517

SOIL AND MOISTURE CONSERVATION

An act to provide for the protection of land resources against soil erosion, and for other purposes. (Act of April 27, 1935, ch. 85, 49 Stat. 163)

[Sec. 1. Protection of land resources against soil erosion.]-It is hereby recognized that the wastage of soil and moisture resources on farm, grazing, and forest lands of the Nation, resulting from soil erosion, is a menace to the national welfare and that it is hereby declared to be the policy of Congress to provide permanently for the control and prevention of soil erosion and thereby to preserve natural resources, control floods, prevent impairment of reservoirs, and maintain the navigability of rivers and harbors, protect public health, public lands and relieve unemployment, and the Secretary of Agriculture, from now on, shall coordinate and direct all activities with relation to soil erosion and in order to effectuate this policy is hereby authorized, from time to time

(1) [Surveys and investigations to be conducted.]-To conduct surveys, investigations, and research relating to the character of soil erosion and the preventive measures needed, to publish the results of any such surveys, investigations, or research, to disseminate information concerning such methods, and to conduct demonstrational projects in areas subject to erosion by wind

or water;

(2) To carry out preventive measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land;

(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 this Act; and

(4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of this Act. (49 Stat. 163; 16 U.S.C. § 590a)

Sec. 2. [Lands on which preventive measures may be taken.]—The acts authorized in section 1 (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. (49 Stat. 163; 16 U.S.C. § 590b)

Sec. 3. [Conditions to extending benefits.]—As a condition to the extending of any benefits under this Act 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 Act, 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

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SOIL AND MOISTURE CONSERVATION

(3) Contributions in money, services, materials, or otherwise, to any operations conferring such benefits. (49 Stat. 163; 16 U.S.C. § 590c)

Sec. 4. [Cooperation of governmental agencies; officers and employees, appointment and compensation; expenditures for personal services and supplies.]—For the purposes of this Act, the Secretary of Agriculture may— (1) Secure the cooperation of any governmental agency;

(2) Subject to the provisions of the civil-service laws and the Classification Act of 1949, as amended, appoint and fix the 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 or regulations and the Classification Act, as amended; and any persons with technical or practical knowledge may be employed and compensated under this Act 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 Act. (49 Stat. 164; Act of October 28, 1949, 63 Stat. 972; 16 U.S.C. § 590d)

EXPLANATORY NOTE

1949 Amendment. The Act of October 28, 1949, substituted the "Classification Act of

1949" for "Classification Act of 1923" in the text.

Sec. 5. [Soil Conservation Service established; transfer of functions to.]— 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 Act 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. Funds provided in H. J. Res. 117, "An Act making appropriation for relief purposes" (for soil erosion) shall be available for expenditure under the provisions of this Act; and in order that there may be proper coordination of erosion-control activities the Secretary of Agriculture may transfer to the agency created under this Act such functions, funds, personnel, and property of other agencies in the Department of Agriculture as he may from time to time determine. (49 Stat. 164; 16 U.S.C. § 590e)

REORGANIZATION PLAN NO. IV OF 1940

EXPLANATORY NOTES

Sec. 6. [Appropriation authorization.]—There are hereby authorized to be appropriated for the purposes of this Act such sums as Congress may from time to time determine to be necessary. (49 Stat. 164; 16 U.S.C. § 590e, note)

EXPLANATORY NOTES

NOTES OF OPINIONS

[EXTRACTS FROM] REORGANIZATION PLAN NO. IV OF 1940

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 11, 1940, pursuant to the provision of the Reorganization Act of 1939, approved April 3, 1939 (54 Stat. 1234)

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REORGANIZATION PLAN NO. IV OF 1940

DEPARTMENT OF THE INTERIOR

Sec. 6. [Certain functions of the Soil Conservation Service transferred.]— The functions of the Soil Conservation Service in the Department of Agriculture with respect to soil and moisture conservation operations conducted on any lands under the jurisdiction of the Department of the Interior are transferred to the Department of the Interior and shall be administered under the direction and supervision of the Secretary of the Interior through such agency or agencies in the Department of the Interior as the Secretary shall designate. (54 Stat. 1235)

Sec. 13. [Transfer of functions of heads of departments.]-Except as otherwise provided in the Plan, the functions of the head of any department relating to the administration of any agency or function transferred from his department by this Plan, are transferred to, and shall be exercised by, the head of the department or agency to which such transferred agency or function is transferred by this Plan. (54 Stat. 1237)

521

MORATORIUM ON CONSTRUCTION CHARGES FOR 1935

[Extract from] An act to further extend relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of June 13, 1935, c. 219, 49 Stat. 337)

Sec. 1. [All provisions of Act of March 27, 1934, extended for one year.]-All of the provisions of the Act entitled "An Act to further extend the operation of the Act entitled 'An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law', approved April 1, 1932", approved March 27, 1934, be, and all of the provisions thereof are hereby, further extended for the period of one year. (49 Stat. 337)