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16 USC CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

.

-HEAD-

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-MISC1-

Sec.

2001. Congressional findings.

2002. Definitions.

2003. Congressional policy and declaration of purpose.

(a) Responsiveness to long-term needs.

(b) Full utilization of cooperative arrangements with

State agencies.

(c) Attainment of policies and purposes.

2004. Continuing appraisal of soil, water, and related resources.

(a) Data.

(b) Collection of data.

(c) Public participation.

(d) Completion dates.

2005. Soil and water conservation program.

(a) Program development.

(b) Completion dates.

2005a, 2005b. Repealed.

2006. Reports to Congress.

(a) Appraisal, program, and detailed statement of

policy when Congress convenes.

(b) Annual report accompanying budget covering

program effectiveness.

2007. Authorization of appropriations.

2008. Utilization of available information and data.

2009. Termination of program.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 582a of this title.

-CITE-

16 USC Sec. 2001 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2001. Congressional findings

-STATUTE-

The Congress finds that:

(1) There is a growing demand on the soil, water, and related

resources of the Nation to meet present and future needs.

(2) The Congress, in its concern for sustained use of the

resource base, (FOOTNOTE 1) of the United States, has ensured that

the Department of Agriculture possesses information, technical

expertise, and a delivery system for providing assistance to land

users with respect to conservation and use of soils; plants;

woodlands; watershed protection and flood prevention; the

conservation, development, utilization, and disposal of water;

animal husbandry; fish and wildlife management; recreation;

community development; and related resource uses.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(3) Resource appraisal is basic to effective soil and water

conservation. Since individual and governmental decisions

concerning soil and water resources often transcend administrative

boundaries and affect other programs and decisions, a coordinated

appraisal and program framework are essential.

-SOURCE-

(Pub. L. 95-192, Sec. 2, Nov. 18, 1977, 91 Stat. 1407; Pub. L.

103-354, title II, Sec. 246(f)(2)(A), Oct. 13, 1994, 108 Stat.

3225.)

-MISC1-

AMENDMENTS

1994 - Par. (2). Pub. L. 103-354 struck out ''created the Soil

Conservation Service'' after ''resource base,'' and substituted '',

has ensured that the Department of Agriculture'' for ''Department

of Agriculture which'' after ''United States''.

SHORT TITLE

Section 1 of Pub. L. 95-192 provided: ''That this Act (enacting

this chapter) may be cited as the 'Soil and Water Resources

Conservation Act of 1977'.''

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16 USC Sec. 2002 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2002. Definitions

-STATUTE-

As used in this chapter:

(1) The term ''Secretary'' means the Secretary of Agriculture.

(2) The term ''soil, water, and related resources'' means those

resources which come within the scope of the programs administered

and participated in by the Secretary of Agriculture.

(3) The term ''soil and water conservation program'' means a set

of guidelines for attaining the purposes of this chapter.

-SOURCE-

(Pub. L. 95-192, Sec. 3, Nov. 18, 1977, 91 Stat. 1407; Pub. L.

103-354, title II, Sec. 246(f)(2)(B), Oct. 13, 1994, 108 Stat.

3225.)

-MISC1-

AMENDMENTS

1994 - Par. (2). Pub. L. 103-354 struck out ''through the Soil

Conservation Service'' after ''Agriculture''.

-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.

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16 USC Sec. 2003 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2003. Congressional policy and declaration of purpose

-STATUTE-

(a) Responsiveness to long-term needs

In order to further the conservation of soil, water, and related

resources, it is declared to be the policy of the United States and

purpose of this chapter that the conduct of programs administered

by the Secretary of Agriculture for the conservation of such

resources shall be responsive to the long-term needs of the Nation,

as determined under the provisions of this chapter.

(b) Full utilization of cooperative arrangements with State

agencies

Recognizing that the arrangements under which the Federal

Government cooperates with State soil and water conservation

agencies and other appropriate State natural resource agencies such

as those concerned with forestry and fish and wildlife and, through

conservation districts, with other local units of government and

land users, have effectively aided in the protection and

improvement of the Nation's basic resources, including the

restoration and maintenance of resources damaged by improper use,

it is declared to be the policy of the United States that these

arrangements and similar cooperative arrangements should be

utilized to the fullest extent practicable to achieve the purpose

of this chapter consistent with the roles and responsibilities of

the non-Federal agencies, landowners and land users.

