
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1291]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
  SUBCHAPTER I--ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND 
                        DISPOSITION OF SURPLUSES
 
Sec. 1291. Adjustments in freight rates


(a) Complaints by Secretary of Agriculture; notice of hearings

    The Secretary of Agriculture is authorized to make complaint to the 
Surface Transportation Board with respect to rates, charges, tariffs, 
and practices relating to the transportation of farm products, and to 
prosecute the same before the Board. 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 Board shall cause the Secretary to be notified, and, 
upon application by the Secretary, shall permit the Secretary to appear 
and be heard.

(b) Secretary as party to proceedings

    If such rate, charge, tariff, or practice complained of is one 
affecting the public interest, upon application by the Secretary, the 
Board shall make the Secretary a party to the proceeding. In such case 
the Secretary shall have the rights of a party before the Board and the 
rights of a party to invoke and pursue original and appellate judicial 
proceedings involving the Board's determination. The liability of the 
Secretary in any such case shall extend only to liability for court 
costs.

(c) Utilization of records, services, etc., of Department of Agriculture

    For the purposes of this section, the Surface Transportation Board 
is authorized to avail itself of the cooperation, records, services, and 
facilities of the Department of Agriculture.

(d) Cooperation with complaining farm associations

    The Secretary is authorized to cooperate with and assist cooperative 
associations of farmers making complaint to the Surface Transportation 
Board with respect to rates, charges, tariffs, and practices relating to 
the transportation of farm products.

(Feb. 16, 1938, ch. 30, title II, Sec. 201, 52 Stat. 36; Pub. L. 104-88, 
title III, Sec. 311, Dec. 29, 1995, 109 Stat. 948.)


                               Amendments

    1995--Pub. L. 104-88 substituted ``Surface Transportation Board'' 
for ``Interstate Commerce Commission'' in subsecs. (a), (c), and (d), 
``Board'' for ``Commission'' wherever appearing in subsecs. (a) and (b), 
and ``Board's'' for ``Commission's'' in subsec. (b).


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.

                  Section Referred to in Other Sections

    This section is referred to in title 40 section 474.
