US (United States) Code. Title 16. Chapter 3B: Soil

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 3B - SOIL CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

.

-HEAD-

CHAPTER 3B - SOIL CONSERVATION

-MISC1-

Sec.

590a. Prevention of soil erosion; surveys and investigations;

preventive measures; cooperation with agencies and persons;

acquisition of land.

590b. Lands on which preventive measures may be taken.

590c. Conditions under which benefits of law extended to

nongovernment controlled lands.

590d. Cooperation of governmental agencies; officers and employees,

appointment and compensation; expenditures for personal services

and supplies.

590e to 590e-2. Repealed or Omitted.

590f. Authorization of appropriation.

590g. Additional policies and purposes of chapter.

(a) Purposes enumerated.

(b) to (g) Repealed.

590g-1, 590g-2. Omitted.

590h. Payments and grants of aid.

(a) Repealed.

(b) Conservation and environmental assistance.

(c) Apportionment of acreage allotments.

(d) to (f) Repealed.

(g) Assignment of payments.

590h-1 to 590h-4. Omitted or Repealed.

590i. Surveys and investigations; publication of information.

590i-1, 590i-2. Omitted.

590j. ''Agricultural commodity'' defined.

590k. Availability of funds.

590l. Expansion of domestic and foreign markets for agricultural

commodities; advances for crop insurance; transfer of funds to

corporation.

(a) Market expansion and surplus disposition.

(b) Advances for premiums.

590m. Execution of powers of Secretary by Production and Marketing

Administration.

590n. Payments reviewable only by Secretary.

590o. Authorization of appropriations; distribution of appropriated

funds.

590p. Repealed.

590p-1. Limitation on wetlands drainage assistance to aid wildlife

preservation; termination of limitation; redetermination of need

for assistance upon change of ownership of lands.

590q. Coverage; ''State'' defined; short title.

590q-1. Sale and distribution of supplies, materials, and equipment

to other Government agencies; reimbursement.

590q-2. Voluntary relinquishment of allotments.

590q-3. Critical lands resource conservation program in Great

Plains area.

(a) Authorization for program.

(b) Terms of agreements with owners or operators.

(c) Annual adjustment payments.

(d) Termination of agreements.

(e) Preservation of cropland, crop acreage, and

allotment history.

(f) Utilization of Federal and non-Federal offices.

(g) Program payments.

(h) Tenants and sharecroppers.

(i) Rules and regulations.

(j) Authorization of appropriations; utilization of

Commodity Credit Corporation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 sections 624, 1282, 1364,

1385, 1388, 1390, 1392, 2279; title 26 section 126.

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16 USC Sec. 590a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590a. Prevention of soil erosion; surveys and investigations;

preventive measures; cooperation with agencies and persons;

acquisition of land

-STATUTE-

It is 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

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 authorized, from time to time -

(1) 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 chapter; and

(4) To acquire lands, or rights or interests therein, by

purchase, gift, condemnation, or otherwise, whenever necessary for

the purposes of this chapter.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 1, 49 Stat. 163.)

-MISC1-

SHORT TITLE

See section 590q of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

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

the Interior transferred to Department of the Interior, to be

administered under direction and supervision of Secretary of the

Interior through such agency or agencies in Department of the

Interior as Secretary shall designate, by Reorg. Plan No. IV of

1940, Sec. 6, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, set

out in the Appendix to Title 5, Government Organization and

Employees.

Soil Conservation Service consolidated with other agencies into

Agricultural Conservation and Adjustment Administration for

duration of World War II, see Ex. Ord. No. 9069, Feb. 23, 1942.

-MISC5-

POLICY

Declaration of policy to continue the Soil Conservation and

Domestic Allotment Act, see section 1282 of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590b of this title; title

26 section 126.

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16 USC Sec. 590b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590b. Lands on which preventive measures may be taken

-STATUTE-

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.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 2, 49 Stat. 163.)

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16 USC Sec. 590c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590c. Conditions under which benefits of law extended to

nongovernment controlled lands

-STATUTE-

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.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 3, 49 Stat. 163.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

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16 USC Sec. 590d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590d. Cooperation of governmental agencies; officers and

employees, appointment and compensation; expenditures for

personal services and supplies

-STATUTE-

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

April 27, 1935, 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 chapter on a basis to be determined by the

Director of the Office of Personnel Management; 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.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 4, 49 Stat. 164; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972; 1978 Reorg. Plan No. 2,

Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in par. (2), are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

The National Industrial Recovery Act, referred to in par. (2), is

act June 16, 1933, ch. 90, 48 Stat. 195, as amended, which was

classified generally to subchapter I (Sec. 401 et seq.) of chapter

8 of former Title 40, Public Buildings, Property, and Works, and

was terminated June 30, 1943, by act June 27, 1942, ch. 450, Sec.

1, 56 Stat. 410. Provisions of the Act that were classified to

former Title 40 were repealed by Pub. L. 107-217, Sec. 6(b), Aug.

21, 2002, 116 Stat. 1304. For complete classification of this Act

to the Code, see Tables.

The Classification Act, as amended, referred to in par. (2), is

the Classification Act of 1923 (approved Mar. 4, 1923, ch. 265, 42

Stat. 1488), as amended, which was repealed by section 1202 of the

Classification Act of 1949 (approved Oct. 28, 1949, ch. 782, 63

Stat. 972).

-COD-

CODIFICATION

In par. (2), ''chapter 51 and subchapter III of chapter 53 of

title 5'' substituted for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC3-

AMENDMENTS

1949 - Par. (2). Act Oct. 28, 1949, substituted ''Classification

Act of 1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with system

activities requiring coordination and approval under this chapter

and such functions of Secretary or other official in Department of

Agriculture, insofar as they involve lands and programs under

jurisdiction of that Department, related to compliance with this

chapter with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(e),

(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective

July 1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' and ''Commission'' in par. (2),

pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92

Stat. 3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred all functions vested

by statute in the United States Civil Service Commission to the

Director of the Office of Personnel Management (except as otherwise

specified), effective Jan. 1, 1979, as provided by section 1-102 of

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under

section 1101 of Title 5.

Transfer of functions respecting lands under jurisdiction of

Department of the Interior, see Transfer of Functions note set out

under section 590a of this title.

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16 USC Sec. 590e 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590e. Repealed. Pub. L. 103-354, title II, Sec. 246(f)(1),

Oct. 13, 1994, 108 Stat. 3225

-MISC1-

Section, act Apr. 27, 1935, ch. 85, Sec. 5, 49 Stat. 164, related

to establishment of Soil Conservation Service.

-CITE-

16 USC Sec. 590e-1, 590e-2 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590e-1, 590e-2. Omitted

-COD-

CODIFICATION

Sections were omitted in view of the repeal of section 590e of

this title which established the Soil Conservation Service.

Section 590e-1, act Sept. 30, 1994, Pub. L. 103-330, title II,

108 Stat. 2449, related to limitations on cost of construction,

purchase, or improvement of buildings for Soil Conservation

Service.

Section 590e-2, act Sept. 30, 1994, Pub. L. 103-330, title II,

108 Stat. 2450, related to temporary employment of local engineers

by Soil Conservation Service.

-MISC3-

PRIOR PROVISIONS

Provisions similar to former section 590e-1 of this title were

contained in following prior appropriation acts:

Oct. 21, 1993, Pub. L. 103-111, title II, 107 Stat. 1060.

Aug. 14, 1992, Pub. L. 102-341, title II, 106 Stat. 888.

Oct. 28, 1991, Pub. L. 102-142, title II, 105 Stat. 892.

Nov. 5, 1990, Pub. L. 101-506, title II, 104 Stat. 1335.

Nov. 21, 1989, Pub. L. 101-161, title II, 103 Stat. 971.

Oct. 1, 1988, Pub. L. 100-460, title II, 102 Stat. 2249.

Dec. 22, 1987, Pub. L. 100-202, Sec. 101(k) (title II), 101 Stat.

1329-322, 1329-343.

Oct. 18, 1986, Pub. L. 99-500, Sec. 101(a) (title II), 100 Stat.

1783, 1783-18, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(a)

(title II), 100 Stat. 3341, 3341-18.

Dec. 19, 1985, Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title II),

99 Stat. 1185.

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743,

title II), 98 Stat. 1837.

Nov. 14, 1983, Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title II),

97 Stat. 972.

Dec. 18, 1982, Pub. L. 97-370, title II, 96 Stat. 1802.

Dec. 23, 1981, Pub. L. 97-103, title II, 95 Stat. 1480.

Dec. 15, 1980, Pub. L. 96-528, title II, 94 Stat. 3108.

Nov. 9, 1979, Pub. L. 96-108, title II, 93 Stat. 833.

Oct. 11, 1978, Pub. L. 95-448, title II, 92 Stat. 1085.

Aug. 12, 1977, Pub. L. 95-97, title II, 91 Stat. 821.

July 12, 1976, Pub. L. 94-351, title II, 90 Stat. 862.

Oct. 21, 1975, Pub. L. 94-122, title II, 89 Stat. 658.

Dec. 31, 1974, Pub. L. 93-563, title III, 88 Stat. 1837.

Oct. 24, 1973, Pub. L. 93-135, title III, 87 Stat. 484.

Aug. 22, 1972, Pub. L. 92-399, title III, 86 Stat. 606.

Aug. 10, 1971, Pub. L. 92-73, title III, 85 Stat. 195.

Dec. 22, 1970, Pub. L. 91-566, title I, 84 Stat. 1484.

Nov. 26, 1969, Pub. L. 91-127, title I, 83 Stat. 248.

Aug. 8, 1968, Pub. L. 90-463, title I, 82 Stat. 642.

Oct. 24, 1967, Pub. L. 90-113, title I, 81 Stat. 323.

Sept. 7, 1966, Pub. L. 89-556, title I, 80 Stat. 692.

Nov. 2, 1965, Pub. L. 89-316, title I, 79 Stat. 1168.

Sept. 2, 1964, Pub. L. 88-573, title I, 78 Stat. 865.

Dec. 30, 1963, Pub. L. 88-250, title I, 77 Stat. 823.

