
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: 7USC1385]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
           Part F--Miscellaneous Provisions and Appropriations
 
                        subpart i--miscellaneous
 
Sec. 1385. Finality of payments and loans; substitution of 
        beneficiaries
        
    The facts constituting the basis for any chapter 3B of title 16 
payment, any payment under the wheat, feed grain, upland cotton, extra 
long staple cotton, and rice programs authorized by chapter 35A of this 
title and this chapter, any loan, or price support operation, or the 
amount thereof, when officially determined in conformity with the 
applicable regulations prescribed by the Secretary or by the Commodity 
Credit Corporation, shall be final and conclusive and shall not be 
reviewable by any other officer or agency of the Government. In case any 
person who is entitled to any such payment dies, becomes incompetent, or 
disappears before receiving such payment, or is succeeded by another who 
renders or completes the required performance, the payment shall, 
without regard to any other provisions of law, be made as the Secretary 
of Agriculture may determine to be fair and reasonable in all the 
circumstances and provide by regulations. This section also shall be 
applicable to payments provided for under section 1348 of this title.

(Feb. 16, 1938, ch. 30, title III, Sec. 385, 52 Stat. 68; July 2, 1940, 
ch. 521, Sec. 7, 54 Stat. 728; July 3, 1948, ch. 827, title II, 
Sec. 207(e), 62 Stat. 1257; Pub. L. 87-703, title III, Sec. 322, Sept. 
27, 1962, 76 Stat. 626; Pub. L. 88-297, title I, Sec. 102, Apr. 11, 
1964, 78 Stat. 174; Pub. L. 91-524, title IV, Sec. 404(5), title VI, 
Sec. 605(3), Nov. 30, 1970, 84 Stat. 1366, 1378; Pub. L. 94-214, title 
III, Sec. 302, Feb. 16, 1976, 90 Stat. 187; Pub. L. 95-113, title IV, 
Sec. 405, Sept. 29, 1977, 91 Stat. 927; Pub. L. 97-98, title XI, 
Sec. 1102, Dec. 22, 1981, 95 Stat. 1263; Pub. L. 99-198, title X, 
Sec. 1017(a), Dec. 23, 1985, 99 Stat. 1459.)

                       References in Text

    Chapter 3B [Sec. 590a et seq.] of title 16, referred to in text, was 
in the original a reference to the Soil Conservation Act, probably 
meaning the Soil Conservation and Domestic Allotment Act.
    Chapter 35A [Sec. 1421 et seq.] of this title, referred to in text, 
was in the original a reference to the Agricultural Act of 1949.


                               Amendments

    1985--Pub. L. 99-198 inserted ``extra long staple cotton,'' after 
``upland cotton,'' in first sentence.
    1981--Pub. L. 97-98 amended first sentence generally.
    1977--Pub. L. 95-113 temporarily amended first sentence generally. 
See Effective and Termination Dates of 1977 Amendment note below.
    1976--Pub. L. 94-214 temporarily inserted reference to payments 
under the rice program authorized by section 1441(g) of this title. See 
Effective and Termination Dates of 1976 Amendment note below.
    1970--Pub. L. 91-524 temporarily inserted references to payments 
under the cotton set-aside program and to payments (including 
certificates) under the wheat and feed grain set-aside programs. See 
Effective and Termination Dates of 1970 Amendment note below.
    1964--Pub. L. 88-297 provided for application of this section to 
payments in kind to equalize cost of cotton to domestic and foreign 
users.
    1962--Pub. L. 87-703 inserted ``payment under section 1339 of this 
title,'' after ``parity payment,''.
    1948--Act July 3, 1948, substituted ``loan, or price support 
operation'' for ``or loan''.
    1940--Act July 2, 1940, inserted last sentence.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 
of Pub. L. 97-98, set out as an Effective Date note under section 4301 
of this title.


            Effective and Termination Dates of 1977 Amendment

    Section 405 of Pub. L. 95-113 provided that the amendment made by 
that section is effective only for 1978 through 1981 crops.


            Effective and Termination Dates of 1976 Amendment

    Section 302 of Pub. L. 94-214 provided that the amendment made by 
that section is effective only with respect to 1976 and 1977 crops of 
rice.


            Effective and Termination Dates of 1970 Amendment

    Sections 404 and 605 of Pub. L. 91-524, as amended by Pub. L. 93-86, 
Sec. 1(11), (22), Aug. 10, 1973, 87 Stat. 229, 235, provided that the 
amendments made by those sections are effective only with respect to 
1971 through 1977 crops.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-703 effective only with respect to programs 
applicable to crops planted for harvest in calendar year 1964 or any 
subsequent year and marketing years beginning in calendar year 1964, or 
any subsequent year, see section 323 of Pub. L. 87-703, set out as a 
note under section 1301 of this title.


                    Effective Date of 1948 Amendment

    Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 
303 of act July 3, 1948, set out as a note under section 1301 of this 
title.

                          Transfer of Functions

    Administration of program of Commodity Credit Corporation 
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, 
Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Exceptions From Transfer of Functions

    Functions of Corporations of Department of Agriculture, boards of 
directors and officers of such corporations; Advisory Board of Commodity 
Credit Corporation; and Farm Credit Administration or any agency, 
officer, or entity of, under, or subject to supervision of said 
Administration excepted from functions of officers, agencies, and 
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan 
No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set 
out as a note under section 2201 of this title.


  Determination of Rate of Loans, Payments, and Purchases Under Price 
     Support Program for 1986 Through 1990 Crops; Notice and Public 
                Participation in Rulemaking Not Required

    Section 1017(b) of Pub. L. 99-198, as amended by Pub. L. 101-624, 
title XI, Sec. 1144, Nov. 28, 1990, 104 Stat. 3516, provided that: ``The 
Secretary of Agriculture shall determine the rate of loans, payments, 
and purchases under a program established under the Agricultural Act of 
1949 (7 U.S.C. 1421 et seq.) for any of the 1991 through 1995 crops of a 
commodity without regard to the requirements for notice and public 
participation in rulemaking prescribed in section 553 of title 5, United 
States Code, or in any directive of the Secretary.''
