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(4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of sections 590a-590h, 590i, 590j-590q of this title. (Apr. 27, 1935, ch. 85, § 1, 49 Stat. 163.)
TRANSFER OF FUNCTIONS Functions of Soil Conservation , Service in Department of Agriculture with respect to soil and moisture conservation operations conducted on lands under jurisdiction of Department of Interior were transferred to Department of Interior, to be administered under direction and supervision of Secretary of Interior through such agency or agencies in Department of Interior as Secretary shall designate by Reorg. Plan No. IV, § 6, eff. June 30, 1940, 5 Fed. Reg. 2421, 54 Stat. set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees.
Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.
$ 590b. Lands on which preventive measures may be taken.The acts authorized in section 590a (1) and (2) may be performed
(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands. (Apr. 27, 1935, ch. 85, $ 2, 49 Stat. 163.)
$ 590c. Conditions under which benefits of law extended nongovernment controlled lands.-As a condition to the extending of any benefits under sections 590a-590h, 590i, 590j-590q of this title to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of sections 590a-590h, 590i, 590j-590q of this title, require
(1) The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for the prevention of soit erosion;
(2) Agreements or covenants as to the permanent use of such lands; and
(3) Contributions in money, services, materials, or otherwise, to any operations conferring such benefits. (Apr. 27, 1935, ch 85, § 3, 49 Stat. 163.)
TRANSFER OF FUNCTIONS Functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
8 590d. Cooperation of governmental agencies; officers and employees, appointment and compensation; expenditures for personal services and supplies. For the purposes of sections 590a-590h, 590i, 590j-5907 of this title, the Secretary of Agriculture may
(1) Secure the cooperation of any governmental agency;
(2) Subject to the provisions of the civil-service laws and sections 661-663, 664-673, 674 of Title 5, appoint and fix compensation of such officers and employees as he may deem necessary,
except for a period not to exceed eight months from the date of this enactment, the Secretary of Agriculture may make appointments and may continue employees of the organization heretofore established for the purpose of administering those provisions of sections 401-414 of Title 40 which relate to the prevention of soil erosion, without regard to the civil-service laws or regulations and sections 661-663, 664-673, 674 of Title 5; and any persons with technical or practical knowledge may be employed and compensated under sections 590a-590h, 590i, 590j-590q of this title on a basis to be determined by the Civil Service Commission; and
(3) Make expenditures for personal services and rent in the District of Columbia and elsewhere, for the purchase of law books and books of reference, for printing and binding, for the purchase, operation, and maintenance of passenger-carrying vehicles, and perform such acts, and prescribe such regulations, as he may deem proper to carry out the provisions of sections 590a-590h, 590i, 590-590 of this title. (Apr. 27, 1935, ch. 85, § 4, 49 Stat. 164.)
TRANSFER OF FUNCTIONS Transfer of functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
§ 590e. Soil Conservation Service; establishment; utilization and transfer of existing governmental agencies.—The Secretary of Agriculture shall establish an agency to be known as the "Soil Conservation Service”, to exercise the powers conferred on him by sections 590a-590h, 590i, 590j-5907 of this title and may utilize the organization heretofore established for the purpose of administering those provisions of sections 402 and 403 of Title 40 which relate to the prevention of soil erosion, together with such personnel thereof as the Secretary of Agriculture may determine, and all unexpended balances of funds heretofore allotted to said organization shall be available until June 30, 1937, and the Secretary of Agriculture shall assume all obligations incurred by said organization prior to transfer to the Department of Agriculture. In order that there may be proper coordination of erosion-control activities the Secretary of Agriculture may transfer to the agency created under sections 590a-590h, 590i, 590j. 590q of this title such functions, funds, personnel, and property of other agencies in the Department of Agriculture as he may from time to time determine. (Apr. 27, 1935, ch. 85, § 5, 49 Stat. 164.)
APPROPRIATION A provision of the section cited to text, omitted as executed, made funds provided in H. J. Res. 117, Apr. 8, 1935, ch. 48, 49 Stat. 115, available for expenditure under this chapter.
8 590e-1. Same; limitations on cost of construction, purchase, or improvement of buildings. The cost to the Soil Conservation Service of any building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same with any such building, shall not exceed $2,500 except where buildings are acquired in conjunction with land being purchased for other purposes and except for eight
buildings to be constructed at a cost not to exceed $15,000 per building. (June 4, 1936, ch. 489, title I, 49 Stat. 1436; June 29, 1937, ch. 404, § 1, 50 Stat. 410, June 16, 1938, ch. 464, § 1, 52 Stat. 725; June 30, 1939, ch. 253, § 1, 53 Stat. 954; June 25, 1940, ch. 421, § 1, 54 Stat. 545; July 1, 1941, ch. 267, § 1, 55 Stat. 421; July 22, 1942, ch. 516, § 1, 56 Stat. 679; July 12, 1943, ch. 215, f 1, 57 Stat. 411; June 28, 1944, ch. 296, § 1, 58 Stat. 451.)
§ 590f. Appropriation authorized. There are hereby authorized to be appropriated for the purposes of sections 590a-590h, 590i, 590j-590q, of this title such sums as Congress may from time to time determine to be necessary.
Appropriations for carrying out sections 590a-590e, 590f-590h, 590i, 5903-590q of this title allocated for the production or procurement of nursery stock by any Federal agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years. (Apr. 27, 1935, ch. 85, § 6, 49 Stat. 164; Sept. 21, 1944, ch. 412, title III, § 302 (a), 58 Stat. 738.)
