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Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069.
POLICY Declaration of policy to continue the Soil Conservation and Domestic Allotment Act, see section 1282 of Title 7, Agriculture.
CROSS REFERENCES Finality of payments and loans under this chapter, see section 1385 of Title 7, Agriculture.
SECTION REFFERED TO IN OTHER SECTIONS This section is referred to in section 590b of this title.
$ 590b. Lands on which preventive measures may be
taken. The acts authorized in section 590a (1) and (2) of this title 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.)
or regulations and chapter 51 and subchapter III of chapter 53 of Title 5, and any persons with technical or practical knowledge may be employed and compensated under this chapter 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 this chapter. (Apr. 27, 1935, ch. 85, § 4, 49 Stat. 164; Oct. 8, 1949, ch. 782, title XI, $ 1106 (a), 63 Stat. 972.)
REFERENCES IN TEXT The civil-service laws, referred to in the text, are classified generally to Title 5, Government Organization and Employees.
The National Industrial Recovery Act, referred to in the text, was formerly classified to sections 401 to 414 of Title 40, Public Buildings, Property and Works, and terminated June 30, 1943, by the provisions of act June 27, 1942, ch, 450, § 1, 56 Stat. 410.
AMENDMENTS 1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923," which for purposes of codification has bee translated as chapter 51 and subchapter III of chapter 53 of Title 5.
TRANSFER OF FUNCTIONS Transfer of functions respecting lands under jurisdiction of Department of Interior, see note under section 690a of this title.
& 590c. Conditions under which benefits of law ex
tended nongovernment controlled lands. As a condition to the extending of any benefits under this chapter 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 this chapter, 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 soil 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.
$ 590d. Cooperation of governmental agencies; offi
cers and employees, appointment and compensation; expenditures for personal services and sup
plies. For the purposes of this chapter, the Secretary of Agriculture may
(1) Secure the cooperation of any governmental agency:
(2) Subject to the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 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 the National Industrial Recovery Act which relate to the prevention of soil erosion, without regard to the civil-service laws
8 590e. Soil Conservation Service; establishment; uti.
lization 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 this chapter and may utilize the organization heretofore established for the purpose of administering those provisions of sections 202 and 203 of the National Industrial Recovery Act 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 this chapter 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.)
REFERENCES IN TEXT Sections 202 and 203 of the National Industrial Recovery Act, referred to in the text, formerly classified to sections 402 and 403 of Title 40, Public Buildings, Property and Works, terminated June 30, 1943, by the provisions of act June 27, 1942, ch. 450, § 1, 56 Stat. 410.
APPROPRIATION A provision of section 5 of act Apr. 27, 1935, omitted as executed, made funds provided in Joint Res., Apr. 8, 1935, ch. 48, 49 Stat. 115, available for expenditure under this chapter.
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)-(g) Repealed. Pub. L. 87-703, title I, § 101(1),
Sept. 27, 1962, 76 Stat. 605. (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; Sept. 27, 1962, Pub. L. 87-703, title I, § 101(1), 76 Stat. 605.)
AMENDMENTS 1962–Subsecs. (b)-(8). Pub. L. 87-703 repealed subsecs. (b)-(8) which provided for State plans as follows: subsec. (b), cooperation with States by making grants; subsec. (c), State plans; subsec. (d), conditions of plans; subsec. (e), approval of plans; subsec. (1), allocation of funds; and subsec. (g), apportionment of funds.
1937–Subsec. (g). Act June 28, 1937, substituted "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" for "apportionments of funds avallable for carrying out the purposes specified in this section for the year 1936 may be made at any time during 1936, and apportionments for 1937 may be made at any time during 1937".
TRANSFER OF FUNCTIONS Functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
Emergency farm acreage allotment, see note set out under sections 1334, 1344, and 1358 of Title 7, Agriculture.
Utilization of local agencies, see sections 1388 and 1805 of Title 7.
Wheat marketing quotas, penalty provisions, see sections 1330 (7) and 1340 (7) of Title 7.
