prices for the preceding ten years of the production of the excess acreage determined under item (3). The rate of payment used in making payments to the producers of each commodity shall be such that the estimated payments with respect to such commodity shall equal the amount of funds allocated to such commodity as herein provided. For the purpose of allocating funds and computing payments or grants the Secretary is authorized to consider as a commodity a group of commodities or a regional or market classification of a commodity. For the purpose of computing payments or grants, the Secretary is authorized to use funds allocated to two or more commodities produced on farms of a designated regional or other classification to compute payments with respect to one of such commodities on such farms, and to use funds, in an amount equal to the estimated payments which would be made in any county, for making payments pursuant to a special program under section 590h approved by the Secretary for such county: Provided, That farm acreage allotments shall be made for wheat in 1938, but in determining compliance wheat shall be considered in the group with other crops for which special acreage allotments are not made. (Apr. 27, 1935, ch. 85, § 15, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151, and amended Feb. 16, 1938, 3 p. m., ch. 30, title I, § 104, 52 Stat. 35.)

EFFECT OF AMENDMENT

Act Feb. 16, 1938, ch. 30, title I, § 105, 52 Stat. 36, as amended by act April 7, 1938, ch. 107, § 1, 52 Stat. 202, provided that amendment of this act affecting this section, "shall first be effective with respect to farming operations carried out in the calendar year 1938. Notwithstanding such amendments, payments with respect to farming operations carried out in the calendar year 1938 and based upon any soil-depleting crop for which special acreage allotments are established shall be made at not less than 90 per centum of the rates announced by the Secretary prior to the enactment of this act. Nothing contained herein shall require reconstituting, for 1938, any country or other local committee which has been constituted prior to February 1, 1938."

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of Interior, transfer to Department of Interior, see note under section 590a of this title.

§ 590p. Limitation on obligations incurred. The obligations incurred for the purpose of carrying out, for any calendar year, the provisions of sections 590g, 590h, 590i, 590j-590n, of this title shall not exceed $500,000,000. (Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151.)

§ 590q. Scope of application of chapter; "State" defined; short title. (a) Sections 590a-590h, 590i, 590j-590q, of this title shall apply to the United States, the Territories of Alaska and Hawaii, and the possession of Puerto Rico, and as used in such sections, the term "State" includes Alaska, Hawaii, and Puerto Rico.

(b) Such sections may be cited as the "Soil Conservation and Domestic Allotment Act". (Apr. 27, 1935, ch. 85, § 17, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151.)

§ 590q-1. Sale and distribution of supplies, materials, and equipment to other Government agencies; reimbursement.—The Soil Conservation Service may sell and distribute supplies, ma

terials, and equipment to other Government activities, the cost of such supplies and materials or the value of such equipment (including the cost of transportation and handling) to be reimbursed to appropriations current at the time additional supplies, materials, or equipment are procured from the appropriations chargeable with the cost or value of such supplies, materials, or equipment. (Sept. 21, 1944, ch. 412, title III, § 302 (b), 58 Stat. 738.)

CODIFICATION

This section was not enacted as a part of the Soil Conservation and Domestic Allotment Act.

This section was enacted as a part of the Department of Agriculture Organic Act of 1944.

FACILITIES FOR WATER STORAGE AND UTILIZATION

§ 590r. Declaration of policy. It is hereby recognized that the wastage and inadequate utilization of water resources on farm, grazing, and forest lands in the arid and semiarid areas of the United States resulting from inadequate facilities for water storage and utilization contribute to the destruction of natural resources, injuries to public health and public lands, droughts, periodic floods, crop failures, decline in standards of living, and excessive dependence upon public relief, and thereby menace the national welfare. It is therefore hereby declared to be the policy of Congress to assist in providing facilities for water storage and utilization in the arid and semiarid areas of the United States. (Aug. 28, 1937, ch. 870, § 1, 50 Stat. 869.)

