Gambar halaman

powers and duties conferred upon him under sections 1001-1009 of this title, and such powers under sections 1014-1029 of this title as relate to the exercise of the powers and duties so delegated, as he deems may be necessary to the efficient carrying out of the purposes of sections 1001-1009 and 1014-1029 of this title and may be executed by the Corporation, and to transfer to the Corporation such funds available for such purposes as he deems necessary. In connection with and in the exercise of such powers and duties so delegated, all provisions of this chapter relating to the powers and duties of, and limitations upon, the Secretary shall apply to the Corporation in the same manner as to the Secretary, and the term "Secretary” shall be construed to include "Corporation.

(c) Capital stock.—The Corporation shall have an nominal capital stock in an amount determined and subscribed for by the Secretary. Receipts for payments for or on account of such stock shall be issued by the Corporation to the Secretary and shall be evidence of the stock ownership of the United States.

(d) Board of directors; personnel; quorum; compensation; expenses. The management of the Corporation shall be vested in a board of directors (in this chapter called the Board) subject to the general supervision of the Secretary. The Board shall consist of three persons employed in the Department of Agricultore who shall be designated by the Secretary. Vacancies in the Board, so long as there are two members in office, shall not impair the powers of the Board to execute its functions and two of the members in office shall constitute a quorum for the transaction of business. The directors, appointed as hereinbefore provided, shall receive no additional compensation for their services as such directors but may be allowed travel and subsistence expenses when engaged in business of the Corporation outside of the District of Columbia.

(e) Selection of administrator.—The Board may select, subject to the approval of the Secretary, an administrator, who shall be the executive officer of the Corporation, with such power and authority as may be conferred upon him by the Board.

(f) Powers of corporation. The Corporation-
(1) Shall have succession in its corporate name;

(2) May adopt, alter, and use a corporate seal, which shall be judicially noticed;

(3) May sue and be sued in its corporate name in any court of competent jurisdiction, State or Federal: Provided, That the prosecution and defense of all litigation to which the Corporation may be a party shall be conducted under the supervision of the Attorney General, and the Corporation shall be represented by the United States Attorneys for the districts, respectively, in which such litigation may arise, or by such other attorney or attorneys as may, under the law, be designated by the Attorney General: And provided further, That no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Corporation or its property;

(4) May adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be con

ducted and the powers vested in it may be exercised and enjoyed;

(5) Shall be entitled to the free use of the United States mails in the same manner as other executives agencies of the Government;

(6) Shall have such powers as may be necessary or appropriate for the exercise of the powers vested in the Corporation (including, but subject to the limitations of this chapter, the power to make contracts, and to purchase or lease, and to hold or dispose of, such real and personal property as it deems necessary) and all such incidental powers as are customary in corporations generally. The Board shall define the authority and duties of the officers and employees of the Corporation, delegate to them such of the powers vested in the Corporation as it may determine, and require bonds of such of them as it may designate and fix the penalties and pay the premiums of such bonds.

(g) Compensation to injured employees.-Insofar as applicable, the benefits of sections 751-791, 792, 793 of Title 5, as amended, shall extend to employees of the Corporation.

(h) Deposit of monies.—All money of the Corporation not otherwise employed may be deposited with the Treasurer of the United States or in any bank approved by the Secretary of the Treasury, subject to withdrawal by the Corporation at any time, or with the approval of the Secretary of the Treasury may be invested in obligations of the United States. Subject_to the approval of the Secretary of the Treasury, the Federal Reserve banks are hereby authorized and directed to act as depositories, custodians, and fiscal agents for the Corporation in the performance of its powers.

(i) Tax exemption.—The Corporation, including its franchises, its capital, reserves, and surplus and its income and property shall, except as otherwise provided in section 1024 (a) of this title, be exempt from all taxation now or hereafter imposed by the United States or any State, Territory, District, dependency, or political subdivision.

(j) Records; annual report.—The Corporation shall at all times maintain complete and accurate books of account and shall file annually with the Secretary a complete report as to the business of the Corporation. (July 22, 1937, ch. 517, Title IV, § 40, 50 Stat. 527.)

