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(f) Definitions For purposes of this section, the term eligible entity means an organization that is currently eligible to receive grant funds under the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ). (g) Administrative expenses Not more than 6 percent of a grant under this section may be expended for a...
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402. Grants directed at reducing higher-education alcohol abuse (a) Authorization of program The Secretary shall award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education. (b) Applications An eligible enti...
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(2) a description of how the eligible entity will target underage students in the State; (3) a description of how the eligible entity intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward indicators described in section (d); (4) a list of the members of the st...
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including ways in which the eligible entity proposes to— (A) reach out to students; (B) promote the purpose of this Act; (C) address the range of needs of the students and the surrounding communities; and (D) address community norms for underage students regarding alcohol use; and (8) such additional information as req...
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(d) Accountability On the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program authorized under this section.
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The achievement indicators shall be designed— (1) to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol incidents of any kind (including violations, physical assaults, sex...
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(e) Supplement not supplant Grant funds provided under this Act shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (f) Definitions For purposes of this section: (1) Eligible entity The term eligible entity means a State, i...
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(3) Secretary The term Secretary means the Secretary of Education. (4) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
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(5) Statewide coalition The term statewide coalition means a coalition that— (A) includes— (i) institutions of higher education within a State; and (ii) a nonprofit group, a community underage drinking prevention coalition, or another substance abuse prevention group within a State; and (B) works toward lowering the a...
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(6) Surrounding community The term surrounding community means the community— (A) that surrounds an institution of higher education participating in a statewide coalition; (B) where the students from the institution of higher education take part in the community; and (C) where students from the institution of higher e...
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(h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009. 501. Additional research on underage drinking (a) In general The Secretary of Health and Human Servi...
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(2) Comprehensive community-based programs or strategies and statewide systems to prevent underage drinking, across the underage years from early childhood to young adulthood, including programs funded and implemented by government entities, public health interest groups and foundations, and alcohol beverage companies ...
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(b) Certain matters The Secretary of Health and Human Services shall carry out activities toward the following objectives with respect to underage drinking: (1) Testing every unnatural death of persons ages 12 to 20 in the United States for alcohol involvement, including suicides, homicides, and unintentional injuries...
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(2) Obtaining new epidemiological data within the National Epidemiological Study on Alcoholism and Related Conditions and other national or targeted surveys that identify alcohol use and attitudes about alcohol use during pre- and early adolescence, including second-hand effects of adolescent alcohol use such as date r...
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Authorization of appropriations There are authorized to be appropriated to carry out section 501 $6,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
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1. Short title This Act may be cited as the Glover River Wild and Scenic River Act. 2. Findings The Congress finds the following: (1) The Secretary of Agriculture conducted a study of the eligibility and suitability of the Glover River in the State of Oklahoma for inclusion in the Wild and Scenic Rivers System. (2) W...
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(3) The study and assessment concluded that the Glover River is eligible for inclusion in the National Wild and Scenic Rivers System based on its free-flowing conditions and remarkable scenic, recreation, geologic, archaeological, historical, and fish and wildlife values. 3. Designation of segment of Glover River, Okla...
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Oklahoma The 16.5 mile segment from the confluence of the West and East Forks of the Glover River in the Ouachita National Forest in section 7, township 3 south, range 23 east, downstream along the main stem of the Glover River to the southern boundary of the Ouachita National Forest, to be administered by the Secreta...
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1274(d)(1) ) for the segment of the Glover River designated as a scenic river by this section in general accordance with the provisions of the Final Environmental Impact Statement Amendment 34 to the land and resource management plan of the Ouachita National Forest, dated January 8, 2002, that address the segment of th...
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1. Dichloroethyl Ether (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.39.41 Dichloroethyl Ether (1,1’-oxybis [2-chloroethane] CL-CH2-CH2-0-CH2-CH2-CL) (provided for in subheading 2909.19.
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18) Free No change No change On or before 12/31/2014 (b) Effective date The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Short title This Act may be cited as the Ice Age Floods National Geologic Trail Designation Act of 2004. 2. Findings and purpose (a) Findings Congress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest regi...
