4-23 Agricultural Conservation and Adjustment Law

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CHAPTER 4-23AGRICULTURAL CONSERVATION AND ADJUSTMENT LAW4-23-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1.&quot;Other states of the United States&quot; means and includes Puerto Rico.2.&quot;Person&quot; means an individual, corporation, limited liability company, partnership,<br>firm, business trust, joint-stock company, association, syndicate, group, pool, joint<br>venture, and any other unincorporated association or group.4-23-02. Soil Conservation and Domestic Allotment Act - Acceptance - Limitationof powers under. The state of North Dakota hereby assents to and accepts the provisions of<br>the Soil Conservation and Domestic Allotment Act and adopts the policy and purpose of<br>cooperating with the government and agencies of other states and of the United States and the<br>accomplishment of the policy and purposes specified in section 7 of said act, subject to the<br>following limitations:1.The powers conferred in this chapter must be used to assist voluntary action<br>calculated to effectuate such purposes.2.Such powers may be used to discourage the production of supplies of foods and<br>fibers in this state sufficient when taken together with the production thereof in other<br>states of the United States to maintain normal domestic human consumption as<br>determined by the secretary of agriculture of the United States from the records of<br>consumption in the years 1920 to 1929, inclusive, taking into consideration<br>increased population, quantities of any commodities that were forced into domestic<br>consumption by a decline in exports of particular commodities, and the quantities of<br>substitutes available for domestic consumption within any general class of food<br>commodities.3.In carrying out the purposes of this chapter, due regard must be given to the<br>maintenance of a continuous and stable national supply of agricultural commodities<br>adequate to meet consumer demand at prices fair to both producers and<br>consumers.4-23-03.North Dakota state university extension service designated as stateagency. The North Dakota state university of agriculture and applied science extension service<br>is the state agency to carry out the policy and purposes of this chapter and to formulate and<br>administer state plans pursuant to the terms of this chapter.4-23-04. State agency to formulate agricultural plans - Investigations - Submissionto federal government.The state agency shall formulate a state plan, hereinafter called&quot;agricultural plan&quot;, for carrying out the purposes of this chapter during each calendar year. The<br>agricultural plan must be submitted by the state agency to the secretary of agriculture of the<br>United States annually for and in the name of this state. In formulating the provisions of the<br>agricultural plans, the state agency shall consult with other agencies of this state qualified to<br>assist therein, and shall provide for such investigations as it considers necessary for the<br>formulation and administration of such agricultural plans. The state agency may modify or revise<br>such agricultural plans in any manner consistent with the purposes of this chapter which it may<br>consider necessary to provide for the substantial furtherance of the accomplishment of such<br>purposes.4-23-05. Contents of agricultural plans. Every agricultural plan must provide for sucheducational programs as the state agency determines to be necessary or proper to promote the<br>substantial accomplishment of the purposes of this chapter, and in addition thereto must:Page No. 11.Provide for the participation in its administration by such voluntary county and<br>community committees or associations of agricultural producers organized for that<br>purpose as the state agency determines necessary or proper for the effective<br>administration of the agricultural plan.2.Provide for such adjustments, through agreements with agricultural producers or<br>other voluntary methods, in the utilization of land, in farming practices, and in the<br>acreage or production for market of agricultural products, as the state agency<br>determines to be calculated to effectuate the purposes of this chapter to such extent<br>as may be possible through the action of this state.3.Provide for payments to agricultural producers in connection with the agreements<br>and methods set out in subsection 2 in such amounts as the state agency<br>determines to be fair and reasonable and calculated to promote the accomplishment<br>of the purposes of this chapter without depriving such producers of a voluntary and<br>uncoerced choice of action.4.Contain an estimate of the expenditures necessary to carry out such agricultural<br>plan, together with a statement of such amount as the state agency determines to<br>be necessary to be paid by the secretary of agriculture of the United States as a<br>grant in aid of such agricultural plan under section 7 of the Soil Conservation and<br>Domestic Allotment Act in order to provide for the effective carrying out of such<br>agricultural plan, and must designate the amount and due date of each installment<br>of such grant, the period to which such installment relates, and the amount<br>determined by the state agency to be necessary to carry out such agricultural plan<br>during such period.4-23-06.State agency to receive and disburse all funds available under thischapter. The state agency shall receive on behalf of this state all grants of money or other aid<br>made available from any source to assist the state in carrying out the policy and purposes of this<br>chapter. All such money or other aid together with any moneys appropriated or other provision<br>made by this state for such purpose must be available forthwith to the state agency for the<br>purpose of administering this chapter. If any funds or other aid have been received upon any<br>condition, such condition must be complied with by the state agency and such funds or other aid<br>used only in accordance with such condition. Subject to any condition upon which any such<br>money or other aid is made