Oct. 24, 1962, Pub. L. 87-879, title I, 76 Stat. 1206.

July 26, 1961, Pub. L. 87-112, title I, 75 Stat. 229.

June 29, 1960, Pub. L. 86-532, title I, 74 Stat. 234.

July 8, 1959, Pub. L. 86-80, title I, 73 Stat. 169.

June 13, 1958, Pub. L. 85-459, title I, 72 Stat. 190.

Aug. 2, 1957, Pub. L. 85-118, title I, 71 Stat. 335.

June 4, 1956, ch. 355, title I, 70 Stat. 231.

May 23, 1955, ch. 43, title I, 69 Stat. 54.

June 29, 1954, ch. 409, title I, 68 Stat. 310.

July 28, 1953, ch. 251, title I, 67 Stat. 215.

July 5, 1952, ch. 574, title I, 66 Stat. 345.

Aug. 31, 1951, ch. 374, title I, 65 Stat. 236.

Sept. 6, 1950, ch. 896, Ch. VI, title I, 64 Stat. 668.

June 29, 1949, ch. 280, title I, 63 Stat. 340.

June 19, 1948, ch. 543, 62 Stat. 524.

July 30, 1947, ch. 356, title I, 61 Stat. 523.

June 22, 1946, ch. 445, 60 Stat. 287.

May 5, 1945, ch. 109, 59 Stat. 156.

June 28, 1944, ch. 296, 58 Stat. 451.

July 12, 1943, ch. 215, 57 Stat. 411.

July 22, 1942, ch. 516, 56 Stat. 679.

July 1, 1941, ch. 267, 55 Stat. 421.

June 25, 1940, ch. 421, 54 Stat. 545.

June 30, 1939, ch. 253, 53 Stat. 954.

June 16, 1938, ch. 464, 52 Stat. 725.

June 29, 1937, ch. 404, 50 Stat. 410.

June 4, 1936, ch. 489, title I, 49 Stat. 1436.

Provisions similar to former section 590e-2 of this title were

contained in following prior appropriation acts:

Oct. 21, 1993, Pub. L. 103-111, title II, 107 Stat. 1060.

Aug. 14, 1992, Pub. L. 102-341, title II, 106 Stat. 888.

Oct. 28, 1991, Pub. L. 102-142, title II, 105 Stat. 893.

Nov. 5, 1990, Pub. L. 101-506, title II, 104 Stat. 1336.

Nov. 21, 1989, Pub. L. 101-161, title II, 103 Stat. 972.

Oct. 1, 1988, Pub. L. 100-460, title II, 102 Stat. 2249.

Dec. 22, 1987, Pub. L. 100-202, Sec. 101(k) (title II), 101 Stat.

1329-322, 1329-343.

Oct. 18, 1986, Pub. L. 99-500, Sec. 101(a) (title II), 100 Stat.

1783, 1783-18, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(a)

(title II), 100 Stat. 3341, 3341-18.

Dec. 19, 1985, Pub. L. 99-190, Sec. 101(a) (H.R. 3037, title II),

99 Stat. 1185.

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(a) (H.R. 5743,

title II), 98 Stat. 1837.

Nov. 14, 1983, Pub. L. 98-151, Sec. 101(d) (H.R. 3223, title II),

97 Stat. 972.

Dec. 18, 1982, Pub. L. 97-370, title II, 96 Stat. 1802.

Dec. 23, 1981, Pub. L. 97-103, title II, 95 Stat. 1481.

Dec. 15, 1980, Pub. L. 96-528, title II, 94 Stat. 3109.

Nov. 9, 1979, Pub. L. 96-108, title II, 93 Stat. 833.

Oct. 11, 1978, Pub. L. 95-448, title II, 92 Stat. 1086.

Aug. 12, 1977, Pub. L. 95-97, title II, 91 Stat. 822.

July 12, 1976, Pub. L. 94-351, title II, 90 Stat. 862.

Oct. 21, 1975, Pub. L. 94-122, title II, 89 Stat. 658.

Dec. 31, 1974, Pub. L. 93-563, title III, 88 Stat. 1837.

Oct. 24, 1973, Pub. L. 93-135, title III, 87 Stat. 485.

Aug. 22, 1972, Pub. L. 92-399, title III, 86 Stat. 606.

Aug. 10, 1971, Pub. L. 92-73, title III, 85 Stat. 195.

Dec. 22, 1970, Pub. L. 91-566, title I, 84 Stat. 1484.

Nov. 26, 1969, Pub. L. 91-127, title I, 83 Stat. 248.

Aug. 8, 1968, Pub. L. 90-463, title I, 82 Stat. 642.

Oct. 24, 1967, Pub. L. 90-113, title I, 81 Stat. 323.

Sept. 7, 1966, Pub. L. 89-556, title I, 80 Stat. 692.

Nov. 2, 1965, Pub. L. 89-316, title I, 79 Stat. 1168.

Sept. 2, 1964, Pub. L. 88-573, title I, 78 Stat. 865.

Dec. 30, 1963, Pub. L. 88-250, title I, 77 Stat. 823.

Oct. 24, 1962, Pub. L. 87-879, title I, 76 Stat. 1206.

July 26, 1961, Pub. L. 87-112, title I, 75 Stat. 229.

June 29, 1960, Pub. L. 86-532, title I, 74 Stat. 235.

July 8, 1959, Pub. L. 86-80, title I, 73 Stat. 170.

June 13, 1958, Pub. L. 85-459, title I, 72 Stat. 191.

Aug. 2, 1957, Pub. L. 85-118, title I, 71 Stat. 335.

June 4, 1956, ch. 355, title I, 70 Stat. 232.

May 23, 1955, ch. 43, title I, 69 Stat. 54.

June 29, 1954, ch. 409, title I, 68 Stat. 310.

July 28, 1953, ch. 251, title I, 67 Stat. 215.

July 5, 1952, ch. 574, title I, 66 Stat. 346.

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16 USC Sec. 590f 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590f. Authorization of appropriation

-STATUTE-

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.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 6, 49 Stat. 164; Sept. 21, 1944, ch.

412, title III, Sec. 302(a), 58 Stat. 738.)

-MISC1-

AMENDMENTS

1944 - Act Sept. 21, 1944, inserted second par.

-CITE-

16 USC Sec. 590g 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590g. Additional policies and purposes of chapter

-STATUTE-

(a) Purposes enumerated

It is hereby 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; (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; (6) prevention and abatement of agricultural-related

pollution, (FOOTNOTE 1) and (7) the promotion of energy and water

conservation through dry land farming. The powers conferred under

this section and sections 590h, 590i, and 590j 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 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.

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

(b) to (g) Repealed. Pub. L. 87-703, title I, Sec. 101(1), Sept.

27, 1962, 76 Stat. 605

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 7, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1148; amended June 28, 1937, ch. 395, Sec. 1, 50

Stat. 329; Pub. L. 87-703, title I, Sec. 101(1), Sept. 27, 1962, 76

Stat. 605; Pub. L. 92-419, title VI, Sec. 606(1), Aug. 30, 1972, 86

Stat. 676; Pub. L. 99-198, title XII, Sec. 1253, Dec. 23, 1985, 99

Stat. 1517.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a)(7). Pub. L. 99-198 added cl. (7).

1972 - Subsec. (a)(6). Pub. L. 92-419 added cl. (6).

1962 - Subsecs. (b) to (g). Pub. L. 87-703 repealed subsecs. (b)

to (g) 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. (f), 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 available 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''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590i, 590l, 590m, 590n,

590o of this title; title 7 sections 1388, 1391, 1392; title 12

section 1150a.

-CITE-

16 USC Sec. 590g-1, 590g-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590g-1, 590g-2. Omitted

-COD-

CODIFICATION

Section 590g-1, acts July 5, 1952, ch. 574, title I, 66 Stat.

347; July 28, 1953, ch. 251, title I, 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 counties, was apparently

restricted to the appropriation acts of which in each case it was a

part.

Section 590g-2, act July 5, 1952, ch. 574, title I, 66 Stat. 347,

which related to allocations for State agricultural conservation

programs to be utilized in determining the most needed conservation

practices on individual farms, was apparently restricted to the

appropriation act of which it was a part.

-CITE-

16 USC Sec. 590h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590h. Payments and grants of aid

-STATUTE-

(a) Repealed. Pub. L. 87-703, title I, Sec. 101(2), Sept. 27, 1962,

76 Stat. 605

(b) Conservation and environmental assistance

(1) Environmental quality incentives program

The Secretary shall provide technical assistance, cost-share

payments, and incentive payments to operators through the

environmental quality incentives program in accordance with

chapter 4 of subtitle D of title XII of the Food Security Act of

1985 (16 U.S.C. 3839aa et seq.).

(2) to (4) Repealed. Pub. L. 104-127, title III, Sec.

336(a)(1)(A)(i)(I), Apr. 4, 1996, 110 Stat. 1004

(5) State, county, and area committees

(A) Appointment of State committees

The Secretary shall appoint in each State a State committee

composed of not fewer than 3 nor more than 5 members who are

fairly representative of the farmers in the State. The members

of a State committee shall serve at the pleasure of the

Secretary for such term as the Secretary may establish.

(B) Establishment and elections for county, area, or local

committees

(i) Establishment

(I) In general

In each county or area in which activities are carried

out under this section, the Secretary shall establish a

county or area committee.

(II) Local administrative areas

The Secretary may designate local administrative areas

within a county or a larger area under the jurisdiction of

a committee established under subclause (I).

(ii) Composition of county, area, or local committees

A committee established under clause (i) shall consist of

not fewer than 3 nor more than 5 members that -

(I) are fairly representative of the agricultural

producers within the area covered by the county, area, or

local committee; and

(II) are elected by the agricultural producers that

participate or cooperate in programs administered within

the area under the jurisdiction of the county, area, or

local committee.

(iii) Elections

(I) In general

Subject to subclauses (II) through (V), the Secretary

shall establish procedures for nominations and elections to

county, area, or local committees.

(II) Nondiscrimination statement

Each solicitation of nominations for, and notice of

elections of, a county, area, or local committee shall

include the nondiscrimination statement used by the

Secretary.