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(2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included abo...
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(b) Purpose The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods’ features and story through the collaborative efforts of public and private entities. 3. De...
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(3) Floods The term Ice Age Floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula. 4.
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Ice age floods national geologic trail (a) Designation In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities lo...
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(b) Location The route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Oc...
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(c) Maps (1) Revisions The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability Any map referred to in paragraph (1) shall be on file and a...
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(b) Trail management office In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail. (c) Interagency technical committee The Secretary ...
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The interagency technical committee— (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations. (d) Trail advisory co...
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(e) Management plan Not later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested p...
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(2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods’ features contained in the National Park Service study entitled Ice Age Floods, ...
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(f) Land acquisition The Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpr...
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(g) Interpretive facilities The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan. (h) Privat...
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(i) Liability Designation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property.
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(j) Cooperative management In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secre...
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For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (k) Cooperative agreements The Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act. (l) United States Geological Survey The Secretary sha...
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Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. Not more than $500,000 of funds appropriated for this Act may be used in each fiscal year for administration of the Trail.
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That section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations.
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1. Short title This Act may be cited as the National Dairy Equity Act of 2004. 2. Regional Dairy Marketing Areas Subtitle E of title I of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7981 et seq. ) is amended— (1) by inserting before section 1501 ( 7 U.S.C. 7981 ) the following: 1 General provisions ...
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Definitions In this chapter: (1) Board The term Board means the Regional Dairy Board established for a Region under section 1514. (2) Classes of milk The terms Class I milk , Class II milk , Class III milk , and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respec...
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(3) Covered processor The term covered processor means a person or entity operating— (A) a milk plant located in the regulated area of a Region; or (B) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area.
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(4) Eligible producer (A) The term eligible producer means an individual or entity that the Secretary determines directly or indirectly— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or ...
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(B) The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502. (5) Fund The term Fund means the National Dairy Producers Fund established under section 1518. (6) Federal milk mark...
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(7) Over-order premium The term over-order premium means the difference between— (A) the over-order price established by the Board for the regulated area of a Region; and (B) the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order. (8) Over-order price The term over-order ...
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(9) Partially regulated plant (A) The term partially regulated plant means— (i) a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or (ii) a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in...
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(B) The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distr...
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(11) Pool plant The term pool plant means a milk plant located in the regulated area of a Region. (12) Region The term Region means a Regional Dairy Marketing Area established under section 1513. (13) Regulated area The term regulated area means that portion of a Region consisting of participating States. (14) Secre...
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Participating States (a) Designation of participating states For the purpose of this chapter, the following States are participating States: (1) Each State in the Northeast, Southern, and Midwest Regions specified in section 1513. (2) Each State in a different Region specified in section 1513, if that State elects to...
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(b) Termination of participation (1) Method of termination To terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination.
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(2) Effective date of termination (A) Initial termination authority If a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days...
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(B) Subsequent termination authority If a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted. (3) Resumption ...
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The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice. (c) Relation to national dairy market loss payments (1) El...
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The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a). (2) Effective date of termination If an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the terminati...
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(3) Protection during initial state termination period If a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect. (4) Effect of election to continue c...
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The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter.
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(5) Effect of subsequent state termination or restoration of participation An eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only...
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Dairy marketing areas There are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States: (1) Northeast region A Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New ...
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(3) Midwest region A Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (4) Intermountain region An Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevad...
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Regional Dairy Boards (a) In general Each Region shall be administered by a Regional Dairy Board. (b) Composition (1) Number and appointment The Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragra...
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(2) Nomination process The members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the comm...
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(3) Representation Of the members of the Board nominated and appointed to represent a participating State— (A) at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and (B) at least 1 member shall be a consumer representative. (c) Terms (1) In general Except as provi...
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(2) Initial appointments Of the members first appointed to the Board from a participating State, the Secretary shall appoint— (A) 1 member to serve a term of 1 year; (B) 1 member to a term of 2 years; and (C) 1 member to a term of 3 years. (d) Voting The members of the Board representing a participating State shall b...