§ 590s. Powers and duties of Secretary of Agriculture.-In order to effectuate the policy set out in section 590r of this title and promote proper land use in the said areas, the Secretary of Agriculture is hereby authorized, from time to time

(1) To formulate and keep current a program of projects for the construction and maintenance in the said areas of ponds, reservoirs, wells, check-dams, pumping installations, and other facilities for water storage or utilization, together with appurtenances to such facilities. The facilities to be included within such program shall be located where they will promote the proper utilization of lands and no such facilities shall be located where they will encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest;

(2) To construct and to sell or lease, with or without a money consideration, under such terms and conditions as will advance the purposes of sections 590r-590x of this title, the facilities mentioned in subsection (1) and included within the program there provided for, including the lands upon which such facilities are located if they have been acquired or reserved for the purposes of sections 590r-590x of this title;

(3) To cooperate or enter into agreements with, or to furnish financial or other aid to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary for the purposes of section 590r-590x of this title; and

650673°-46-52

(4) To obtain options upon and to acquire lands, or rights or interests therein, or rights to the use of water, by purchase, lease, gift, exchange, condemnation, or otherwise, only when necessary for the purposes of sections 590r-590x of this title. (Aug. 28, 1937, ch. 870, § 2, 50 Stat. 869.)

§ 590t. Location of projects.-The facilities included in the program provided for in section 590s of (1) of this title may be located

(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. (Aug. 28, 1937, ch. 870, § 3, 50 Stat. 869.)

§ 590u. State aid; requirements.-As a condition to extending benefits under sections 590r-590x 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 590r-590x of this title, require

(1) The enactment of State and local laws providing for soil conserving land uses and practices, and the storage, conservation and equitable utilization of waters;

(2) Agreements or covenants in regard to the maintenance and permanent use of such water, facilities, or lands benefited by such facilities;

(3) Contributions in money, services, materials, or otherwise to any operations conferring such benefits. (Aug. 28, 1937, ch. 870, § 4, 50 Stat. 870.)

§ 590v. Use of employees and agencies within Department of Agriculture. The Secretary of Agriculture, in administering the provisions of sections 590r-590x of this title, shall utilize the officers, employees, and facilities of agencies within the Department of Agriculture whose functions are related to the program provided for in sections 590r-590x of this title, and may allot to such agencies or transfer to such other agencies of the Federal Government as he may request to assist in carrying out any of the provisions of sections 590r-590x of this title, any funds available for the purposes of sections 590r-590x of this title. (Aug. 28, 1937, ch. 870, § 5, 50 Stat. 870.)

CROSS REFERENCE

Limitation of expenditures of Federal funds for any one project under sections 590r-590x, see section 590z-5 of this title.

§ 590w. Cooperation of governmental agencies; expenditures; rules and regulations. For the purposes of sections 590r-590x of this title, the Secretary of Agriculture may

(1) Secure the cooperation of any governmental agency; (2) 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, exchange, operation, and maintenance of passenger

carrying vehicles, for supplies and equipment, for traveling expenses and for other administrative expenses; and

(3) Perform such acts, and prescribe such rules and regulations as he may deem proper to carry out the provisions of sections 590r-590x of this title. (Aug. 28, 1937, ch. 80, § 6, 50 Stat. 870.)

CROSS REFERENCE

Limitation of expenditures of Federal funds for any one project under sections 590r-590x, see section 590z-5 of this title.

§ 590x. Appropriation.-There are hereby authorized to be appropriated for the purposes of sections 590r-590x of this title such sums as Congress may from time to time determine to be necessary. (Aug. 28, 1937, ch. 870, § 7, 50 Stat. 870.)

CROSS REFERENCE

Limitation of expenditures of Federal funds for any one project under sections 590r-590x, see section 590z-5 of this title.