(III) Nominations

(aa) Eligibility

To be eligible for nomination and election to the

applicable county, area, or local committee, as

determined by the Secretary, an agricultural producer

shall be located within the area under the jurisdiction

of a county, area, or local committee, and participate or

cooperate in programs administered within that area.

(bb) Outreach

In addition to such nominating procedures as the

Secretary may prescribe, the Secretary shall solicit and

accept nominations from organizations representing the

interests of socially disadvantaged groups (as defined in

section 355(e)(1) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 2003(e)(1)). (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be

preceded by an additional closing parenthesis.

(IV) Opening of ballots

(aa) Public notice

At least 10 days before the date on which ballots are

to be opened and counted, a county, area, or local

committee shall announce the date, time, and place at

which election ballots will be opened and counted.

(bb) Opening of ballots

Election ballots shall not be opened until the date and

time announced under item (aa).

(cc) Observation

Any person may observe the opening and counting of the

election ballots.

(V) Report of election

Not later than 20 days after the date on which an

election is held, a county, area, or local committee shall

file an election report with the Secretary and the State

office of the Farm Service Agency that includes -

(aa) the number of eligible voters in the area covered

by the county, area, or local committee;

(bb) the number of ballots cast in the election by

eligible voters (including the percentage of eligible

voters that cast ballots);

(cc) the number of ballots disqualified in the

election;

(dd) the percentage that the number of ballots

disqualified is of the number of ballots received;

(ee) the number of nominees for each seat up for

election;

(ff) the race, ethnicity, and gender of each nominee,

as provided through the voluntary self-identification of

each nominee; and

(gg) the final election results (including the number

of ballots received by each nominee).

(VI) National report

Not later than 90 days after the date on which the first

election of a county, area, or local committee that occurs

after May 13, 2002, is held, the Secretary shall complete a

report that consolidates all the election data reported to

the Secretary under subclause (V).

(VII) Election reform

(aa) Analysis

If determined necessary by the Secretary after

analyzing the data contained in the report under

subclause (VI), the Secretary shall promulgate and

publish in the Federal Register proposed uniform

guidelines for conducting elections for members and

alternate members of county, area, and local committees

not later than 1 year after the date of completion of the

report.

(bb) Inclusion

The procedures promulgated by the Secretary under item

(aa) shall ensure fair representation of socially

disadvantaged groups described in subclause (III)(bb) in

an area covered by the county, area, or local committee,

in cases in which those groups are underrepresented on

the county, area, or local committee for that area.

(cc) Methods of inclusion

Notwithstanding clause (ii), the Secretary may ensure

inclusion of socially disadvantaged farmers and ranchers

through provisions allowing for appointment of 1

additional voting member to a county, area, or local

committee or through other methods.

(iv) Term of office

The term of office for a member of a county, area, or local

committee shall not exceed 3 years.

(v) Public availability and report to Congress

(I) Public disclosure

The Secretary shall maintain and make readily available

to the public, via website and otherwise in electronic and

paper form, all data required to be collected and computed

under section 2279-1(c) of title 7 and clause (iii)(V)

collected annually since the most recent Census of

Agriculture.

(II) Report to Congress

After each Census of Agriculture, the Secretary shall

report to Congress the rate of loss or gain in

participation by each socially disadvantaged group, by

race, ethnicity, and gender, since the previous Census.

(C) Termination or combination of committees

The Secretary may not terminate a county or area committee or

combine or consolidate two or more county or area committees

unless -

(i) the Secretary first notifies the committee or

committees involved of the proposed action; and

(ii) the State committee of the State in which the affected

counties are located approves of such action in a vote taken

after the end of the 60-day period beginning on the date the

notification is received.

(D) Use of committees

The Secretary shall use the services of such committees in

carrying out programs under this section and the agricultural

credit programs under the Consolidated Farm and Rural

Development Act (7 U.S.C. 1921 et seq.) and in considering

administrative appeals as provided by section 6932(d) of title

7. The Secretary may use the services of such committees in

carrying out programs under other authorities administered by

the Secretary.

(E) Regulations

The Secretary shall issue such regulations as the Secretary

considers necessary relating to the selection and exercise of

the functions of the respective committees, and to the

administration through such committees of the programs

described in subparagraph (D). Pursuant to such regulations,

each county and area committee shall select an executive

director for the area or county. Such selection shall be made

in the same manner as provided for the selection of the county

executive director under section 7.21(b)(2) of title 7, Code of

Federal Regulations, as in effect on January 1, 1994.

Regulations governing payments or grants under this subsection

shall be as simple and direct as possible, and, whenever

practicable, they shall be classified on the following two

bases:

(i) Soil-depleting practices.

(ii) Soil-building practices.

(F) Mandatory duties of Secretary

In carrying out this section, the Secretary shall -

(i) insofar as practicable, protect the interests of

tenants and sharecroppers;

(ii) accord such encouragement to producer-owned and

producer-controlled cooperative associations as will be in

harmony with the policy toward cooperative associations set

forth in Federal laws and as will tend to promote efficient

methods of marketing and distribution;

(iii) in every practicable manner, protect the interests of

small producers; and

(iv) in every practical way, encourage and provide for

soil-conserving and soil-rebuilding practices.

(G) Discretionary authorities of Secretary

In carrying out this section, the Secretary may use other

approved agencies.

(H) Limitations

In carrying out this section, the Secretary shall not have

the authority to acquire any land or any right or interest in

land.

(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) to (f) Repealed. Pub. L. 104-127, title III, Sec.

336(a)(1)(A)(ii), Apr. 4, 1996, 110 Stat. 1004

(g) Assignment of payments

A payment that may be made to a producer under this section may

be assigned only in accordance with regulations issued by the

Secretary. This subsection shall not authorize any suit against or

impose any liability on the Secretary, any disbursing agent, or any

agency of the United States if payment is made to the producer

without regard to the existence of any such assignment.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 8, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1149; amended June 28, 1937, ch. 395, Sec. 1, 50

Stat. 329; Feb. 16, 1938, ch. 30, title I, Sec. 101, 102, 103, 52

Stat. 31, 34, 35; Apr. 7, 1938, ch. 107, Sec. 16-18, 52 Stat. 204,

205; Apr. 10, 1939, ch. 48, 53 Stat. 573; May 14, 1940, ch. 200, 54

Stat. 216; July 2, 1940, ch. 521, Sec. 2, 54 Stat. 727; June 21,

1941, ch. 217, 55 Stat. 257; Dec. 26, 1941, ch. 626, Sec. 1, 55

Stat. 860; Feb. 6, 1942, ch. 44, Sec. 4, 56 Stat. 53; Sept. 29,

1942, ch. 568, 56 Stat. 761; Sept. 21, 1944, ch. 412, title III,

Sec. 301, 58 Stat. 737; July 25, 1946, ch. 642, 60 Stat. 663; July

3, 1948, ch. 827, title I, Sec. 4, 62 Stat. 1250; Sept. 23, 1950,

ch. 997, 64 Stat. 978; May 26, 1952, ch. 335, 66 Stat. 95; Aug. 28,

1954, ch. 1041, title V, Sec. 501, 68 Stat. 907; Aug. 9, 1955, ch.

624, 69 Stat. 545; Apr. 6, 1956, ch. 186, 70 Stat. 105; July 24,

1956, ch. 668, 70 Stat. 597; Pub. L. 85-553, July 25, 1958, 72

Stat. 414; Pub. L. 86-70, Sec. 13(a), June 25, 1959, 73 Stat. 143;

Pub. L. 86-624, Sec. 8(a), July 12, 1960, 74 Stat. 412; Pub. L.

87-703, title I, Sec. 101(2), (3), Sept. 27, 1962, 76 Stat. 605,

606; Pub. L. 88-534, Sec. 1, Aug. 31, 1964, 78 Stat. 743; Pub. L.

89-742, Nov. 2, 1966, 80 Stat. 1167; Pub. L. 92-419, title VI, Sec.

605, 606(2)-(5), Aug. 30, 1972, 86 Stat. 676, 677; Pub. L. 95-113,

title XV, Sec. 1501(a), Sept. 29, 1977, 91 Stat. 1019; Pub. L.

96-294, title II, Sec. 259, June 30, 1980, 94 Stat. 709; Pub. L.

99-198, title XVII, Sec. 1711(a), 1712, Dec. 23, 1985, 99 Stat.

1635, 1636; Pub. L. 99-253, Sec. 3, Feb. 28, 1986, 100 Stat. 36;

Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 645), Oct. 18, 1986,

100 Stat. 1783, 1783-36, and Pub. L. 99-591, Sec. 101(a) (title VI,

Sec. 645), Oct. 30, 1986, 100 Stat. 3341, 3341-36; Pub. L. 99-641,

title II, Sec. 204, Nov. 10, 1986, 100 Stat. 3563; Pub. L. 101-624,

title XI, Sec. 1146, Nov. 28, 1990, 104 Stat. 3516; Pub. L.

102-237, title II, Sec. 202, Dec. 13, 1991, 105 Stat. 1848; Pub. L.

103-354, title II, Sec. 227(a), Oct. 13, 1994, 108 Stat. 3216; Pub.

L. 104-127, title III, Sec. 336(a)(1)(A), Apr. 4, 1996, 110 Stat.

1004; Pub. L. 107-171, title X, Sec. 10708(b), May 13, 2002, 116

Stat. 522.)

-REFTEXT-

REFERENCES IN TEXT

The Food Security Act of 1985, referred to in subsec. (b)(1), is

Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter

4 of subtitle D of title XII of the Act is classified generally to

part IV (Sec. 3839aa et seq.) of subchapter IV of chapter 58 of

this title. For complete classification of this Act to the Code,

see Short Title of 1985 Amendment note set out under section 1281

of Title 7, Agriculture, and Tables.

The Consolidated Farm and Rural Development Act, referred to in

subsec. (b)(5)(D), is title III of Pub. L. 87-128, Aug. 8, 1961, 75

Stat. 307, as amended, which is classified principally to chapter

50 (Sec. 1921 et seq.) of Title 7. For complete classification of

this Act to the Code, see Short Title note set out under section

1921 of Title 7 and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(5)(B). Pub. L. 107-171 added subpar. (B) and

struck out former subpar. (B) which read as follows:

''(B) Establishment of county, area, or local committees. - (i)

In each county or area in which activities are carried out under

this section, the Secretary shall establish a county or area

committee.

