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7 USC CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES

.

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CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES

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Sec.

3701. Congressional findings and declarations.

3702. Definitions.

3703. State and regional plans.

(a) Grants; requisite provisions of plans.

(b) Plan review commissions.

(c) Recommendations of need.

(d) Prerequisites for receipt of grant.

(e) Approved State plans; approved regional plans.

(f) Authorization of appropriations.

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7 USC Sec. 3701 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES

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Sec. 3701. Congressional findings and declarations

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Congress finds and declares that -

(1) an adequate system for the efficient transient storage and

movement of bulk agricultural commodities is essential to the

overall success of the agricultural industry of the Nation, the

development of rural areas of the Nation, and the economic

stability of the Nation;

(2) the movement and storage of bulk agricultural commodities

has been seriously and repeatedly impeded by shortages of

transient storage facilities, adequate rail rolling stock, and

the deterioration of many railroad track beds and rural highways

throughout the United States;

(3) the efficient movement and storage of bulk agricultural

commodities may be achieved and facilitated by the joint location

at strategic points throughout the United States of transient

storage facilities and multimodal terminal facilities constructed

especially for the efficient shipment and receipt of agricultural

commodities; and

(4) the location of such facilities must be carefully planned

to assure maximum benefits to producers of agricultural

commodities and unprocessed agricultural products and utilization

of the most efficient means of transporting bulk agricultural

commodities for domestic and export markets.

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(Pub. L. 96-358, Sec. 2, Sept. 25, 1980, 94 Stat. 1184.)

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EFFECTIVE DATE

Section 6 of Pub. L. 96-358 provided that: ''The provisions of

this Act (enacting this chapter and amending section 1932 of this

title) shall become effective October 1, 1980.''

SHORT TITLE

Section 1 of Pub. L. 96-358 provided: ''That this Act (enacting

this chapter and amending section 1932 of this title) may be cited

as the 'Agricultural Subterminal Facilities Act of 1980'.''

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7 USC Sec. 3702 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES

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Sec. 3702. Definitions

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As used in this chapter, the term -

(1) ''bulk agricultural commodity'' means any agricultural

commodity that can be transported in bulk and can be temporarily

stored in bulk quantities without undergoing processing or

packaging. Such term also includes any commodity or product that

is used by producers in the production of agricultural

commodities and that can be stored or shipped in bulk, such as

fertilizer and fuel;

(2) ''unprocessed agricultural products'' means food, fiber,

and other agricultural products that have not been packaged or

otherwise prepared for retail sale, including animal products and

unfinished cotton, wool, leather, or any other unfinished natural

material;

(3) ''Secretary'' means Secretary of Agriculture;

(4) ''subterminal facility'' means any facility that is located

in the area of production or consumption of agricultural

commodities or any major storage or major export point for such

commodities and is located at a place that conveniently serves

the needs of producers, purchasers, and consumers of bulk

agricultural commodities, and is -

(A) used for the transient storage of bulk agricultural

commodities and may include equipment or structures necessary

for the transportation, upgrading, receiving, drying, or

loading out of such commodities; or

(B) any rail siding, loading, or unloading facility that can

accommodate unit railroad trains or multiple car trains and

other appropriate transportation modes designed for the

transport of bulk agricultural commodities and production

materials; and

(5) ''region'' means two or more States acting together to

develop a coordinated regional subterminal facilities plan.

-SOURCE-

(Pub. L. 96-358, Sec. 3, Sept. 25, 1980, 94 Stat. 1184.)

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REFERENCES IN TEXT

This chapter, referred to in the introductory phrase, was in the

original ''this Act,'' meaning Pub. L. 96-358, Sept. 25, 1980, 94

Stat. 1184, known as the Agricultural Subterminal Facilities Act of

1980, which enacted this chapter and amended section 1932 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3701 of this title and

Tables.

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7 USC Sec. 3703 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 68 - AGRICULTURAL SUBTERMINAL FACILITIES

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Sec. 3703. State and regional plans

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(a) Grants; requisite provisions of plans

(1) The Secretary shall, beginning not more than one hundred and

eighty days after October 1, 1980, make financial assistance

available to any State that makes application therefor, and that

otherwise meets the requirements of this section, for the purpose

of assisting such State in the development of a subterminal

facilities plan (hereinafter in this chapter referred to as the

''State plan'') for such State. Assistance under this section shall

be made available in the form of a grant. No grant may be made to

any State unless the Governor of such State or the appropriate

agency of such State makes an application therefor as provided in

this section. To the maximum extent practicable, the personnel and

resources of the colleges or universities in the State which are

eligible to receive funds under the Act of July 2, 1862 (7 U.S.C.

301-305, 307, and 308), or the Act of August 30, 1890 (7 U.S.C.

321-326 and 328), including Tuskegee Institute, shall be utilized

in developing the subterminal facilities plan for that State

pursuant to this section.

(2) The Secretary may also make grants under this section

available to two or more States acting together to develop a

coordinated regional subterminal facilities plan (hereinafter in

this chapter referred to as the ''regional plan'') for such region.

(3) Grants made under this section to any State or region may not

exceed 80 per centum of the cost of preparing the State or regional

plan.

(4) The State or regional plan shall prescribe in detail the

actions such State or region proposes to take in order to (A)

facilitate the efficient and competitive movement of bulk

agricultural commodities from the points of production within such

State or region to major market or export points, (B) provide

adequate storage facilities for such commodities between points of

production and market, (C) provide adequate receiving, storage, and

loading facilities for any bulk agricultural commodity, and (D)

assure that such facilities will be located at sites that will

result in maximum benefits to local producers.

