2015 North Dakota Century Code Title 4 Agriculture Chapter 4-23 Agricultural Conservation and Adjustment Law
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CHAPTER 4-23
AGRICULTURAL CONSERVATION AND ADJUSTMENT LAW
4-23-01. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "Other states of the United States" means and includes Puerto Rico.
2. "Person" means an individual, corporation, limited liability company, partnership, firm,
business trust, joint-stock company, association, syndicate, group, pool, joint venture,
and any other unincorporated association or group.
4-23-02. Soil Conservation and Domestic Allotment Act - Acceptance - Limitation of
powers under.
The state of North Dakota hereby assents to and accepts the provisions of the Soil
Conservation and Domestic Allotment Act and adopts the policy and purpose of cooperating
with the government and agencies of other states and of the United States and the
accomplishment of the policy and purposes specified in section 7 of said act, subject to the
following limitations:
1. The powers conferred in this chapter must be used to assist voluntary action
calculated to effectuate such purposes.
2. Such powers may be used to discourage the production of supplies of foods and fibers
in this state sufficient when taken together with the production thereof in other states of
the United States to maintain normal domestic human consumption as determined by
the secretary of agriculture of the United States from the records of consumption in the
years 1920 to 1929, inclusive, taking into consideration increased population,
quantities of any commodities that were forced into domestic consumption by a decline
in exports of particular commodities, and the quantities of substitutes available for
domestic consumption within any general class of food commodities.
3. In carrying out the purposes of this chapter, due regard must be given to the
maintenance of a continuous and stable national supply of agricultural commodities
adequate to meet consumer demand at prices fair to both producers and consumers.
4-23-03. North Dakota state university extension service designated as state agency.
The North Dakota state university of agriculture and applied science extension service is the
state agency to carry out the policy and purposes of this chapter and to formulate and
administer state plans pursuant to the terms of this chapter.
4-23-04. State agency to formulate agricultural plans - Investigations - Submission to
federal government.
The state agency shall formulate a state plan, hereinafter called "agricultural plan", for
carrying out the purposes of this chapter during each calendar year. The agricultural plan must
be submitted by the state agency to the secretary of agriculture of the United States annually for
and in the name of this state. In formulating the provisions of the agricultural plans, the state
agency shall consult with other agencies of this state qualified to assist therein, and shall
provide for such investigations as it considers necessary for the formulation and administration
of such agricultural plans. The state agency may modify or revise such agricultural plans in any
manner consistent with the purposes of this chapter which it may consider necessary to provide
for the substantial furtherance of the accomplishment of such purposes.
4-23-05. Contents of agricultural plans.
Every agricultural plan must provide for such educational programs as the state agency
determines to be necessary or proper to promote the substantial accomplishment of the
purposes of this chapter, and in addition thereto must:
1. Provide for the participation in its administration by such voluntary county and
community committees or associations of agricultural producers organized for that
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2.
3.
4.
purpose as the state agency determines necessary or proper for the effective
administration of the agricultural plan.
Provide for such adjustments, through agreements with agricultural producers or other
voluntary methods, in the utilization of land, in farming practices, and in the acreage or
production for market of agricultural products, as the state agency determines to be
calculated to effectuate the purposes of this chapter to such extent as may be possible
through the action of this state.
Provide for payments to agricultural producers in connection with the agreements and
methods set out in subsection 2 in such amounts as the state agency determines to be
fair and reasonable and calculated to promote the accomplishment of the purposes of
this chapter without depriving such producers of a voluntary and uncoerced choice of
action.
Contain an estimate of the expenditures necessary to carry out such agricultural plan,
together with a statement of such amount as the state agency determines to be
necessary to be paid by the secretary of agriculture of the United States as a grant in
aid of such agricultural plan under section 7 of the Soil Conservation and Domestic
Allotment Act in order to provide for the effective carrying out of such agricultural plan,
and must designate the amount and due date of each installment of such grant, the
period to which such installment relates, and the amount determined by the state
agency to be necessary to carry out such agricultural plan during such period.
4-23-06. State agency to receive and disburse all funds available under this chapter.