''(ii) Any such committee shall consist of not fewer than 3 nor

more than 5 members who are fairly representative of the

agricultural producers in the county or area and who shall be

elected by the agricultural producers in such county or area under

such procedures as the Secretary may prescribe.

''(iii) The Secretary may designate local administrative areas

within the county or larger area covered by a committee established

under clause (i). Only agricultural producers within a local

administrative area who participate or cooperate in programs

administered within their area shall be eligible for nomination and

election to the local committee for that area, under such

regulations as the Secretary may prescribe.

''(iv) The Secretary shall solicit and accept nominations from

organizations representing the interests of socially disadvantaged

groups (as defined in section 355(e)(1) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 2003(e)(1)).

''(v) Members of each county, area, or local committee shall

serve for terms not to exceed 3 years.''

1996 - Subsec. (b)(1) to (4). Pub. L. 104-127, Sec.

336(a)(1)(A)(i)(I), added par. (1) and struck out former pars. (1)

to (4), which related to authorization to provide and eligibility

for financial assistance in par. (1), description of purposes of

assistance in par. (2), amount of assistance in par. (3), and

factors to be considered in formulating national program in par.

(4).

Subsec. (b)(6) to (8). Pub. L. 104-127, Sec. 336(a)(1)(A)(i)(II),

struck out pars. (6) to (8), which related to payments for

conservation materials and services in par. (6), appropriations for

farming materials and soil-terracing services in par. (7), and

agreements with agricultural producers creating obligations in

advance of appropriations in par. (8).

Subsecs. (d) to (f). Pub. L. 104-127, Sec. 336(a)(1)(A)(ii),

struck out subsecs. (d) to (f), which related to conditions

affecting payments or grants of aid in subsec. (d), distribution of

payments among landlords, tenants, and sharecroppers in subsec.

(e), and change between landlord and tenants or sharecroppers

affecting landlord's payments in subsec. (f).

1994 - Subsec. (b). Pub. L. 103-354 designated first through

eighth undesignated pars. as pars. (1) to (8), respectively, added

par. (5), and struck out former par. (5) which related to State and

local committees.

1991 - Subsec. (b). Pub. L. 102-237, in fourteenth sentence of

fifth par., inserted before period '', except that, in the case of

a person elected to be a national officer or State president of the

National Association of Farmer Elected Committeemen, the limitation

shall be four consecutive terms''.

1990 - Subsec. (g). Pub. L. 101-624 amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: ''A

payment which may be made to a farmer under this section, may be

assigned, without discount, by him in writing as security for cash

or advances to finance making a crop, handling or marketing an

agricultural commodity, or performing a conservation practice.

Such assignment shall be signed by the farmer and witnessed by a

member of the county committee or by an employee of such committee,

except that where the assignee is a bank whose deposits are insured

by the Federal Deposit Insurance Corporation, the Farmers Home

Administration, or a production credit association supervised by

the Farm Credit Administration, such assignment may be witnessed by

a bonded officer of the lending institution. Such assignment shall

be filed with the county committee. Such assignment shall not be

made to pay or secure any preexisting indebtedness. This provision

shall not authorize any suit against or impose any liability upon

the Secretary or any disbursing agent if payment to the farmer is

made without regard to the existence of any such assignment. The

Secretary shall prescribe such regulations as he determines

necessary to carry out the provisions of this subsection.''

1986 - Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, Pub. L.

99-641, made substantially identical amendments to fifth par. of

subsec. (b), inserting provisions which related to one local

administrative area in any county for which there had been

established less than three local administrative areas as of Dec.

23, 1985, and striking out '': Provided, That the foregoing

requirement of this sentence shall not apply to any county that, on

December 23, 1985, had less than three local administrative areas''

after ''committee for that area''.

Pub. L. 99-253, in fifth par., substituted ''local committee''

for ''community committee'' and provisions that each local

administrative area have one local committee of at least three

members elected to three-year terms in a local election to be held

every third year, with exception for more than one local committee

per administrative area, that only one local administrative area

hold an election in any given year, that only farmers who are

producers who participate or cooperate in the programs within their

area be eligible for nomination and election, with this requirement

not applying to any county that, on Dec. 23, 1985, had less than

three local administrative areas, and that only farmers who are

participating or cooperating producers within an area be eligible

to vote in the election in that area, for provisions that farmers

within any local administrative area, participating or cooperating

in programs administered within such area, elect from among their

number a local committee of not more than three members, with each

member elected for a three-year term.

1985 - Subsec. (b). Pub. L. 99-198, Sec. 1712, in first sentence

of fifth par., substituted ''In carrying out the provisions of this

section in the States of the Union, except Alaska, and as otherwise

directed by law with respect to other programs and functions, the

Secretary is directed to utilize the services of local and State

committees selected as hereinafter provided; and the Secretary may

use the services of such committees in carrying out other programs

and functions of the Department of Agriculture'' for ''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''.

Pub. L. 99-198, Sec. 1711(a)(1), in third sentence of fifth par.,

substituted ''There shall be 3 local administrative areas in each

county, except that, in counties with less than one hundred and

fifty farmers, the county committee selected as hereinafter

provided may reduce the number of local administrative areas to

one, and except that the Secretary may include more than one county

or parts of different counties in a local administrative area when

the Secretary determines that there are insufficient farmers in an

area to establish a slate of candidates for a community committee

and hold an election'' for ''No such local area shall include more

than one county or parts of different counties''.

Pub. L. 99-198, Sec. 1711(a)(2), in fourth sentence of fifth

par., struck out ''annually'' after ''shall elect''.

Pub. L. 99-198, Sec. 1711(a)(3), in fifth par., inserted

provisions directing that each member of a local committee be

elected for a term of 3 years, that each local committee meet (A)

once each year and shall receive compensation for such meeting by

the Secretary at not less than the level in effect on December 31,

1985, and (B) at the direction of the county committee and with the

approval of the State committee, such additional times during the

year as may be necessary to carry out this section without

compensation, and that the meetings of a local committee shall be

held on different days of the year.

Pub. L. 99-198, Sec. 1711(a)(4), in fifth par., inserted

provisions directing that the local committees in each county (A)

in a county in which there is more than one local committee, serve

as advisors and consultants to the county committee; (B)

periodically meet with the county committee and State committee to

be informed on farm program issues; (C) communicate with producers

within their communities on issues or concerns regarding farm

programs; (D) report to the county committee, the State committee,

and other interested persons on changes to, or modifications of,

farm programs recommended by producers in their communities; and

(E) perform such other functions as are required by law or as the

Secretary may specify, and that the Secretary ensure that

information concerning changes in Federal laws in effect with

respect to agricultural programs and the administration of such

laws are communicated in a timely manner to local committees in

areas that contain agricultural producers who might be affected by

such changes.

1980 - Subsec. (b). Pub. L. 96-294 added applicability to energy

conservation as an area of conservation subject to financial

assistance, and provisions setting forth authority for financial

assistance to agricultural producers for encouraging energy

conservation through cost sharing and technical assistance for

shelter belts, etc.

1977 - Subsec. (b). Pub. L. 95-113, Sec. 1501(a)(1), (2),

specified that financial assistance be provided to agricultural

producers for carrying out enduring conservation and environmental

enhancement measures, that eligibility for financial assistance be

determined by the existence of conservation or environmental

problems that reduce the productive capacity of the land and water

or that cause environmental degradation, that financial assistance

be a portion of the cost of the installation of conservation and

environmental enhancement measures, that the Secretary of

Agriculture be given discretion to set the level of payment based

on a number of considerations relating to the level and

distribution of benefits and costs accruing from the conservation

problem and the applied remedy including the level of expected

benefits to society, the total cost of the conservation practice,

the degree to which the farmer benefits from other conservation

programs, and the degree to which conservation would be applied in

the absence of financial assistance, and that the Secretary be

required to consider national and local needs and priorities in

developing a national cost-share assistance program.

Subsec. (e). Pub. L. 95-113, Sec. 1501(a)(3), struck out first

three pars. which related to allotment and production adjustment

activities and for provisions making small cost-share payments, and

substituted a new par. authorizing the Secretary to establish a

payment limitation. The first three pars. were deemed by the

codifiers to constitute the first par., the flush sentence at the

end of the first par., and the second par. to reflect the probable

intent of Congress. See pp. 192, 193, 400, 401 of Senate Report

95-180.

1972 - Subsec. (b). Pub. L. 92-419, Sec. 605, 606(2), (3), added

par. respecting long-term rural environmental protection contracts;

included in first sentence reference to cl. (6) of section 590g of

this title and in item (2) provided as a measure for amount of

payments and grants the treatment or use of the land for the

prevention or abatement of agriculture-related pollution; and

included in the second paragraph provisions respecting making

available pollution prevention or abatement aids and orders

covering pollution prevention or abatement aids and carrying out by

the producers or pollution prevention or abatement practices,

respectfully.

Subsec. (d). Pub. L. 92-419, Sec. 606(4), included reference to

cl. (6) of section 590g(a) of this title in first par.

Subsec. (e). Pub. L. 92-419, Sec. 606(5), inserted in proviso

provision for payments based on agriculture-related pollution

prevention or abatement practices.

1966 - Subsec. (g). Pub. L. 89-742 permitted assignments for

handling or marketing an agricultural commodity, or performing a

conservation practice, broadened the qualifications as to who may

witness the signature of a farmer assigning such payments, and

directed the Secretary to promulgate such regulations necessary to

carry out the provisions of this subsection.

1964 - Subsec. (b). Pub. L. 88-534 provided that members of local

committees and not delegates from local areas shall nominate and

elect a county committee of three farmers in the county,

substituted three year staggered terms of office for county

committeemen in place of one year terms, limited committeemen to a

maximum of three consecutive terms, and eliminated provisions for

the annual election of delegates to a county convention for the

election of a county committee.

1962 - Subsec. (a). Pub. L. 87-703, Sec. 101(2), repealed subsec.