(5) Each State or regional plan shall include the following:

(A) an analysis of the marketing, shipping, storage, and

production of bulk agricultural commodities produced in that

State or region and the short- and long-range projections with

respect to the marketing, shipping, storage, and production of

such commodities in that State or region;

(B) a determination, on the basis of the analysis and

projections required under clause (A) of this paragraph, of the

needs of the State or region for subterminal facilities;

(C) an assessment of the use of existing on-farm storage

facilities located within the State or region and an assessment

of the ways in which subterminal facilities can benefit the

continued use of on-farm storage facilities;

(D) an evaluation of the effect of the development of new

subterminal facilities on small capacity rural shipping and

storage facilities within the State or region;

(E) an evaluation of ways to ensure adequate rail service for

subterminal facilities described in clause (D) of this paragraph,

including an evaluation of the use and feasibility of contract

rates;

(F) an assessment of the ways that subterminal facilities can

enhance the operation of small capacity shipping and storage

facilities within the State or region;

(G) an assessment of other actions being taken or considered in

such State or region for the improvement of agricultural

transportation, including an evaluation of the use being made of

shuttle or collector trains and combinations of rail and barge

service;

(H) an evaluation of the potential benefits of subterminal

ownership and leasing arrangements for rail rolling stock

(including locomotive power), motor trucks, barge equipment, and

other bulk agricultural commodity transport equipment that may

help achieve maximum benefits from the operation of subterminal

facilities within the State or region;

(I) an assessment of the overall transportation system in the

State or region and future plans for that overall system,

including the adequacy of highways and bridges; and

(J) consideration of the feasibility and advisability of the

ownership and operation of rail branch lines by farmer-owned

cooperatives, and the role that such cooperatives might play in

any overall planning for the restructuring and rehabilitation of

rail service and marketing facilities within the State or region.

(b) Plan review commissions

Funds made available to a State or region under this chapter for

the purposes of assisting such State or region to develop a plan

shall be subject to the condition that the State or region

establish a plan review commission composed of local producers,

local elevator operators, representatives of affected motor and

rail carriers, other interested individuals, and, when appropriate

in the judgment of the Secretary, consumers of bulk agricultural

commodities used in the production of unprocessed agricultural

products. A majority of the members of any plan review commission

must be local producers or, when appropriate in the judgment of the

Secretary, consumers of bulk agricultural commodities used in the

production of unprocessed agricultural products. The plan review

commission shall consider the information and analyses developed by

the State or region in the development of a State or regional plan

and make appropriate recommendations regarding the State or

regional plan. The plan review commission shall also make

recommendations, based on information developed in the plan, for

the most beneficial location of subterminal facilities.

(c) Recommendations of need

No application for planning assistance authorized pursuant to

this section may be submitted by a State or region until the

appropriate plan review commission established in accordance with

this chapter has had the opportunity to make recommendations to the

Governor or Governors that a need exists for the development of a

State or regional plan, and a majority of the members of such plan

review commission concur that such application should be submitted.

(d) Prerequisites for receipt of grant

No State or region may receive a grant under this section unless

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(1) an application therefor has been submitted that complies

with the provisions of this chapter;

(2) the average annual production of bulk agricultural

commodities produced within such State or region, or shipments of

such commodities transported into such State or region, meets

minimum levels established by the Secretary for a period the

Secretary considers appropriate preceding the year in which

application for such grant is made;

(3) the Governor of such State or the Governors of the States

in such region certify to the Secretary that producers of

agricultural commodities have experienced serious storage and

transportation problems within such State or region during the

three years preceding the year in which application for such

grant is made; and

(4) such State or each State within such region has established

an adequate plan, as described in section 22102 of title 49, for

rail service in such State or States, or such State or each State

in such region is actively developing such a plan.

(e) Approved State plans; approved regional plans

Whenever any State or region has submitted a State or regional

plan under this section, the Secretary shall approve such plan only

if it has been approved by a majority of the members of the

appropriate plan review commission established pursuant to this

chapter, and it meets the other conditions specified in this

chapter and those prescribed in regulations issued by the Secretary

to carry out this chapter. When a plan is approved by the

Secretary, such plan shall be known as an ''approved State plan''

or an ''approved regional plan'', as appropriate.

(f) Authorization of appropriations

To carry out the purposes of this section, there are authorized

to be appropriated not to exceed $3,300,000 for each of the fiscal

years ending September 30, 1981, September 30, 1982, and September

30, 1983.

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(Pub. L. 96-358, Sec. 4, Sept. 25, 1980, 94 Stat. 1185.)

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REFERENCES IN TEXT

Act of July 2, 1862 (7 U.S.C. 301-305, 307, and 308), referred to

in subsec. (a)(1), is act July 2, 1862, ch. 130, 12 Stat. 503, as

amended, popularly known as the ''Morrill Act'' and also as the

''First Morrill Act'', and is classified generally to subchapter I

(Sec. 301 et seq.) of chapter 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under 301 of this title and Tables.

Act of August 30, 1890 (7 U.S.C. 321-326 and 328), referred to in

subsec. (a)(1), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as

amended, popularly known as the Agricultural College Act of 1890

and also as the Second Morrill Act, which is classified generally

to subchapter II (Sec. 321 et seq.) of chapter 13 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 321 of this title and Tables.

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CODIFICATION

In subsec. (d)(4), ''section 22102 of title 49'' substituted for

''section 5(j) of the Department of Transportation Act (49 U.S.C.

1654(j))'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation. Previously,

section 5 of the Department of Transportation Act was amended

generally by Pub. L. 101-213, Sec. 2(c), Dec. 11, 1989, 103 Stat.

1843, and, as so amended, provisions of subsec. (j), relating to an

adequate State plan, were set out in subsec. (a).

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