§ 1015. Powers of Secretary of Agriculture.–For the purposes of this chapter, the Secretary shall have power to

(a) Appoint (without regard to the civil-service laws and regulations) and fix the compensation of such officers and employees as may be necessary. No person (except as to positions requiring technical training and experience for which no one possessing the requisite technical training and experience is available within the area) shall be appointed or transferred under this chapter to any position in an office in a State or Territory the operations of which are confined to such State or Territory or a portion thereof, or in a regional office outside the District of Columbia the operations of which extend to more than one, or portions of more than one, State or Territory, unless such person has been an actual and bona-fide resident of the State or Territory,

or region, as the case may be, in which such office is located, for a period of not less than one year next preceding the appointment or transfer to such position (disregarding periods of residence outside such State or Territory, or region, as the case may be, while in the Federal Government service). If the operations of the office are confined to a portion of a single State or Territory, the Secretary in making appointments or transfers to such office shall, except in the classes of cases exempted from the preceding sentence, appoint or transfer only persons who are residents of such portion of the State or Territory: Provided, That hereafter, wherever practicable, all appointments of persons to the Federal service for employment within the District of Columbia, under the provisions of this chapter, whether such appointments be within the classified civil service or otherwise, shall be apportoned among the several States and the District of Columbia upon the basis of population as ascertained at the last preceding census.

(b) Accept and utilize voluntary and uncompensated services, and, with the consent of the agency concerned, utilize the officers, employees, equipment, and information of any agency of the Federal Government, or of any State, Territory, or political subdivision.

(c) Within the limits of appropriations made therefor, make necessary expenditures for personal services and rent at the seat of government and elsewhere; contract stenographic reporting services; purchase and exchange of supplies and equipment, law books, books of reference, directories, periodicals, newspapers, and press clippings; travel and subsistence expenses, including the expense of attendance at meetings and conferences; purchase, operation, and maintenance, at the seat of government and elsewhere, of motor-propelled passenger-carrying and other vehicles; printing and binding; and for such other facilities and services as he may from time to time find necessary for the proper administration of this chapter.

(d) Make contracts for services and purchases of supplies without regard to the provisions of section 5 of Title 41 when the aggregate amount involved is less than $300.

(e) Make payments prior to audit and settlement by the General Accounting Office.

(f) Acquire land and interests therein without regard to sections 733 of Title 33, 520 of Title 34, 255 of Title 40 and 175 of Title 50. This subsection shall not apply with respect to the acquisition of land or interests in land under sections 1010-1013 of this title.

(g) Compromise claims and obligations arising under, and adjust and modify the terms of mortgages, leases, contracts, and agreements entered into pursuant to, this chapter, as circumstances may require.

(h) Collect all claims and obligations arising under this chapter, or under any mortgage, lease, contract, or agreement entered into pursuant to this chapter, and, if in his judgment necessary and advisable, to pursue the same to final collection in any court having jurisdiction: Provided, That the prosecution and defense of all litigation under this chapter shall be conducted under the

supervision of the Attorney General, and the legal representation shall be by the United States Attorneys for the districts, respectively, in which such litigation may arise, or by such other attorney or attorneys as may, under the law, be designated by the Attorney General.

(i) Make such rules and regulations as he deems necessary to carry out this chapter. (July 22, 1937, ch. 517, title IV, § 41, 50 Stat. 528.)

§ 1016. County Committee; appointments; compensation; meetings; duties.(a) The Secretary is authorized and directed to appoint in each county in which activities are carried on under sections 1001-1006 of this title a county committee composed of three farmers residing in the county.

(b) Each member of the committee shall be allowed compensation at the rate of $3 per day while engaged in the performance of duties under this chapter but such compensation shall not be allowed with respect to more than five days in a month. In addition, they shall be allowed such amounts as the Secretary may prescribe for necessary traveling and subsistence expenses.

(c) The committee shall meet on the call of the county agent in the county, or on the call of such other person as the Secretary may designate. Two members of the committee shall constitute a quoroum. The Secretary shall prescribe rules governing the procedure of the committees, furnish forms and equipment necessary for the performance of their duties, and authorize and provide for the compensation of such clerical assistants as he deems may be required by any committee.

