PUBLIC LAWS-CH. 30-FEB . 16, 1938 Rate of payment. Use of funds for pur- pose of computing payments. 16 U. S. C., Supp. III, } 590h. Proviso. Wheat acreage allotments, 1938. Effective time of sections 101-104 . Post, p. 202. Title II-Adjust- ment in freight rates, new uses and markets, and disposition of sur- pluses. Transportation of farm product?, com- plaints as to rates, charges, pract ices, etc., to Interstate Com- merce Commission. Secretary a party to proceeding if com- plaint affects public intercst. Liability of Secre- tary. Use of facilities of Department of Agri- culture. is made; (3) the average acreage planted to the various commodities during the ten years 1928 to 1937, including the acreage diverted from production under the agricultural adjustment and soil con- servation programs, in excess of the allotted acreage for the year with respect to which the payment is made; and (4) the value based on average prices for the preceding ten years of the production of the excess acreage determined under item (3). The rate of payment used in making payments to the producers of each commodity shall be such that the estimated payments with respect to such commodity shall equal the amount of funds allocated to such commodity as herein provided. For the purpose of allocating funds and comput- ing payments or grants the Secretary is authorized to consider as a commodity a group of commodities or a regional or market classi- fication of a commodity. For the purpose of computing payments or grants, the Secretary is authorized to use funds allocated to two or more commodities produced on farms of a designated regional or other classification to compute payments with respect to one of such commodities on such farms, and to use funds, in an amount equal to the estimated payments which would be made in any county, for making payments pursuant to a special program under section 8 approved by the Secretary for such county: Provided, That farm acreage allotments shall be made for wheat in 1938, but in determin- ing compliance wheat shall be considered in the group with other crops for which special acreage allotments are not made." EFFECYIVE TIME OF SECTIONS 101, 102 , 103, AND 104 SEC. 105. The amendments made by sections 101, 102, 103, and 104 shall first be effective with respect to farming operations carried out in the calendar year 1938. Nothing contained herein shall require reconstituting, for 1938, any county or other local committee which has been constituted prior to February 1, 1938. 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 rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Commission. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Com- mission shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard. (b) If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Commission shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Commission and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Commission's deter- mination. The liability of the Secretary in any such case shall extend only to liability for court costs. (c) For the purposes of this section, the Interstate Commerce Commission is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture. [52 STAT.
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