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the Board for the Region is authorized— (1) to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region— (A) to measure the impact of the laws on— (i) the production and marketing of milk; and (ii) the shipment of milk and milk products in the Re...
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(3) to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry; (4) to submit to participating States in...
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(6) to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk; (7) to examine— (A) economic forces affecting eligible producers in the Region; (B) probable trends in productio...
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(8) to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and (9) to issue such orders, promulgate such r...
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(f) Use of other agencies The Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for th...
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Establishment of over-order price for sale of Class I milk (a) Authority to establish over-order price Subject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that— (1) is higher than the price for Class I milk ...
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(b) Maximum authorized over-order price During the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the ...
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(c) Application of over-order price and premium (1) Uniform prices In the regulations establishing an over-order price, the Board shall provide for— (A) the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, i...
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(2) Payment by covered processors As provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered pr...
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(3) Legal obligation to pay price The legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and th...
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(d) Equalization pools (1) Over-order prices In the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area.
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(2) Pooling and equalization of over-order prices For purposes of the pooling and equalization of an over-order price— (A) the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and (B) the value of mil...
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the Board shall consider— (1) the balance between production and consumption of milk and milk products in the regulated area; (2) the costs of milk production in the regulated area, including— (A) the price of feed, including the cost of hay, silage, pasture, and other forage; (B) the cost of labor, including the reaso...
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fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments; (3) the prevailing price for milk outside the regulated area; (4) the purchasing power of the public; and (5) the price necessary to yield a reasonable return to the eligible producer. (f) Producer settlement funds...
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Payments from covered processors (a) Payments required Subject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying— (1) the over-order premium in effec...
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(b) Reduction for any applicable equalization payments The product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a). (c) Deposit of payments in...
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Optional provisions for pricing orders (a) Equalization payments (1) In general In issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all su...
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(3) Amount The regulations for equalization payments may require payment of the difference between— (A) the applicable over-order price; and (B) the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order. (b) Partially regulated plants The regulations issued by the...
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(c) Other provisions The regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate— (1) to effectuate the purposes of this chapter; and (2) to provide for the payment of fair and equitable minimum prices for milk sold by eligibl...
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The fund shall consist of the following: (1) Payments by covered processors required to be deposited in the Fund under section 1516(c). (2) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d). (3) To the extent that amounts referred to in the preceding...
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(b) Expenditures from fund On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the...
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(3) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the T...
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Compensation for administrative and increased food assistance costs (a) Administrative costs (1) Board assessment for administrative costs The Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Boar...
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(2) Use of fund The Secretary shall use amounts in the Fund to cover— (A) administrative costs incurred by the Secretary to carry out this chapter; and (B) any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1). (b) Increased federal food assistance costs The Secret...
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1769f(b) ); and (2) nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3030e et seq. ). (c) Increased state food assistance costs The Secretary shall use amounts in the Fund to make payments to each participating State for the increased cost...
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1786 ) that results from carrying out this chapter.
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(d) Compensation of commodity credit corporation for increased milk purchases At the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the reg...
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Use of fund to assist eligible producers (a) Provision of funds to boards The Secretary shall use amounts in the Fund to make monthly payments to the Boards. (b) Amount The amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of— (1) the amount ...
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or (2) the amount obtained by multiplying— (A) a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month; (B) a payment rate equal to the over-order premium in effect for the regulated area for the month; and (C) 50 percent. (c) Payments to producers The B...
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Producer referendum (a) Referendum required For the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible produ...
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(2) Actions The nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order. (d) Approval An order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by ...
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(e) Cooperatives (1) In general Subject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (comm...
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and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers. (2) Common marketing agency No cooperativ...
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(3) Notification by cooperative (A) In general Any cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote o...
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(B) Ballots If a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative— (i) the eligible producer shall notify the Board as to the name of the cooperative...
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(5) Notification by Board In order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that— (A) an order is being considered; and (B) each eligible producer may register the approval or disapproval of the eligible producer with the Board direc...
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the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by— (1) commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction; (2) referral to the State agency fo...