(a) which related to duration of authority of Secretary of

Agriculture in the operation of a Federal program on a temporary

basis.

Subsec. (b). Pub. L. 87-703, Sec. 101(3), substituted

introductory ''The'' for ''subject to the limitations provided in

subsection (a) of this section, the''.

1960 - Subsec. (b). Pub. L. 86-624 substituted ''in the States of

the Union, except Alaska'' for ''in the continental United States,

except in Alaska''.

1959 - Subsec. (b). Pub. L. 86-70 inserted '', except in Alaska''

after ''continental United States''.

1958 - Subsec. (a). Pub. L. 85-553 substituted ''January 1,

1963'' and ''December 31, 1962'' for ''January 1, 1959'' and

''December 31, 1958'', respectively, whenever appearing.

1956 - Subsec. (a). Act July 24, 1956, substituted ''January 1,

1959'' and ''December 31, 1958'' for ''January 1, 1957'' and

''December 31, 1956'', respectively, wherever appearing.

Subsec. (b). Act Apr. 6, 1956, substituted ''Clauses'' for ''In

arid or semiarid sections,'' in second sentence.

1955 - Subsec. (e). Act Aug. 9, 1955, authorized payments to

persons carrying out conservation practices on federally owned

noncropland.

1954 - Subsec. (a). Act Aug. 28, 1954, Sec. 501(a), (b),

substituted ''January 1, 1957'' and ''December 31, 1956'' for

''January 1, 1955'' and ''December 31, 1954'' wherever appearing,

and inserted last two sentences.

Subsec. (b). Act Aug. 28, 1954, Sec. 501(c), struck out ''at not

to exceed a fair price fixed in accordance with regulations to be

prescribed by the Secretary'' after ''furnished to producers'' in

second par., and inserted last sentence.

1952 - Subsec. (a). Act May 26, 1952, substituted ''January 1,

1955'' for ''January 1, 1953'' wherever appearing and ''December

31, 1954'' for ''December 31, 1952''.

1950 - Subsec. (a). Act Sept. 23, 1950, substituted ''January 1,

1953'' for ''January 1, 1951'' wherever appearing and ''December

31, 1952'' for ''December 31, 1950''.

1948 - Subsec. (a). Act July 3, 1948, substituted ''January 1,

1951'' for ''January 1, 1949'' wherever appearing and ''December

31, 1950'' for ''December 31, 1948''.

1946 - Subsec. (a). Act July 25, 1946, substituted ''January 1,

1949'' for ''January 1, 1947'' wherever appearing and ''December

31, 1948'' for December 31, 1946''.

1944 - Subsec. (b). Act Sept. 21, 1944, inserted par. beginning

''Appropriations are hereby''.

Subsec. (e). Act Sept. 21, 1944, inserted par. beginning

''Persons who carry''.

1942 - Subsec. (c)(2). Act Feb. 6, 1942, inserted last two

sentences.

Subsec. (e). Act Sept. 29, 1942, amended first sentence.

1941 - Subsec. (a). Act Dec. 26, 1941, substituted ''January 1,

1947'' for ''January 1, 1942'' wherever appearing and ''December

31, 1946'' for ''December 31, 1941''.

Subsec. (b). Act June 21, 1941, inserted par. beginning

''Notwithstanding any other provisions of law''.

1940 - Subsec. (c)(5). Act July 2, 1940, inserted last sentence.

Subsec. (f). Act May 14, 1940, struck out last sentence which

provided ''Such limitations shall apply only if the county

committee finds that the change or reduction is not justified and

disapproves such change or reduction'' and substituted last two

sentences.

1939 - Subsec. (c)(4). Act Apr. 10, 1939, repealed par. (4) which

provided ''Notwithstanding any other provision of this subsection,

if, for any reason other than flood or drought, the acreage of

wheat, cotton, corn, or rice planted on the farm is less than 80

per centum of the farm acreage allotment for such commodity for the

purpose of payment, such farm acreage allotment shall be 25 per

centum in excess of such planted acreage''.

1938 - Subsecs. (b) and (c) amended generally by act Feb. 16,

1938.

Subsec. (c)(5). Act Apr. 7, 1938, substituted ''for any county''

for ''on any farm'' in first sentence, and ''therein,'' for

''thereon''.

Subsec. (c)(6). Act Apr. 7, 1938, added par. (6).

Subsecs. (d) to (g). Act Feb. 16, 1938, added subsecs. (d) to

(g).

Subsec. (g). Act Apr. 7, 1938, substituted second and third

sentences for sentences which provided ''Such assignment shall be

acknowledged by the farmer before the county agricultural extension

agent and filed with such agent. The farmer shall file with such

county agricultural extension agent an affidavit stating that the

assignment is not made to pay or secure any pre-existing

indebtedness.''

1937 - Subsec. (a). Act June 28, 1937, substituted ''January 1,

1942'' for ''January 1, 1938'' wherever appearing, and ''December

31, 1941'' for ''December 31, 1937''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1711(b)(1) of Pub. L. 99-198 provided that: ''The

amendments made by this section (amending this section) shall

become effective on January 1, 1986, except that the amendments

made by clauses (2) and (3) of subsection (a) (amending this

section) shall not apply with respect to the term of office of any

member of a local committee elected before January 1, 1986.''

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 3 of Pub. L. 88-534 provided that: ''Section 1 of this

Act (amending this section) shall become effective for elections of

committeemen held on or after January 1, 1965.''

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act July 3, 1948, effective July 3, 1948, see

section 6 of act July 3, 1948, set out as a note under section 624

of Title 7, Agriculture.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 105 of act Feb. 16, 1938, as amended by section 1 of act

Apr. 7, 1938, provided that the amendments by that act, amending

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 county or other local committee which has been

constituted prior to February 1, 1938.''

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, transfer to Department of the Interior, see Transfer

of Functions note set out under section 590a of this title.

-MISC5-

STATUS OF PERMANENT EMPLOYEES OF COUNTY COMMITTEES

Pub. L. 106-78, title VII, Sec. 740, Oct. 22, 1999, 113 Stat.

1166, provided that: ''Notwithstanding any other provision of law,

in fiscal year 2000 and thereafter, permanent employees of county

committees employed on or after October 1, 1998, pursuant to

(section) 8(b) of the Soil Conservation and Domestic Allotment Act

(16 U.S.C. 590h(b)) shall be considered as having Federal Civil

Service status only for the purpose of applying for United States

Department of Agriculture Civil Service vacancies.''

Similar provisions were contained in the following prior

appropriation act: Pub. L. 105-277, div. A, Sec. 101(a) (title

VII, Sec. 765), Oct. 21, 1998, 112 Stat. 2681, 2681-37.

LOCAL COMMITTEE MEMBER ELECTED BEFORE JANUARY 1, 1986; COMPLETION

OF UNEXPIRED TERM IN ADMINISTRATIVE AREA OF RESIDENCE

Section 1711(b)(2) of Pub. L. 99-198 provided that: ''If the

number of local administrative areas and local committees in a

county increases as a result of a change in the number of local

administrative areas in the county under section 8(b) of the Soil

Conservation and Domestic Allotment Act (subsec. (b) of this

section) (as amended by subsection (a)(1)), any member of a local

committee in such county elected before January 1, 1986, shall

serve the unexpired portion of any term commenced before the date

of such increase as a member of the local committee for the

administrative area in which such member resides.''

CONGRESSIONAL FINDINGS RESPECTING THE AGRICULTURAL STABILIZATION

AND CONSERVATION COUNTY AND COMMUNITY COMMITTEE SYSTEM

Pub. L. 97-218, title IV, Sec. 401, July 20, 1982, 96 Stat. 216,

provided that: ''Congress finds that agricultural stabilization and

conservation county and community committees have served, and

should continue to serve, a vital function in implementing, at the

local level, farm commodity, soil conservation, and related

programs; and that, by assisting the United States Department of

Agriculture to conduct such programs effectively, such committees

provide substantial benefits to agriculture and the Nation.

Congress further finds that the agricultural stabilization and

conservation county and community committee system has developed,

over the years, into a highly efficient mechanism for implementing

such programs at the local level. Therefore, it is the sense of

Congress that the Secretary of Agriculture should ensure that the

structure and operations of the agricultural stabilization and

conservation county and community committees, as heretofore

developed to enable such committees to meet the responsibilities

assigned them under section 8(b) of the Soil Conservation and

Domestic Allotment Act (subsection (b) of this section), and

related statutes and regulations, be preserved and strengthened.''

1970 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Adjustment by the Secretary of Agriculture, effective on the

first day of the first pay period which begins on or after Dec. 27,

1969, of the rates of pay of personnel subject to this section with

respect to individuals employed by county committees under subsec.

(b) of this section, by the amounts of the adjustment for

corresponding rates for employees subject to the General Schedule,

set out in section 5332 of Title 5, which had been made by section

2 of Pub. L. 91-231 raising such rates by 6 percent, see Pub. L.

91-231, set out as a note under section 5332 of Title 5, Government

Organization and Employees.

1967 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 90-206, title II, Sec. 210, Dec. 16, 1967, 81 Stat. 633,

provided that: ''The rates of pay of persons employed by the county

committees established pursuant to section 8(b) of the Soil

Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall

be increased by amounts equal, as nearly as may be practicable, to

the increases provided by section 202(a) of this title (see section

5332(a) of Title 5, Government Organization and Employees) for

corresponding rates of basic pay.''

(Section 210 of Pub. L. 90-206 effective as of beginning of first

pay period which begins on or after Oct. 1, 1967, see section

220(a)(2) of Pub. L. 90-206, set out as a note under section 5332

of Title 5.)

1966 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 89-504, title I, Sec. 107, July 18, 1966, 80 Stat. 293,

provided that: ''The rates of compensation of persons employed by

the county committees established pursuant to section 8(b) of the

Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))

shall be increased by amounts equal, as nearly as may be

practicable, to the increases provided by section 102(a) of this

title (amending section 1113(b) of former Title 5, Executive

Departments and Government Officers and Employees) for

corresponding rates of compensation.''