CODIFICATION This section was amended by the Department of Agriculture Organic Act of 1944.
8 590g. Additional policies and purposes of chapter.-(a) Purposes enumerated. It is hereby declared to be the policy of sections 590a-590h, 590i, 590j-590q, of this title also to secure, and the purposes of such sections shall also include, (1) preservation and improvement of soil fertility; (2) promotion of the economic use and conservation of land; (3) diminution of exploitation and wasteful and unscientific use of national soil resources; (4) the protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; and (5) reestablishment, at as rapid a rate as the Secretary of Agriculture determines to be practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909-July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio. The powers conferred under this section and sections 590h, 590i, 590j-590n, of this title shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the Secretary from the records of domestic human consumption in the years 1920 to 1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domestic consumption by decline in exports during such period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. In carrying out the purposes of this section due regard shall be given to the maintenance of a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers.
(b) Cooperation with States; grants.—The Secretary of Agriculture shall cooperate with States, in the execution of State plans to effectuate the purposes of this section, by making grants under this section to enable them to carry out such plans.
(c) State plans.—Any State which submits to the Secretary, prior to such time and in such manner and form as the Secretary prescribes, a State plan to effectuate the purposes of this section shall be entitled to payments, as provided in this section, for the year to which such plan is applicable, if such plan is approved by the Secretary as provided in this section.
(d) Conditions of plans.—No such plan shall be approved unless by its terms: (1) It provides that the agency to administer the plan shall be such State agency as may be designated by the Secretary if such agency is authorized by the State, or such other State agency as is authorized by the State and approved by the Secretary.
(2) It provides for such methods of administration, and such participation in the administration of the plan by county and community committes or associations of agricultural producers organized for such purpose, as the Secretary finds necessary for the effective administration of the plan; and
(3) It provides for the submission to the Secretary of such reports as he finds necessary to ascertain whether the plan is being carried out according to its terms, and for compliance with such requirements as the Secretary may prescribe to assure the correctness of and make possible the verifications of such reports.
(e) Approval of plans.-Such plan shall be approved if the Secretary finds that there is a reasonable prospect that,
(1) Substantial accomplishment in effectuating the purposes of this section will be brought about through the operation of such plan and the plans submitted by other States, and
(2) The operation of such plan will result in as substantial a furtherance of such accomplishment as may reasonably be achieved through the action of such State.
(f) Allocation of funds.-Upon approval of any State plan for any year the Secretary shall allocate to such State such sum (not in excess of the maximum amount fixed in pursuance of subsection (g) for such State for such year) as he finds necessary to carry out such plan for such year, and thereupon shall certify to the Secretary of the Treasury for payment to such agency of the State as the Secretary of Agriculture certifies is designated in the plan, and the Secretary of the Treasury shall pay to such agency, one-fourth of the amount so allocated. The remainder of the amount so allocated shall be similarly certified and paid in such installments (payable prior to the end of the calendar year) as may be provided in the plan. No such installment shall be certified for payment if the Secretary of Agriculture finds that, prior to the due date of such installment, there has been a substantial failure by the State to carry out the plan
according to its terms, or that the further operation of the plan according to its terms will not tend to effectuate the purposes of this section. No amount shall be certified for payment under any such installment in excess of the amount the Secretary finds necessary for the effective carrying out of the plan during the period to which the installment relates.
(g) Apportionment of funds.—On or before November 1 of each year, the Secretary shall apportion among the several States the funds which will be available for carrying out State plans during the next calendar year, and in determining the amount to be apportioned to each State, the Secretary shall take into consideration the acreage and value of the major soil depleting and major export crops produced in the respective States during a representative period and the acreage and productivity of land devoted to agricultural production (including dairy products) in the respective States during a representative period: Provided, however, That any such apportionment of funds available for carrying out State plans during any year prior to 1942 may be made at any time prior to or during the year to which such plans relate notwithstanding the making of an apportionment to any State for any calendar year, the funds apportioned to any State for which no plan has been approved for such year, and any amount apportioned to any State which is not required to carry out an approved plan for such State for such year, shall be available for carrying out the provisions of this section and sections 590h, 590i, 590j-590n of this title. (Apr. 27, 1935, ch. 85, § 7, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1148, and amended June 28, 1937, ch. 395, § 1, 50 Stat. 329.)
TRANSFER OF FUNCTIONS Functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
§ 590h. Payments and grants of aid.—(a) Duration of authority of Secretary of Agriculture.-In order to carry out the purposes specified in section 590g (a) of this title during the period necessary to afford a reasonable opportunity for legislative action by a sufficient number of States to assure the effectuation of such purposes by State action and in order to promote the more effective accomplishment of such purposes by State action thereafter, the Secretary shall exercise the powers conferred in this section during the period prior to January 1, 1947, except with respect to farming operations commenced in any State after the effective date of a State plan for such State approved pursuant to section 590g of this title. No such powers shall be exercised after December 31, 1946, except with respect to payments or grants in connection with farming operations carried out prior to January 1, 1947.
(b) Payments and grants of aid; local, county, State committees; rules and regulations.—Subject to the limitations provided in subsection (a) of this section, the Secretary shall have power to carry out the purposes specified in clauses (1), (2), (3), (4), and (5) of section 590 g (a) of this title by making payments or grants of other aid to agricultural producers, including tenants