SECTION REFFERED TO IN OTHER SECTIONS This section is referred to in sections 590h, 590h 4, 5901, 5901, 590m, 590n, 5900, 590p of this title.
$ 590f. Appropriation authorized.
There are authorized to be appropriated for the purposes of this chapter such sums as Congress may from time to time determine to be necessary.
Appropriations for carrying out this chapter 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.)
AMENDMENTS 1944-Act Sept. 21, 1944, added par. beginning "Appropriations for carrying". 8590g. Additional policies and purposes of chapter. (a) Purposes enumerated.
It is declared to be the policy of this chapter also to secure, and the purposes of this chapter 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, and 590% to 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
8 590g-1. Allocation for county agricultural conserva
tion program; amount withheld; use; deposit of funds.
CODIFICATION Section, acts July 5, 1952, ch. 574, title I, $ 101, 66 Stat. 347; July 28, 1953, ch. 251, title I, $ 101, 67 Stat. 216, which related to allocations to the Soil Conservation Service for services of its technicians in formulating and carrying out the agricultural conservation program in the participating countles, was apparently restricted to the appropriation acts of which in each case it was a part, and has been omitted from the code.
8 590g-2. Allocation for State agricultural conserva
tion program; amount withheld; use. Not to exceed 22 per centum of the allocation for the agricultural conservation program for any State may be utilized in determining the most needed conservation practices on individual farms for which Federal assistance shall be given. (July 5, 1952, ch. 574, title I, § 101, 66 Stat. 347.)
CODIFICATION The text of section is from Department of Agricul. ture Appropriation Act, 1953, and not from the Soil Con. servation and Domestic Allotment Act which comprises this chapter.
8 590h. Payments and grants of aid. (a) Repealed. Pub. L. 87-703, title I, § 101(2), Sept. 27,
1962, 76 Stat. 605. (b) Payments and grants of aid; local, county, State
committees; rules and regulations. The Secretary shall have power to carry out the purposes specified in clauses (1), (2), (3), (4), and (5) of section 590g (a) of this title by making payments or grants of other aid to agricultural producers, including tenants and sharecroppers, in amounts determined by the Secretary to be fair and reasonable in connection with the effectuation of such purposes during the year with respect to which such payments or grants are made, and measured by (1) their treatment or use of their land, or a part thereof, for soil restoration, soil conservation, or the prevention of erosion; (2) changes in the use of their land; (3) their equitable share, as determined by the Secretary, of the normal national production of any commodity or commodities required for domestic consumption; or (4) their equitable share, as determined by the Secretary, of the national production of any commodity or commodities required for domestic consumption and exports adjusted to reflect the extent to which their utilization of cropland on the farm conforms to farming practices which the Secretary determines will best effectuate the purposes specified in section 590g(a) of this title; or (5) any combination of the above. Clauses (1) and (2) above shall be construed to cover water conservation and the beneficial use of water on individual farms, including measures to prevent run-off, the building of check dams and ponds, and providing facilities for applying water to the land. In determining the amount of any payment or grant measured by (1) or (2) the Secretary shall take into consideration the productivity of the land affected by the farming practices adopted during the year with respect to which such payment is made. In carrying out the provisions of this section in the States of the Union, except Alaska, the Secretary is directed to utilize the services of local and State committees selected as hereinafter provided. The Secretary shall designate local administrative areas as units for administration of programs under this section. No such local area shall include more than one county or parts of different counties. Farmers within any such local administrative area, and participating or cooperating in programs administered within such area, shall elect annually from among their number a local committee of not more than three members for such area. The members of the local committees shall, in & county convention, nominate and elect a county committee which shall consist of three members who are farmers in the county. At the first county convention held on or after January 1, 1965, one member of the county committee shall be elected for one year; one member shall be elected for two years; and one member shall be elected for three years. Thereafter, each member of a county committee shall be elected for a term of three years. No member of the county committee shall be elected for more than three consecutive terms (exclusive of any term which began prior to January 1, 1965). The local committee shall select a secretary and may utilize the county agricultural extension agent for such purpose. The county committee shall select a secretary who may be the county agricultural extension agent. If such county agricultural extension agent shall not have been elected secretary of such