1965 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 89-301, Sec. 10, Oct. 29, 1965, 79 Stat. 1120, provided

that: ''The rates of compensation of persons employed by the county

committees established pursuant to section 8(b) of the Soil

Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall

be increased by amounts equal, as nearly as may be practicable, to

the increases provided by section 2(a) of this Act (amending

section 1113(b) of former Title 5, Executive Departments and

Government Officers and Employees) for corresponding rates of

compensation.''

(Provision effective on first day of first pay period which

begins on or after July 1, 1966, see section 109(2) of Pub. L.

89-504.)

1964 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 88-426, title I, Sec. 122, Aug. 14, 1964, 78 Stat. 412,

provided that: ''The rates of compensation of persons employed by

the county committees establish pursuant to section 8(b) of the

Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))

shall be increased by amounts equal, as nearly as may be

practicable to the increases provided by section 102 of this Act

(amending section 1113(b) of former Title 5, Executive Departments

and Government Officers and Employees) for corresponding rates of

compensation in the appropriate schedule or scale of pay.''

1962 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 87-793, title VI, Sec. 1002, Oct. 11, 1962, 76 Stat. 865,

provided that: ''The rates of compensation of persons employed by

the county committees established pursuant to section 8(b) of the

Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))

shall be increased by amounts equal, as nearly as may be

practicable, to the increases provided by title II of this part

(amending section 1113(b) of former Title 5, Executive Departments

and Government Officers and Employees) for corresponding rates of

compensation in the appropriate schedule or scale of pay.''

1960 INCREASE IN RATES OF COMPENSATION OF PERSONS EMPLOYED BY

COUNTY COMMITTEES

Pub. L. 86-568, title I, Sec. 115(a), July 1, 1960, 74 Stat. 302,

provided that: ''The rates of compensation of persons employed by

the county committees established pursuant to section 8(b) of the

Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))

shall be increased by amounts equal, as nearly as may be

practicable, to the increases provided by this title (amending

section 1113(b) of former Title 5, Executive Departments and

Government Officers and Employees) for corresponding rates of

compensation in the appropriate schedule or scale of pay.''

''Increases provided by this title'', referred to above, means

increases provided by title I of Pub. L. 86-568.

TWO COUNTY COMMITTEES FOR CERTAIN COUNTIES IN MINNESOTA AND IOWA

Pub. L. 85-278, Sept. 2, 1957, 71 Stat. 601, provided: ''That,

notwithstanding the provisions of subsection (b) of section 8 of

the Soil Conservation and Domestic Allotment Act (subsec. (b) of

this section), two county committees shall be elected annually

under such subsection for the counties of Otter Tail, Polk, and

Saint Louis, in the State of Minnesota, and for the county of

Pottawattamie, in the State of Iowa, and that the actions

heretofore or hereafter taken by each of such committees shall be

given the same effect in the area served by it as is given to the

actions of the county committee in a county served by a single

county committee.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590g, 590l, 590m, 590q-3,

1307, 3801 of this title; title 5 sections 3502, 3521, 5306, 5334,

5595, 6312, 8331, 8332, 8701, 8901; title 7 sections 1301, 1308-4,

1314c, 1359ff, 1359jj, 1388, 1391, 1392, 1433a, 1433c-1, 1444,

1446, 1471b, 1838, 2008k, 2008l, 2272, 2279a, 6912, 6913, 6932,

6962, 6991, 7001, 7214, 7959, 7995; title 12 section 1150a; title

15 section 714b.

-CITE-

16 USC Sec. 590h-1, 590h-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590h-1, 590h-2. Omitted

-COD-

CODIFICATION

Section 590h-1, act June 16, 1938, ch. 464, title I, 52 Stat. 746

(the Department of Agriculture Appropriation Act, 1939), which

authorized the utilization of certain agencies in administering the

naval stores conservation programs and in making payments to gum

naval stores producers, was not repeated in subsequent

appropriation acts.

Section 590h-2, act July 2, 1940, ch. 521, Sec. 9, 54 Stat. 729,

which related to correction of certain inequities in agricultural

adjustment or conservation payments, was omitted as executed.

-CITE-

16 USC Sec. 590h-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590h-3. Repealed. Pub. L. 88-534, Sec. 2, Aug. 31, 1964, 78

Stat. 743

-MISC1-

Section, act Aug. 28, 1954, ch. 1041, title V, Sec. 503, 68 Stat.

908, provided that nothing in section 590h(b) of this title or in

any other law, shall be construed to authorize the imposition of

limitations upon the number of terms for which members of county

committees established under such section may be reelected. See

section 590h(b) of this title.

-CITE-

16 USC Sec. 590h-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590h-4. Repealed. Pub. L. 104-127, title III, Sec.

336(a)(2)(G), Apr. 4, 1996, 110 Stat. 1006

-MISC1-

Section, act Aug. 3, 1956, ch. 950, Sec. 6(b), 70 Stat. 1033,

provided conditions for payments of grants.

-CITE-

16 USC Sec. 590i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590i. Surveys and investigations; publication of information

-STATUTE-

The Secretary is authorized to conduct surveys, investigations,

and research relating to the conditions and factors affecting, and

methods of accomplishing most effectively, the policy and purposes

of section 590g(a) of this title. Notwithstanding any provision of

existing law, the Secretary is authorized to make public such

information as he deems necessary to carry out the provisions of

this chapter.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 9, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1150; amended June 28, 1937, ch. 395, Sec. 2, 50

Stat. 329; Pub. L. 97-375, title I, Sec. 103(c), Dec. 21, 1982, 96

Stat. 1819.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-375 struck out requirement that the Secretary

transmit to Congress a report on operations under this subchapter,

including a statement by classes and amounts of expenditures and

obligations, for the fiscal year ending June 30, 1937, and for each

fiscal year thereafter.

1937 - Act June 28, 1937, inserted last sentence.

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590g, 590m of this title;

title 7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590i-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590i-1. Omitted

-COD-

CODIFICATION

Section, act July 22, 1942, ch. 516, 56 Stat. 691 (the Department

of Agriculture Appropriation Act, 1943), which related to

furnishing photographs, mosaics, and maps required by the Soil

Conservation Service, was not repeated in subsequent appropriation

acts. Similar provisions were contained in the following prior

appropriation acts:

July 1, 1941, ch. 267, 55 Stat. 434.

June 25, 1940, ch. 421, 54 Stat. 560.

June 30, 1939, ch. 253, title I, 53 Stat. 973.

June 16, 1938, ch. 464, title I, 52 Stat. 744.

June 29, 1937, ch. 404, 50 Stat. 429.

-CITE-

16 USC Sec. 590i-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590i-2. Omitted

-COD-

CODIFICATION

Section, act July 2, 1942, ch. 473, 56 Stat. 508 (the Department

of the Interior Appropriation Act, 1943), which related to

furnishing photographs, mosaics, and maps required in soil

conservation operations of the Department of the Interior, was not

repeated in subsequent appropriation acts. Similar provision was

contained in prior appropriation act of June 28, 1941, ch. 259, 55

Stat. 306.

-CITE-

16 USC Sec. 590j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590j. ''Agricultural commodity'' defined

-STATUTE-

The term ''agricultural commodity'' as used in this chapter means

any such commodity and any regional or market classification, type,

or grade thereof.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 10, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1150.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590g, 590m of this title;

title 7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590k. Availability of funds

-STATUTE-

All funds available for carrying out this chapter shall be

available for allotment to the bureaus and offices of the

Department of Agriculture and for transfer to such other agencies

of the Federal or State Governments, or to local public agencies,

as the Secretary may request to cooperate or assist in carrying out

this chapter, and for payments to committees or associations of

producers in any region or regions to cover the estimated

administrative expenses to be incurred by any such committee or

association in cooperating in carrying out this chapter: Provided,

That the Secretary may prescribe that all or part of such estimated

expenses of any such committee or association may be deducted pro

rata from the payments or grants made to the members thereof:

Provided further, That the Secretary may make such payments in

advance of determination of performance. Funds so transferred may

be placed in a single account for each State.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 11, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1150; amended June 24, 1936, ch. 767, 49 Stat.

1915; Aug. 3, 1956, ch. 950, Sec. 6(c), 70 Stat. 1033; Pub. L.

104-127, title III, Sec. 336(a)(1)(B), Apr. 4, 1996, 110 Stat.

1005.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127, at end of first sentence, substituted

''performance'' for ''performance: Provided further, That the

transfer of funds for services of technicians in formulating and

carrying out agricultural conservation programs, from allotments

for agricultural conservation payments within a State, shall be

subject to such limitations and conditions as may be provided in

appropriation or other law''.

1956 - Act Aug. 3, 1956, authorized transfer of funds to local

public agencies and provided that transfer of funds for services of

technicians in formulating and carrying out agricultural programs

from allotments for agricultural conservation payments within the

State shall be subject to such limitations and conditions as may be

provided in the appropriation or other law, and that funds so

transferred may be placed in a single account for each State.

1936 - Act June 24, 1936, authorized availability of funds for

payments to committees or associations of producers to cover the

estimated administrative expenses.

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590g, 590m of this title;

title 7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590l. Expansion of domestic and foreign markets for

agricultural commodities; advances for crop insurance; transfer

of funds to corporation

-STATUTE-

(a) Market expansion and surplus disposition

Whenever the Secretary finds that the exercise of the powers

conferred in this section will tend to carry out the purpose

specified in clause (5) of section 590g(a) of this title, or will

tend to provide for and maintain a continuous and stable supply of

agricultural commodities adequate to meet consumer demand at prices

fair to both producers and consumers, or both, he shall use such

part as he deems necessary of the sums appropriated to carry out

this chapter for the expansion of domestic and foreign markets or

for seeking new or additional markets for agricultural commodities

or the products thereof or for the removal or disposition of

surpluses of such commodities or the products thereof.

