31, 1946, to Dec. 31, 1947.

Act June 20, 1944, cited to text, amended section by extending termination date from Dec. 31, 1944 to Dec. 31, 1946 and the "crop year 1944" to the "crop year 1946."

Subject matter of first part of this section which formerly read "No tax shall be imposed on the manufacture, use, or importation of sugar after June 30, 1941," is now covered by section 3508 of title 26, Internal Revenue Code.

Chapter 35-AGRICULTURAL ADJUSTMENT ACT OF 1938

GENERAL PROVISIONS

§ 1282. Declaration of policy

Transfer of functions.-Functions of the Agricultural Adjustment Administration were transferred to the Secretary of Agriculture by 1946 Reorg. Plan No. III, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 610 of this title.

Soil Conservation Service and 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.

Functions of Soil Conservation Service in Department of Agriculture with respect to soil and moisture conservation operations conducted on lands under jurisdiction of Department of Interior were transferred to Department of Interior, to be administered under direction and supervision of Secretary of Interior through such agency or agencies in Department of Interior as Secretary shall designate, by Reorg. Plan No. IV, § 6, eff. June 30, 1940, set out in note under section 133t of title 5. See, also, sections 13-15 of said plan for provisions relating to transfer of functions of department heads, records, property, personnel, and funds.

SUBCHAPTER II-LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, AND MARKETING QUOTAS

A. DEFINITION, LOANS, PARITY PAYMENTS, AND CONSUMER SAFEGUARDS

§ 1302. Loans by Commodity Credit Corporation on agricultural commodities.

Transfer of functions.-The administration of the program of the Commodity Credit Corporation was transferred to the Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F. R. 7877, 60 Stat. 1100. See note under section 713 of Title 15.

Cross references.-Delegation of regulatory functions of Secretary of Agriculture, see section, 516a et seq. of Title 5, Executive Department and Government Officers and Employees.

Peanut crop loans, see section 1330 (10) and 1340 (10) of this title.

R. MARKETING QUOTAS

Part I.-Marketing Quotas-Tobacco

§ 1312. National marketing quota-Proclamation of quota.— (a) Whenever the Secretary finds that the total supply of tobacco as of the beginning of the marketing year then current exceeds the reserve supply level therefor, the Secretary shall proclaim the amount of such total supply, and, beginning on the first day of the marketing year next following and continuing throughout such year, a national marketing quota shall be in effect for the tobacco marketed during such marketing year. The Secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the total quantity of tobacco which may be marketed, which will make available during such marketing year a supply of tobacco equal to the reserve supply level. Such proclamation shall be made not later than the 1st day of December in such year. The amount of the national marketing quota so proclaimed may, not later than the following March 1, be increased by not more than 20 per centum if the Secretary determines that such increase is necessary in order to meet market demands, or to avoid undue restriction of marketings in adjusting the total supply to the reserve supply level.

(b) Referendum on quotas. Within thirty days after the date of the issuance of the proclamation specified in subsection (a) of this section, the Secretary shall conduct a referendum of farmers who were engaged in production of the crop of tobacco harvested prior to the holding of the referendum to determine whether such farmers are in favor of or opposed to such quota. If more than one-third of the farmers voting in the referendum oppose such quota, the Secretary shall, prior to the 1st day of January, proclaim the result of the referendum and such quota shall not be effective thereafter. In the same referendum the Secretary shall also submit to such farmers the question of whether they favor tobacco marketing quotas for a period of three years, beginning with the marketing year next following. If two-thirds of the farmers voting on this question favor marketing quotas for a three-year period, the Secretary shall proclaim marketing quotas for such period, and, beginning on the first day of the marketing year next following and continuing throughout the period so proclaimed, a national marketing quota shall be in effect for the tobacco marketed during each marketing year in said period unless amendments are made in the provisions for determining farm allotments so