committee, he shall be ex officio a member of the county committee. The county agricultural extension agent shall not have the power to vote. In any county in which there is only one local committee the local committee shall also be the county committee. In each State there shall be a State committee for the State composed of not less than three or more than five farmers who are legal residents of the State and who are appointed by the Secretary. The State director of the Agricultural Extension Service shall be ex officio a member of such State committee. The ex officio members of the county and State committees shall be in addition to the number of members of such committees hereinbefore specified. The Secretary shall make such regulations as are necessary relating to the selection and exercise of the functions of the respective committees, and to the administration, through such commi es, of such programs. In carrying out the provisions of this section, the Secretary shall, as far as practicable, protect the interests of tenants and sharecroppers; is authorized to utilize the agricultural extension service and other approved agencies; shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress and as will tend to promote efficient methods of marketing and distribution; shall not have power to acquire any land or any right or interest therein; shall, in every practicable manner, protect the interests of small producers; and shall in every practical way encourage and provide for soil-conserving and soil-rebuilding practices rather than the growing of soil-depleting crops. Rules and regulations governing payments or grants under this subsection shall be as simple and direct as possible, and, whereever practicable, they shall be classified on two bases: (a) Soil-depleting crops and practices, (b) soil-building crops and practices.
Notwithstanding any other provision of law, in making available conservation materials consisting of seeds, seed inoculants, fertilizers, liming and other soil-conditioning materials, trees, or plants, or in making available soil-conserving and soil-building services, to agricultural producers under this subsection, the Secretary may make payments, in advance of determination of performance by the producers, to persons who will purchase orders covering approved conservation materials or covering soil-conserving or soil-building services, furnished to producers, or who render services to the Secretary in delivering to producers approved conservation materials, for the carrying out, by the producers, of soil-building or soil-conserving practices approved by the Secretary. The price at which purchase orders for any conservation materials or services are filled may be limited to a fair price fixed in accordance with regulations prescribed by the Secretary.
Appropriations are authorized for the purchase in advance of the program year for which the appropriation is made of seeds, fertilizers, lime, trees, or any other farming materials or any soil-terracing seryices, and making grants thereof to agricultural producers to aid them in carrying out farming practices approved by the Secretary in programs under this chapter; for the reimbursement of any Federal, State, or local government agency for fertilizers, seeds, lime, trees, or other farming materials, or any soil-terracing services, furnished by such agency: and for the payment of all expenses necessary in making such grants, including all or part of the costs incident to the delivery thereof. (c) Apportionment of acreage allotments.
(1) In apportioning acreage allotments under this section in the case of wheat and corn, the National and State allotments and the allotments to counties shall be apportioned annually on the basis of the acreage seeded for the production of the commodity during the ten calendar years immediately preceding the calendar year in which the national acreage allotment is determined (plus, in applicable years, the acreage diverted under previous agricultural adjustment and conservation programs), with adjustments for abnormal weather conditions and trends in acreage during the applicable period.
(2) In the case of wheat, the allotment to any county shall be apportioned annually by the Secretary, through the local committees, among the farms within such county on the basis of tillable acres, crop-rotation practices, type of soil, and topography. Not more than 3 per centum of such county allotment shall be apportioned to farms on which wheat has not been planted during any of the three marketing years immediately preceding the marketing year in which the allotment is made. Notwithstanding any other provision of this section, the allotments established, or which would have been established, for any farm acquired in 1940 or thereafter by the United States for national-defense purposes shall be placed in an allotment pool and shall be used only to establish allotments for other farms owned or acquired by the owner of the farm so acquired by the United States. The allotments so made for any farm, including a farm on which wheat has not been planted during any of the three marketing years preceding the marketing year in which the allotment is made, shall compare with the allotments established for other farms in the same area which are similar except for the past acreage of wheat.
