§1785. Determination of program operations by Secretary

Except as otherwise provided in this chapter, the amounts, terms, and conditions of the operations under this Act and the extent to which such operations are carried out shall be determined or approved by the Secretary of Agriculture. The Secretary may, in determining support prices and rates of payment, make adjustments in such prices or rates for differences in grade, quality, type, location, and other factors to the extent he deems practicable and desirable. In determining the net sales proceeds and national payment rates for shorn wool and shorn mohair, the Secretary shall not deduct marketing charges for commissions, coring, or grading. Determinations by the Secretary under this chapter shall be final and conclusive. The facts constituting the basis for any operation, payment, or amount thereof when officially determined in conformity with applicable regulations prescribed by the Secretary shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.

(Aug. 28, 1954, ch. 1041, title VII, §706, 68 Stat. 912 ; Aug. 10, 1993, Pub. L. 103 66, title I, §1111(3), 107 Stat. 327; Nov. 1, 1993, Pub. L. 103 130, §4(d), 107 Stat. 1369.)

Repeal of Section

Section repealed effective Dec. 31, 1995, see section 3(a) of Pub. L. 103 130, set out as an Effective Date of Repeal note under section 1782 of this title.

References in Text

This Act, referred to in subsecs. (a) and (b), is act Aug. 28, 1954, ch. 1041, 68 Stat. 897 , as amended, known as the Agricultural Act of 1954. For complete classification of this Act to the Code, see Short Title note set out under section 1741 of this title and Tables.

Amendments

1993-Pub. L. 103 130 substituted "operations under this Act" for "price support operations".

Pub. L. 103 66 inserted after second sentence "In determining the net sales proceeds and national payment rates for shorn wool and shorn mohair, the Secretary shall not deduct marketing charges for commissions, coring, or grading."

Liability of Producers

Amendment by Pub. L. 103 130 not to affect the liability of any person under this section as in effect before Nov. 1, 1993, see section 5 of Pub. L. 103 130, set out as a note under section 1782 of this title.

Retroactive Amendment of Regulations Relating to Price Support Payments

Pub. L. 94 312, June 21, 1976, 90 Stat. 690, provided that: "That the Secretary of Agriculture is authorized to amend retroactively regulations of the Department of Agriculture pertaining to the computation of price support payments under the National Wool Act of 1954 [this chapter] in order that the amount of such payments may, in the case of any rancher or farmer, be computed on the basis of (1) the net sales proceeds received, or (2) in the case of any rancher or farmer who failed to realize the amount provided for in the sales document, the lesser of the following: (A) the net sales proceeds based on the price the rancher or farmer would have received had there been no default of payment under such document, or (B) the fair market value of the commodity concerned at the time of sale.

"Sec. 2. The Secretary of Agriculture is further authorized to reconsider any application filed for the payment of price support under the National Wool Act of 1954 [this chapter] with respect to any commodity marketed during the four marketing years 1969 through 1972 and to make such payment adjustments as he determines fair and equitable on the basis of any amendment to regulations made under authority of the first section of this Act."