(b) Advances for premiums

The Secretary is authorized to make advances to producers for the

purpose of assisting them to insure their crops with the Federal

Crop Insurance Corporation. The Secretary shall remit the amount of

any such advances to a producer directly to such Corporation in

payment of the premium on the insurance for which the producer has

made application. Advances shall only be made to producers who are

participating or who agree to participate in a program formulated

pursuant to section 590h of this title. Except as otherwise

provided in this subsection, the terms and conditions of such

advances shall be fixed by the Secretary. In carrying out the

provisions of this subsection, the Secretary may transfer to the

Federal Crop Insurance Corporation, prior to the execution of

applications for insurance or requests for advances by producers,

the funds estimated as necessary to cover the advances which will

be requested for the payment of premiums under a crop-insurance

program, and any portion of such funds not used for advances to

producers under such program shall be returned to the Secretary by

the Federal Crop Insurance Corporation.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 12, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1151; amended Mar. 25, 1939, ch. 15, 53 Stat. 550;

July 2, 1940, ch. 521, Sec. 1, 54 Stat. 727.)

-MISC1-

AMENDMENTS

1940 - Subsec. (b). Act July 2, 1940, inserted last sentence.

1939 - Act Mar. 25, 1939, designated existing provisions as

subsec. (a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

Administration of program of Federal Crop Insurance Corporation

transferred to Secretary of Agriculture by Reorg. Plan No. 3 of

1946, Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100,

set out in the Appendix to Title 5, Government Organization and

Employees.

Federal Crop Insurance Corporation consolidated with other

agencies into Agricultural Conservation and Adjustment

Administration for duration of World War II, see Ex. Ord. No. 9069,

Feb. 23, 1942.

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 590g, 590m of this title;

title 7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590m. Execution of powers of Secretary by Production and

Marketing Administration

-STATUTE-

Notwithstanding the foregoing provisions of this chapter, the

Secretary is authorized and directed to provide for the execution

by the Production and Marketing Administration of such powers

conferred upon him under sections 590g, 590h, 590i, and 590j to

590n of this title as he deems may be appropriately exercised by

such Administration, and for such purposes the provisions of law

applicable to the appointment and compensation of persons employed

by the Production and Marketing Administration shall apply.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 13, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1151; amended 1946 Reorg. Plan No. 3, Sec. 501,

eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

Production and Marketing Administration functions transferred to

other units of Department of Agriculture under Secretary's

memorandum 1320, supp. 4, of Nov. 2, 1953.

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

Agriculture Adjustment Administration consolidated into

Production and Marketing Administration by Secretary of

Agriculture's Memorandum No. 1118, Aug. 18, 1945, which

consolidation was ratified by 1946 Reorg. Plan No. 3, set out in

the Appendix to Title 5, Government Organization and Employees.

Federal Crop Insurance Corporation consolidated with other

agencies into Agricultural Conservation and Adjustment

Administration for duration of World War II, see Ex. Ord. No. 9069,

Feb. 23, 1942.

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590g of this title; title

7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590n. Payments reviewable only by Secretary

-STATUTE-

The facts constituting the bases for any payment or grant or the

amount thereof authorized to be made under section 590g of this

title, when officially determined in conformity with rules or

regulations prescribed by the Secretary of Agriculture, shall be

reviewable only by the Secretary of Agriculture.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 14, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1151; amended Aug. 3, 1956, ch. 950, Sec. 6(a), 70

Stat. 1033; Pub. L. 104-127, title III, Sec. 336(a)(1)(C), Apr. 4,

1996, 110 Stat. 1005.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 struck out ''or 590h'' after ''section

590g'' and struck out at end ''Payments to claimants under sections

590g, 590h, 590i, 590j to 590q, inclusive, of this title may be

made upon the certificate of the claimant, which certificate shall

be in such form as the Secretary of Agriculture may prescribe, that

he has carried out the conservation practice or practices and has

complied with all other requirements as conditions for such

payments and that the statements and information contained in the

application for payment are correct and true, to the best of his

knowledge and belief, under the penalties of title 18.''

1956 - Act Aug. 3, 1956, inserted provisions relating to payments

to be made to claimant upon his certificate, and form of such

certificate.

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 590g of this title; title

7 sections 1388, 1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590o. Authorization of appropriations; distribution of

appropriated funds

-STATUTE-

To enable the Secretary of Agriculture to carry out the purposes

of section 590g of this title there is authorized to be

appropriated for any fiscal year not exceeding $500,000,000. The

amount appropriated shall be available until expended. The

Secretary shall distribute the funds available for financial

assistance among the several States in accordance with their

conservation needs, as determined by the Secretary.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 15, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1151; amended Feb. 16, 1938, ch. 30, title I, Sec.

104, 52 Stat. 35; Aug. 28, 1954, ch. 1041, title V, Sec. 502, 68

Stat. 908; Pub. L. 92-419, title VI, Sec. 606(6), Aug. 30, 1972, 86

Stat. 677; Pub. L. 95-113, title XV, Sec. 1501(b), Sept. 29, 1977,

91 Stat. 1020; Pub. L. 104-127, title III, Sec. 336(a)(1)(D), Apr.

4, 1996, 110 Stat. 1005.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''section 590g'' for

''sections 590g and 590h'', struck out ''A specified amount or

percentage of the appropriation shall be designated for long-term

agreements based on farm and ranch conservation plans approved by

local conservation districts, where such districts are organized.''

before ''The Secretary shall distribute'', and struck out last par.

which read as follows: ''Notwithstanding the foregoing provisions

of this section and the provisions of section 590g(g) of this

title, programs of soil-building practices, soil- and

water-conserving practices, and agriculture-related pollution

prevention and abatement practices shall be based on a distribution

of the funds available for payments and grants among the several

States in accordance with their conservation needs, as determinated

by the Secretary, except that the proportion allocated to any State

shall not be reduced by more than 15 per centum from the

distribution of such funds for the next preceding program year. In

carrying out such programs, the Secretary shall give particular

consideration to conservation problems on farm lands diverted from

crops under acreage allotment programs and to the maintenance of a

proper balance between soil conserving and soil depleting crops on

the farm.''

1977 - Pub. L. 95-113 inserted provisions directing that

appropriated funds be available until expended, that funds be made

available for long-term agreements, and that the Secretary

distribute the available funds among the several States in

accordance with their conservation needs as determined by the

Secretary and struck out provisions setting out a formula for

determining the proper allocation of funds as between the various

commodities and making reference to programs of soil-building

practices, soil-conserving and water-conserving practices, and

agricultural-related pollution prevention and abatement practices.

1972 - Pub. L. 92-419 made provisions of last paragraph

respecting distribution of funds applicable to programs of

agriculture-related pollution prevention and abatement practices.

1954 - Act Aug. 28, 1954, inserted last par.

1938 - Act Feb. 16, 1938, inserted par. beginning ''The funds

available''.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 105 of act Feb. 16, 1938, as amended by section 1 of act

Apr. 7, 1938, provided that the amendment made by that act,

amending 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 county or other local committee which has been

constituted prior to February 1, 1938.''

-TRANS-

TRANSFER OF FUNCTIONS

Functions respecting lands under jurisdiction of Department of

the Interior, see Transfer of Functions note set out under section

590a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 1292, 1301, 1388,

1391, 1392; title 12 section 1150a.

-CITE-

16 USC Sec. 590p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590p. Repealed. Pub. L. 104-127, title III, Sec. 336(b)(1),

Apr. 4, 1996, 110 Stat. 1006

-MISC1-

Section, act Apr. 27, 1935, ch. 85, Sec. 16, as added Feb. 29,

1936, ch. 104, Sec. 1, 49 Stat. 1151; amended Aug. 7, 1956, ch.

1030, Sec. 1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 86-793, Sec.

1, 74 Stat. 1030; Mar. 22, 1961, Pub. L. 87-5, Sec. 2, 75 Stat. 6;

Aug. 8, 1961, Pub. L. 87-128, title I, Sec. 132, title IV, Sec.

401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 87-425, Sec. 2, 76

Stat. 50; May 15, 1962, Pub. L. 87-451, Sec. 4, 76 Stat. 70; Sept.

27, 1962, Pub. L. 87-703, title I, Sec. 101(4), (5), title III,

Sec. 302, 76 Stat. 606, 607, 612; May 20, 1963, Pub. L. 88-26, Sec.

3, 77 Stat. 45; Nov. 3, 1965, Pub. L. 89-321, title III, Sec. 302,

title VI, Sec. 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L.

90-559, Sec. 1(1), 82 Stat. 996; Nov. 18, 1969, Pub. L. 91-118,

Sec. 1-3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 91-524, title

VIII, Sec. 801, 84 Stat. 1379; June 6, 1980, Pub. L. 96-263, Sec.

1, 94 Stat. 438; Nov. 28, 1990, Pub. L. 101-624, title XIV, Sec.

1455, 104 Stat. 3614; Nov. 2, 1994, Pub. L. 103-437, Sec. 6(s), 108

Stat. 4587, related to limitation on obligations incurred for

purpose of carrying out certain sections and Great Plains

conservation program.

-CITE-

16 USC Sec. 590p-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590p-1. Limitation on wetlands drainage assistance to aid

wildlife preservation; termination of limitation;

redetermination of need for assistance upon change of ownership

of lands

-STATUTE-

The Secretary of Agriculture shall not enter into an agreement in

the States of North Dakota, South Dakota, and Minnesota to provide

financial or technical assistance for wetland drainage on a farm

under authority of this chapter, if the Secretary of the Interior

has made a finding that wildlife preservation will be materially

harmed on that farm by such drainage and that preservation of such

land in its undrained status will materially contribute to wildlife

preservation and such finding, identifying specifically the farm

and the land on that farm with respect to which the finding was

made, has been filed with the Secretary of Agriculture within

ninety days after the filing of the application for drainage

assistance: Provided, That the limitation against furnishing such

financial or technical assistance shall terminate (1) at such time

as the Secretary of the Interior notifies the Secretary of

Agriculture that such limitation should not be applicable, (2) one

year after the date on which the adverse finding of the Secretary

of the Interior was filed unless during that time an offer has been

made by the Secretary of the Interior or a State government agency

to lease or to purchase the wetland area from the owner thereof as

a waterfowl resource, or (3) five years after the date on which

such adverse finding was filed if such an offer to lease or to

purchase such wetland area has not been accepted by the owner

thereof: Provided further, That upon any change in the ownership of

the land with respect to which such adverse finding was filed, the

eligibility of such land for such financial or technical assistance

shall be redetermined in accordance with the provisions of this

section.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 16A, as added Pub. L. 87-732, Oct. 2,

1962, 76 Stat. 696.)