(3) In the case of corn, the allotment to any county shall be apportioned annually by the Secretary, through the local committees, among the farms within such county on the basis of tillable acreage, type of soil, topography, and crop-rotation practices.
(4) Repealed. Apr. 10, 1939, ch. 48, 53 Stat. 573.
(5) In determining normal yield per acre for any county under this section in the case of wheat or corn, the normal yield shall be the average yield per acre therein for such commodity during the ten calendar years immediately preceding the calendar year in which such yield is determined, adjusted for abnormal weather conditions and trends in yields. If for any reason there is no actual yield, or the data therefor are not available for any year, then an appraised yield for such year, determined in accordance with regulations of the Secretary, shall be used. If,
on account of drought, flood, insect pests, plant disease, or other uncontrollable natural cause, the yield in any year of such ten-year period is less than 75 per centum of the average (computed without regard to such year), such year shall be eliminated in calculating the normal yield per acre. Such normal yield per acre for any county need be redetermined only when the actual average yield for the ten calendar years immediately preceding the calendar year in which such yield is being reconsidered differs by at least 5 per centum from the actual average yield for the ten years upon which the existing normal yield per acre for the county was based.
(6) In determining normal yield per acre for any farm under this section in the case of wheat or corn, the normal yield shall be the average yield per acre thereon for such commodity during the ten calendar years immediately preceding the calendar year in which such yield is determined, adjusted for abnormal weather conditions and trends in yields. If for any such year the data are not available, or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations of the Secretary, taking into consideration abnormal weather conditions, the normal yield for the county. and the yield in years for which data are available. (d) Conditions affecting payments or grants of aid.
Any payment or grant of aid made under subsection (b) shall be conditioned upon the utilization of the land, with respect to which such payment is made, in conformity with farming practices which the Secretary finds tend to effectuate any one or more of the purposes specified in clauses (1)-(4) or (5) of section 590g (a) of this title.
Any payment made under subsection (b) with respect to any farm (except for lands which the Secretary determines should not be utilized for the harvesting of crops but should be permanently used for grazing purposes only) shall, if the number of cows kept on such farm, and in the county in which such farm is located, for the production of milk or products thereof (for market), exceeds the normal number of such cows, be further conditioned upon the utilization of the land, with respect to which such payment is made, so that soil-building and soil. conserving crops planted or produced on an acreage equal to the land normally used for the production of soil-depleting crops but, as a condition of such payment, not permitted to be so used, shall be used for the purpose of building and conserving the fertility of the soil, or for the production of agricultural commodities to be consumed on the farm, and not for market. Whenever It is determined that a county, as a whole, is in substantial compliance with the provisions of this paragraph, no payment shall be denied any individual farmer in the county by reason of this paragraph; and no payment shall be denied a farmer by reason of this paragraph unless it has been determined that the farmer has not substantially complied with the provisions of this paragraph. Whenever the Secretary finds that by reason of drought, flood, or other disaster, a shortage of seed exists in any area, he shall so declare, and to the extent and for the period he finds necessary to relieve such shortage, the operation of
the condition provided in this paragraph shall be suspended in such area and, if necessary to relieve such shortage, in other areas defined by him. As used in this paragraph, the term "for market" means for disposition by sale, barter, or exchange, or by feeding (in any form) to dairy livestock which, or the products of which, are to be sold, bartered, or exchanged; and such term shall not include consumption on the farm. An agricultural commodity shall be deemed consumed on the farm if consumed by the farmer's family, employees, or household, or if fed to poultry or livestock other than dairy livestock on his farm; or if fed to dairy livestock on his farm and such dairy livestock, or the products thereof, are to be consumed by his family, employees, or household. Whenever the Secretary has reason to believe the income of producers of livestock (other than dairy cattle) or poultry in any area from such sources is being adversely affected by increases in the supply for market of such livestock or poultry, as the case may be, arising as a result of programs carried out under this chapter, he shall make an investigation with respect to the existence of such facts. If, upon investigation, the Secretary finds that the income of producers of such livestock or poultry, as the case. may be, in any area from any such source is being adversely affected by such increases, he shall, as soon as practicable, make such provisions in the administration of this chapter, with respect to the use of diverted acres as he may find necessary to protect the interests of producers of such livestock or poultry in the affected