The state agency shall receive on behalf of this state all grants of money or other aid made
available from any source to assist the state in carrying out the policy and purposes of this
chapter. All such money or other aid together with any moneys appropriated or other provision
made by this state for such purpose must be available forthwith to the state agency for the
purpose of administering this chapter. If any funds or other aid have been received upon any
condition, such condition must be complied with by the state agency and such funds or other aid
used only in accordance with such condition. Subject to any condition upon which any such
money or other aid is made available to the state and to the terms of any applicable agricultural
plan made effective pursuant to this chapter, funds coming into the hands of the state agency
may be used for administrative expenses, equipment, costs of research and investigation, cost
of educational activities, compensation and expenses of the members of the state committee
hereinafter provided for, reimbursement of other state agencies or of voluntary committees or
associations of agricultural producers for costs advanced by such agencies, committees, or
associations in assisting in the administration of this chapter upon the written request of the
state agency, reimbursement of any other fund from which the state agency has made
expenditures in providing services in the administration of this chapter pursuant to section
4-23-03, payments to agricultural producers provided for in any agricultural plan made effective
pursuant to this chapter, salaries of employees, and all other expenditures requisite in carrying
out the provisions and purposes of this chapter.
4-23-07. State agency to keep accounts - Accounts to be credited.
The state agency shall provide for the keeping of full and accurate accounts showing all
receipts and expenditures of moneys, securities, or other property received, held, or expended
under this chapter and shall provide for the auditing of these accounts.
4-23-08. State agency to utilize available services.
The state agency shall utilize such available services and assistance of other state
agencies and of voluntary county and community committees and associations of agricultural
producers as it determines to be necessary or calculated to assist substantially in the effective
administration of this chapter.
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4-23-09. Agencies and officers of state authorized to assist state agency.
All the officers and agencies of this state shall, upon the written request of the state agency,
assist the state agency in carrying out the provisions of this chapter in any manner determined
by the state 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.
The state agency has authority:
1. To make rules and regulations and to do any and all other acts consistent with the
provisions of this chapter necessary or proper for the effective administration thereof.
2. To obtain, by lease or purchase, such equipment, office accommodations, facilities,
services, and supplies, and to employ such technical or legal experts or assistants and
such other employees, including clerical and stenographic help, as it determines to be
necessary or proper to carry out the provisions of this chapter, and to determine the
qualifications, duties, and compensation of such experts, assistants, and employees.
4-23-11. State agency to designate agricultural districts and communities.
The state agency shall designate:
1. Within the state, five agricultural districts so constituted that said districts will contain
approximately equal numbers of agricultural producers.
2. Within each county of the state, such geographic units, which must be called
"communities", as it shall determine to be the most convenient for the administration of
this chapter and of the agricultural plans adopted pursuant to the provisions of this
chapter, and shall establish the boundaries of such communities.
The state agency may revise the boundaries of such agricultural districts and communities in
conformity with the respective standards prescribed in this chapter, at such time or times as it
finds such revision to be necessary to cause such districts or communities to conform to said
standards or to provide for the more substantial or efficient accomplishment of the purposes of
this chapter.
4-23-12. Community and county committees.
The state agency shall provide by regulations:
1. For the organization, within each community, of a voluntary association in which all
agricultural producers are entitled to equal participation, and for the selection by each
such association of a community committee composed of three members of 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 of
a county committee for such county composed of three members of such community
committees, and for the selection of a chairman of each such county committee.
4-23-13. State committee - Members - Duties.
The state agency shall provide by regulations for the selection by the chairman of all the
county committees provided for in section 4-23-12 of five persons of legal age, residents in this
state, who must be selected with reference to their qualification by actual farming experience
and understanding of the agricultural problems of this state, to act as farmer members of the
state committee. No two persons who are residents in the same agricultural district may be
members of the state committee at the same time. The agriculture commissioner and the
director of the extension service are ex officio members of the state committee without the
power to vote. The state committee shall advise the state agency with regard to all matters of
major importance in carrying out the provisions of this chapter.
4-23-14. Reports by and to state agency - Enforcement of agricultural plan.
The state agency shall compile or require to be made such reports as it determines to be
necessary or proper to ascertain whether any agricultural plans provided for in this chapter are
being carried out according to their terms. The state agency shall provide for compliance on the
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part of all persons and agencies participating in the administration of any agricultural plan with
the requirements thereof, and may make, or cause to be made, such investigations as it
determines to be necessary or proper to assure the correctness and to make possible the
verification of such reports.
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