available to the state and to the terms of any applicable agricultural<br>plan made effective pursuant to this chapter, funds coming into the hands of the state agency<br>may be used for administrative expenses, equipment, costs of research and investigation, cost of<br>educational activities, compensation and expenses of the members of the state committee<br>hereinafter provided for, reimbursement of other state agencies or of voluntary committees or<br>associations of agricultural producers for costs advanced by such agencies, committees, or<br>associations in assisting in the administration of this chapter upon the written request of the state<br>agency, reimbursement of any other fund from which the state agency has made expenditures in<br>providing services in the administration of this chapter pursuant to section 4-23-03, payments to<br>agricultural producers provided for in any agricultural plan made effective pursuant to this<br>chapter, salaries of employees, and all other expenditures requisite in carrying out the provisions<br>and purposes of this chapter.4-23-07. State agency to keep accounts - Accounts to be credited. The state agencyshall provide for the keeping of full and accurate accounts showing all receipts and expenditures<br>of moneys, securities, or other property received, held, or expended under this chapter and shall<br>provide for the auditing of these accounts.4-23-08. State agency to utilize available services. The state agency shall utilize suchavailable services and assistance of other state agencies and of voluntary county and community<br>committees and associations of agricultural producers as it determines to be necessary or<br>calculated to assist substantially in the effective administration of this chapter.Page No. 24-23-09. Agencies and officers of state authorized to assist state agency. All theofficers and agencies of this state shall, upon the written request of the state agency, assist the<br>state agency in carrying out the provisions of this chapter in any manner determined by the state<br>agency to be necessary or appropriate for the effective administration of the chapter.4-23-10. State agency may make rules and secure equipment and assistance. Thestate agency has authority:1.To make rules and regulations and to do any and all other acts consistent with the<br>provisions of this chapter necessary or proper for the effective administration<br>thereof.2.To obtain, by lease or purchase, such equipment, office accommodations, facilities,<br>services, and supplies, and to employ such technical or legal experts or assistants<br>and such other employees, including clerical and stenographic help, as it determines<br>to be necessary or proper to carry out the provisions of this chapter, and to<br>determine the qualifications, duties, and compensation of such experts, assistants,<br>and employees.4-23-11. State agency to designate agricultural districts and communities. Thestate agency shall designate:1.Within the state, five agricultural districts so constituted that said districts will contain<br>approximately equal numbers of agricultural producers.2.Within each county of the state, such geographic units, which must be called<br>&quot;communities&quot;, as it shall determine to be the most convenient for the administration<br>of this chapter and of the agricultural plans adopted pursuant to the provisions of this<br>chapter, and shall establish the boundaries of such communities.The state agency may revise the boundaries of such agricultural districts and communities in<br>conformity with the respective standards prescribed in this chapter, at such time or times as it<br>finds such revision to be necessary to cause such districts or communities to conform to said<br>standards or to provide for the more substantial or efficient accomplishment of the purposes of<br>this chapter.4-23-12.Community and county committees.The state agency shall provide byregulations:1.For the organization, within each community, of a voluntary association in which all<br>agricultural producers are entitled to equal participation, and for the selection by<br>each such association of a community committee composed of three members of<br>the association, and for the selection of a chairman of each community committee.2.For the selection by the members of the community committees within each county<br>of a county committee for such county composed of three members of such<br>community committees, and for the selection of a chairman of each such county<br>committee.4-23-13. State committee - Members - Duties. The state agency shall provide byregulations for the selection by the chairman of all the county committees provided for in section<br>4-23-12 of five persons of legal age, residents in this state, who must be selected with reference<br>to their qualification by actual farming experience and understanding of the agricultural problems<br>of this state, to act as farmer members of the state committee.No two persons who areresidents in the same agricultural district may be members of the state committee at the same<br>time.The agriculture commissioner and the director of the extension service are ex officiomembers of the state committee without the power to vote. The state committee shall advise the<br>state agency with regard to all matters of major importance in carrying out the provisions of this<br>chapter.Page No. 34-23-14. Reports by and to state agency - Enforcement of agricultural plan. Thestate agency shall compile or require to be made such reports as it determines to be necessary<br>or proper to ascertain whether any agricultural plans provided for in this chapter are being carried<br>out according to their terms. The state agency shall provide for compliance on the part of all<br>persons and agencies participating in the administration of any agricultural plan with the<br>requirements thereof, and may make, or cause to be made, such investigations as it determines<br>to be necessary or proper to assure the correctness and to make possible the verification of such<br>reports.Page No. 4Document Outlinechapter 4-23 agricultural conservation and adjustment law