CONSERVATION AND UTILIZATION PROJECTS

§ 590y. Authorization and purpose of investigation, construction, and maintenance of projects; title to projects; limitation on costs. For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent settlement of farm families, the Secretary of the Interior (hereinafter referred to as "the Secretary") 'is hereby authorized to investigate and, upon compliance with the provisions of this subchapter, to construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and to operate and maintain each such project in accordance with the provisions of sections 590y to 590z-10 of this title: Provided, That the United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress otherwise provides: And provided further, That expenditures from appropriations made directly pursuant to the authority contained in section 590z-10 (1) to meet reimbursable construction costs allocated to irrigation as defined in section 590z-2 (b) shall not exceed $2,000,000 for dams and reservoirs in any one project, and that expenditures from appropriations made directly pursuant to the authority contained in section 590z-10 (1) to meet costs allocated to flood control by the Secretary after consultation with the Chief of Engineers, War Department, shall not exceed $500,000 on any one project. (Aug. 11, 1939, ch. 717, § 1, 53 Stat. 1418; Oct. 14, 1940, ch. 861, 54 Stat. 1119; May 7, 1942, ch. 164, 56 Stat. 142; July 16, 1943, ch. 242, § 1, 57 Stat. 566.)

§ 590z. Utilization of services, materials, funds, etc., of Federal, State, or municipal agencies, or of individuals. In connection with the investigation, construction, or operation and maintenance of a project, pursuant to the authority of sections 590y to 590z-10 of this title, the Secretary is authorized to utilize (1) in such manner as the President may direct, services, labor, materials, or other property, including money, supplied by the Work Projects Administration, the Civilian Conservation Corps, the

Office of Indian Affairs, the Department of Agriculture, or any other Federal agency, for which the United States shall be reimbursed in such amounts as the President may fix for each project, within the limits of the water users' ability to repay costs as found by the Secretary under subsection 590z-1 (a) (iv); and (2) such services, labor, materials, easements or property, including money, as may be contributed by any State or political subdivision thereof, State agency, municipal corporation, or other organization, or individuals, if, in the judgment of the Secretary, the acceptance thereof will not impair the title of the United States to the project works and will not reduce the probability that the project water users can meet the obligations to the United States entered into pursuant to sections 590y to 590z10 of this title. Moneys received and accepted under (2) of this section shall be and remain available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (Aug. 11, 1939, ch. 717, § 2, 53 Stat. 1419; Oct. 14, 1940, ch. 861, 54 Stat. 1120.)

§ 590z-1. Prerequisites for construction of project.—(a) No construction of a project may be undertaken pursuant to the authority of sections 590y to 590z-10 of this title unless and until the Secretary has made an investigation thereof and has submitted to the President his report and findings on

(i) the engineering feasibility of the proposed construction; (ii) the estimated cost of the proposed construction;

(iii) the part of the estimated cost which properly can be allocated to irrigation;

(iv) the part of the estimated cost which probably can be repaid by the water users in accordance with the requirements of section 590z-2;

(v) the part of the estimated cost which can properly be allocated to municipal or miscellaneous water supplies or power and probably be returned to the United States in revenues therefrom;

(vi) the art of the estimated cost which can properly be allocated to the irrigation of Indian trust and tribal lands, and be repayable in accordance with existing law relating to Indian lands; (vii) the part of the estimated cost which can properly be allocated to flood control as recommended by the Secretary after consultation with the Chief of Engineers, War Department.

In connection with each such investigation, report, and finding, the Secretary shall consult with the Secretary of Agriculture regarding participation in the proposed project by the Department of Agriculture under the authority of sections 590z-3 and 590z-4; and the Secretary shall also transmit to the President a report by the Secretary of Agriculture to the President on the participation, if any, proposed by the Department of Agriculture. The project shall be deemed authorized and may be undertaken pursuant to sections 590y to 590z-10 of this title if (1) the Secretary finds and certifies to the President that the project has engineering feasibility and that the water users probably can repay, in accordance with the requirements of section 590z-2 an amount equal to or in excess of that part of the estimated cost allocated