---
kind: "section"
citation: "7 U.S.C. § 1291"
title: "7"
title_heading: "Agriculture"
number: "1291"
heading: "Adjustments in freight rates"
release: "119-102"
url: "https://uscodex.org/usc/7/1291"
units:
  - "Chapter 35 — Agricultural Adjustment Act of 1938"
  - "Subchapter I — Adjustment in Freight Rates, New Uses and Markets, and Disposition of Surpluses"
---

# §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](/usc/7/1502.md?p=b-4) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the [Board](/usc/7/1502.md?p=b-4). Before hearing or disposing of any complaint (filed by any [person](/usc/7/1471g.md?p=b-1) other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the [Board](/usc/7/1502.md?p=b-4) 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](/usc/7/1502.md?p=b-4) shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the [Board](/usc/7/1502.md?p=b-4) and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the [Board](/usc/7/1502.md?p=b-4)’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](/usc/7/1502.md?p=b-4) 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](/usc/7/1502.md?p=b-4) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

## Source credit

(Feb. 16, 1938, ch. 30, title II, § 201, 52 Stat. 36; Pub. L. 104–88, title III, § 311, Dec. 29, 1995, 109 Stat. 948.)

## Notes

### Editorial Notes

### 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).

### Statutory Notes and Related Subsidiaries

### 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 1301 of Title 49, Transportation.