(d) Committees established under this chapter shall, in addition to the duties specifically imposed under this chapter, perform such other duties under this chapter as the Secretary may require of them. (July 22, 1937, ch. 517, title IV, § 42, 50 Stat. 529.)

$ 1017. Completion of resettlement projects. The Secretary is authorized to continue to perform such of the functions vested in him pursuant to Executive Order Numbered 7530 of December 31, 1936, as amended by Executive Order Numbered 7557 of February 19, 1937, and pursuant to sections 431-434 of Title 40, as shall be necessary only for the completion and administration of those resettlement projects, rural rehabilitation projects for resettlement purposes, and land development and land utilization projects, for which funds have been allotted by the President, and the balances of funds available to the Secretary for said purposes which are unexpended on June 30, 1937, are authorized to be appropriated to carry out said purposes: Provided, That any land held by the United States under the supervision of the Secretary pursuant to said Executive orders may where suitable be utilized for the purposes of sections 1001-1006 of this title, and the Secretary may sell said land and make loans for the necessary improvement thereof to such individuals and upon such terms as shall be in accordance with the provisions of sections 1001-1006 of this title. (July 22, 1937, ch. 517, title IV, § 43, 50 Stat. 530.)

§ 1018. Reservation of mineral rights.--The sale or other disposition of any real property acquired by the Secretary pursuant to the provisions of this chapter, or any interest therein, shall be

subject to the reservation by the Secretary on behalf of the United States of not less than an undivided three-fourths of the interest of the United States in all coal, oil, gas, and other minerals in or under such property. (July 22, 1937, ch. 517, title IV, § 44, 50 Stat. 530).

8 1019. Transfer of available lands.The President may at any time in his discretion transfer to the Secretary or the Corporation any right, interest, or title held by the United States, and under the supervision of the Secretary, in any land which the President shall find suitable for the purposes of this chapter, and the Secretary or the Corporation, as the case may be, may use and dispose of such land in such manner, and subject to such terms and conditions, as the President determines will best carry out the objectives of this chapter. (July 22, 1937, ch. 517, title IV, § 45, 50 Stat. 530).

§ 1020. Transactions with private corporations.--Nothing in this chapter shall be construed to authorize the making of any loan, or the sale or other disposition of real property or any interest therein, to any private corporation, for farming purposes. (July 22, 1937, ch. 517, title IV, § 46, 50 Stat. 530.)

8 1021. Surveys and research.—The Secretary is authorized to conduct surveys, investigations, and research relating to the conditions and factors affecting, and the methods of accomplishing most effectively, the purposes of this chapter, and may publish and disseminate information pertinent to the various aspects of his activities. (July 22, 1937, ch. 517, title IV, § 47, 50 Stat. 531.)

§ 1022. Variable payments on obligations. The Secretary may provide for the payment of any obligation or indebtedness to him under this chapter under a system of variable payments under which a surplus above the required payment will be collected in periods of above-normal production or prices and employed to reduce payments below the required payment in periods of subnormal production or prices. (July 22, 1937, ch. 517, title IV, § 48, 50 Stat. 531.)

8 1023. Set-off.No set-off shall be made against any payment to be made by the Secretary to any person under the provisions of this chapter, by reason of any indebtedness of such person to the United States, and no debt due to the Secretary under the provisions of this chapter shall be set off against any payments owing by the United States, unless the Secretary shall find that such set-off will not adversely affect the objectives of this chapter. (July 22, 1937, ch. 517, title IV, § 49, 50 Stat. 531.)

8 1024. Taxation.—(a) All property which is being utilized to carry out the purposes of sections 1001-1006 or sections 1007-1009 of this title (other than property used solely for administrative purposes) shall, notwithstanding that legal title to such property remains in the Secretary or the Corporation, be subject to taxa. tion by the State, Territory, District, dependency, and political subdivision concerned, in the same manner and to the same extent as other similar property is taxed.

(b) All property to which subsection (a) of this section is inapplicable which is held by the Secretary or the Corporation

« SebelumnyaLanjutkan »