§ 1291. — Adjustments in freight rates.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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 113.