-CITE-

16 USC Sec. 590q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590q. Coverage; ''State'' defined; short title

-STATUTE-

(a) This chapter shall apply to the States, the Commonwealth of

Puerto Rico, Guam, American Samoa, the Northern Mariana Islands,

and the Virgin Islands, and, as used in this chapter, the term

''State'' includes Puerto Rico, Guam, American Samoa, the Northern

Mariana Islands, and the Virgin Islands.

(b) This chapter may be cited as the ''Soil Conservation and

Domestic Allotment Act''.

-SOURCE-

(Apr. 27, 1935, ch. 85, Sec. 17, as added Feb. 29, 1936, ch. 104,

Sec. 1, 49 Stat. 1151; amended July 26, 1947, ch. 339, Sec. 2, 61

Stat. 494; Pub. L. 86-70, Sec. 13(b), June 25, 1959, 73 Stat. 143;

Pub. L. 86-624. Sec. 8(b), July 12, 1960, 74 Stat. 412; Pub. L.

98-454, title VI, Sec. 601(d), Oct. 5, 1984, 98 Stat. 1736.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-454 inserted reference to Guam,

American Samoa, and the Northern Mariana Islands in two places.

1960 - Subsec. (a). Pub. L. 86-624 substituted ''States, the

Commonwealth of Puerto Rico'' for ''States, the Territory of

Hawaii, and the possessions of Puerto Rico'', and struck out

''Hawaii'' from definition of ''State''.

1959 - Subsec. (a). Pub. L. 86-70 substituted ''the States, the

Territory of Hawaii,'' for ''the United States, the Territories of

Alaska and Hawaii'', and struck out ''Alaska,'' after ''the term

'State' includes''.

1947 - Subsec. (a). Act July 26, 1947, included the Virgin

Islands.

REPEALS

Section 3 of act July 26, 1947, repealed all laws in conflict

therewith.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 1388, 1391, 1392;

title 12 section 1150a.

-CITE-

16 USC Sec. 590q-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590q-1. Sale and distribution of supplies, materials, and

equipment to other Government agencies; reimbursement

-STATUTE-

The Soil Conservation Service subject to applicable regulations

under the Federal Property and Administrative Services Act of 1949,

as amended, may sell and distribute supplies, materials, 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.

-SOURCE-

(Sept. 21, 1944, ch. 412, title III, Sec. 302(b), 58 Stat. 738;

Oct. 31, 1951, ch. 654, Sec. 2(12), 65 Stat. 707.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-COD-

CODIFICATION

Section was enacted as part of the Department of Agriculture

Organic Act of 1944, and not as part of the Soil Conservation and

Domestic Allotment Act which comprises this chapter.

-MISC3-

AMENDMENTS

1951 - Act Oct. 31, 1951, inserted reference to applicable

regulations of the Federal Property and Administrative Services Act

of 1949, as amended.

-CITE-

16 USC Sec. 590q-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590q-2. Voluntary relinquishment of allotments

-STATUTE-

Notwithstanding any other provision of law, the Secretary may

provide for the reduction or cancellation of any allotment or base

when the owner of the farm states in writing that he has no further

use of such allotment or base.

-SOURCE-

(Pub. L. 91-524, title VIII, Sec. 803, Nov. 30, 1970, 84 Stat.

1381.)

-COD-

CODIFICATION

Section was enacted as part of the Agriculture Act of 1970, and

not as part of the Soil Conservation and Domestic Allotment Act

which comprises this chapter.

-CITE-

16 USC Sec. 590q-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 3B - SOIL CONSERVATION

-HEAD-

Sec. 590q-3. Critical lands resource conservation program in Great

Plains area

-STATUTE-

Notwithstanding any other provision of law -

(a) Authorization for program

The Secretary of Agriculture is authorized to formulate and carry

out a program with owners and operators of land in the Great Plains

area as described in section 590p(b) (FOOTNOTE 1) of this title to

reduce runoff, soil and water erosion, and otherwise to promote the

conservation of soil and water resources in such area through the

conversion of cropland from soil depleting uses to conserving uses

including the production of soil conserving cover crops.

(FOOTNOTE 1) See References in Text note below.

(b) Terms of agreements with owners or operators

To effectuate the purposes of the program, the Secretary may

enter into an agreement for a two-year period with an owner or

operator as described in subsection (a) of this section whereby the

owner or operator shall agree to devote to a soil conserving cover

crop a specifically designated acreage of cropland on the farm up

to 50 per centum of the acreage which had been planted to any soil

depleting crop or crops in any of the two years preceding the date

of the agreement. The agreement shall be renewable for annual

periods thereafter subject to the mutual agreement of the owner or

operator and the Secretary. In such agreement, the owner or

operator shall agree (1) to plant a legume, or if not adapted to

such area, an annual, biennial, or a perennial cover crop, as

specified in the agreement; (2) to divert from production such

portion of one or more crops designated by the Secretary as the

Secretary determines necessary to effectuate the purpose of the

program; (3) not to harvest any crop from or graze the designated

acreage during the agreement period, unless the Secretary

determines that it is necessary to permit grazing or harvesting in

order to alleviate damage, hardship, or suffering caused by severe

drought, flood, or other natural disaster, and consents to such

grazing or harvesting subject to an appropriate reduction in the

rate of payment; (4) to give adequate assurance, as specified by

the Secretary, that the land was not acquired for the purpose of

placing it in the program: Provided, That the foregoing provision

shall not prohibit the continuation of an agreement by a new owner

if an agreement has once been entered into under this section nor

prevent an owner or operator from placing a farm in the program if

the farm was acquired by the owner to replace an eligible farm from

which he was displaced because of its acquisition by any Federal,

State, or other agency having the right of eminent domain; (5) to

forfeit all rights to further payments under the agreement and

refund to the United States all payments received thereunder upon

his violation of the agreement at any stage during the time he has

control of the land if the Secretary determines that such violation

is of such a nature as to warrant termination of the agreement, or

to make refunds or accept such payment adjustments as the Secretary

may deem appropriate if the Secretary determines that the violation

by the owner or operator does not warrant termination of the

agreement; (6) upon transfer of his right and interest in the farm,

during the agreement period, to forfeit all rights to further

payments under the agreement and refund to the United States all

payments received thereunder unless the transferee of any such land

agrees with the Secretary to assume all obligations of the

agreement; (7) not to adopt any practice specified by the Secretary

in the agreement as a practice which would tend to defeat the

purposes of the agreement; and (8) to such additional provisions as

the Secretary determines are desirable to effectuate the purposes

of the program or to facilitate the practical administration of the

program, including such measures as the Secretary may deem

appropriate to keep the designated acreage from eroding and free

from weeds and rodents in accordance with good conservation

systems.

(c) Annual adjustment payments

In consideration for such agreement, the Secretary shall make

annual adjustment payments to the owner or operator for the period

of the agreement at such rate or rates not in excess of $30 per

acre as the Secretary determines to be fair and reasonable. The

Secretary may use an advertising and bid procedure in determining

the lands in any area to be covered by agreements and the payment

rate therefor. The Secretary and the owner or operator may agree

that the annual adjustment payments for the agreement period shall

be made either upon approval of the agreement or in such

installments as they may agree to be desirable: Provided, That for

each year any annual adjustment payment is made in advance of

performance, the annual adjustment payment shall be reduced by 5

per centum.

(d) Termination of agreements

The Secretary may terminate any agreement under the program, by

mutual agreement with the owner or operator, if the Secretary

determines that such termination would be in the public interest,

and may agree with the owner or operator to such modification of

agreements as the Secretary may determine to be desirable to carry

out the purposes of the program or facilitate its administration.

(e) Preservation of cropland, crop acreage, and allotment history

The Secretary may, to the extent the Secretary deems it

desirable, provide by appropriate regulations for preservation of

cropland, crop acreage, and allotment history applicable to acreage

diverted from the production of crops to establish vegetative cover

for the purpose of any Federal program under which such history is

used as a basis for an allotment or other limitation or for

participation in such program.

(f) Utilization of Federal and non-Federal offices

In carrying out the program, the Secretary shall utilize the

services of local, county, and State committees established under

section 590h of this title and the technical services of the Soil

Conservation Service and soil and water conservation districts.

(g) Program payments

In case any producer who is entitled to any payment under the

program dies, becomes incompetent, or disappears before receiving

such payment, or is succeeded by another who renders or completes

the required performance, the payment shall, without regard to any

other provisions of law, be made as the Secretary may determine to

be fair and reasonable.

(h) Tenants and sharecroppers

The Secretary shall provide adequate safeguards to protect the

interests of tenants and sharecroppers, including provision for

sharing, on a fair and equitable basis, in payments under the

program.

(i) Rules and regulations

The Secretary shall prescribe such regulations as the Secretary

determines necessary to carry out the provisions of this section.

(j) Authorization of appropriations; utilization of Commodity

Credit Corporation

There are authorized to be appropriated for the period beginning

October 1, 1977, and ending September 30, 1981, such sums as may be

necessary to carry out the program provided for in this section.

The Secretary is authorized to utilize the facilities, services,

and authorities of the Commodity Credit Corporation in discharging

the Secretary's functions and responsibilities under the program,

including payment of costs of administration: Provided, That the

Commodity Credit Corporation shall not make any expenditures for

such purposes unless the Corporation has received funds to cover

such expenditures from appropriations made to carry out this

section.

-SOURCE-

(Pub. L. 95-113, title XV, Sec. 1511, Sept. 29, 1977, 91 Stat.

1022.)

-REFTEXT-

REFERENCES IN TEXT

Section 590p of this title, referred to in subsec. (a), was

repealed by Pub. L. 104-127, title III, Sec. 336(b)(1), Apr. 4,

1996, 110 Stat. 1006.

-COD-

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of

1977, and not as part of the Soil Conservation and Domestic

Allotment Act which comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 1901 of Pub. L.

95-113, set out as an Effective Date of 1977 Amendment note under

section 1307 of Title 7, Agriculture.

-CITE-