to set aside out of the funds available for the making of such payments for each year an amount suficient to permit the increases herein specified to be made within the limits of the funds so available. If with respect to any farm the total payment to any person for any year would be:
(1) Not more than $20, the payment shall be increased by 40 per centum;
(2) More than $20 but not more than $40, the payment shall be increased by $8, plus 20 per centum of the excess over $20;
(3) More than $40 but not more than $60, the payment shall be increased by $12, plus 10 per centum of the excess over $40;
(4) More than $60 but not more than $186, the payment shall be increased by $14; or
(5) More than $186 but less than $200, the payment shall be increased to $200. In the case of payments of more than $1, the amount of the payment which shall be used to calculate the 40-, 20-, and 10-per-centum increases under clauses (1)-(3) of this paragraph shall not include that part, if any, of the payment which is a fraction of a dollar.
Beginning with the calendar year 1939, no total payment for any year to any person under subsection (b) of this section shall exceed $10,000. In the case of payments made to any individual, partnership, or estate on account of performance on farms in different States, Territories, or possessions, the $10,000 limitation shall apply to the total of the payments for each State, Territory, or possession, for a year and not to the total of all such payments.
Persons who carry out farming operations as tenants or sharecroppers on cropland owned by the United States Government and who comply with the terms and conditions of the conservation program, formulated pursuant to this chapter, shall be entitled to apply for and receive payments, or to retain payments heretofore made, for their participation in said program to the same extent as other producers. Persons who carry out conservation practices on federally owned noncropland which directly conserve or benefit nearby or adjoining privately owned lands of such persons and who maintain and use such Federal land under agreement with the Federal agency having jurisdiction thereof and who comply with the terms and conditions of the agricultural conservation program formulated pursuant to this chapter, shall be entitled to apply for and receive payments under such program to the same extent as other producers. (f) Change between landlord and tenants or share.
croppers affecting landlord's payments. Any change in the relationship between the landlord and the tenants or sharecroppers, with respect to any farm, that would increase over the previous year the amount of payments or grants of other aid under subsection (b) of this section that would otherwise be made to any landlord shall not operate to increase such payment or grant to such landlord. Any reduction in the number of tenants below the average number of tenants on any farm during the preceding three years that would increase the payments or grants of other aid under such subsection
(e) Distribution of payments among landlords, ten
ants, and sharecroppers. Payments made by the Secretary to farmers under subsection (b) of this section shall be divided among the landlords, tenants, and sharecroppers of any farm, with respect to which such payments are made, in the same proportion that such landlords, tenants, and sharecroppers are entitled to share in the proceeds of the agricultural commodity with respect to which such payments are made, or, effective with respect to the 1942 and subsequent farm programs, in the event of acquisition of title to, or lease of, any farm for use in connection with the national war effort which caused the producers on such farms to lose, prior to the time of harvest, their interests in the crops planted thereon, or the proceeds thereof, payments with respect to such crops, to the extent that full compensation for the loss of payments with respect thereto in connection with such acquisition or lease was not made to such producers, shall be divided among the landlords, tenants, and sharecroppers on such farm in the proportion which it is determined that such producers would have been entitled to share in the proceeds of such crops but for such acquisition or lease: Provided, That payments based on soil-building or soil-conserving practices shall be divided in proportion to the extent which such landlords, tenants, and sharecroppers contribute to the carrying out of such practices. Such payments shall be paid by the Secretary directly to the landlords, tenants, or sharecroppers entitled thereto, and shall be computed at rates which will permit the Secretary