(c) Attainment of policies and purposes

The Secretary shall promote the attainment of the policies and

purposes expressed in this chapter by -

(1) appraising on a continuing basis the soil, water, and

related resources of the Nation;

(2) developing and updating periodically a program for

furthering the conservation, protection, and enhancement of the

soil, water, and related resources of the Nation consistent with

the roles and program responsibilities of other Federal agencies

and State and local governments; and

(3) providing to Congress and the public, through reports, the

information developed pursuant to paragraphs (1) and (2) of this

subsection, and by providing Congress with an annual evaluation

report as provided in section 2006 of this title.

-SOURCE-

(Pub. L. 95-192, Sec. 4, Nov. 18, 1977, 91 Stat. 1407.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 2002 of this title.

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16 USC Sec. 2004 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2004. Continuing appraisal of soil, water, and related

resources

-STATUTE-

(a) Data

In recognition of the importance of and need for obtaining and

maintaining information on the current status of soil, water, and

related resources, the Secretary is authorized and directed to

carry out a continuing appraisal of the soil, water, and related

resources of the Nation. The appraisal shall include, but not be

limited to -

(1) data on the quality and quantity of soil, water, and

related resources, including fish and wildlife habitats;

(2) data on the capability and limitations of those resources

for meeting current and projected demands on the resource base;

(3) data on the changes that have occurred in the status and

condition of those resources resulting from various past uses,

including the impact of farming technologies, techniques, and

practices;

(4) data on current Federal and State laws, policies, programs,

rights, regulations, ownerships, and their trends and other

considerations relating to the use, development, and conservation

of soil, water, and related resources;

(5) data on the costs and benefits of alternative soil and

water conservation practices; and

(6) data on alternative irrigation techniques regarding their

costs, benefits, and impact on soil and water conservation, crop

production, and environmental factors.

(b) Collection of data

The appraisal shall utilize data collected under this chapter and

pertinent data and information collected by the Department of

Agriculture and other Federal, State, and local agencies and

organizations. The Secretary shall establish an integrated system

capable of using combinations of resource data to determine the

quality and capabilities for alternative uses of the resource base

and to identify areas of local, State, and National concerns and

related roles pertaining to soil and water conservation, resource

use and development, and environmental improvement.

(c) Public participation

The appraisal shall be made in cooperation with conservation

districts, State soil and water conservation agencies, and other

appropriate citizen groups, and local and State agencies under such

procedures as the Secretary may prescribe to insure public

participation.

(d) Completion dates

The Secretary shall conduct four comprehensive appraisals under

this section, to be completed by December 31, 1979, December 31,

1986, December 31, 1995, and December 31, 2005, respectively. The

Secretary may make such additional interim appraisals as the

Secretary considers appropriate.

-SOURCE-

(Pub. L. 95-192, Sec. 5, Nov. 18, 1977, 91 Stat. 1408; Pub. L.

99-198, title XII, Sec. 1252(a), Dec. 23, 1985, 99 Stat. 1516.)

-MISC1-

AMENDMENTS

1985 - Subsec. (d). Pub. L. 99-198 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

appraisal shall be completed by December 31, 1979, and at each

five-year interval thereafter during the period this chapter is in

effect.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 2002 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1674, 1675, 2005, 2006 of

this title; title 7 section 3121.

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16 USC Sec. 2005 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2005. Soil and water conservation program

-STATUTE-

(a) Program development

The Secretary is hereby authorized and directed to develop in

cooperation with and participation by the public through

conservation districts, State and national organizations and

agencies, and other appropriate means, a national soil and water

conservation program (hereinafter called the ''program'') to be

used as a guide in carrying out the activities of the Secretary

which assist landowners and land users, at their request, in

furthering soil and water conservation on the private and

non-Federal lands of the Nation. The program shall set forth

direction for future soil and water conservation efforts of the

United States Department of Agriculture based on the current soil,

water, and related resource appraisal developed in accordance with

section 2004 of this title, taking into consideration both the

long- and short-term needs of the Nation, the landowners, and the

land users, and the roles and responsibilities of Federal, State,

and local governments in such conservation efforts. The program

shall also include but not be limited to -

(1) analysis of the Nation's soil, water, and related resource

problems;

(2) analysis of existing Federal, State, and local government

authorities and adjustments needed;

(3) an evaluation of the effectiveness of the soil and water

conservation ongoing programs and the overall progress being

achieved by Federal, State, and local programs and the landowners

and land users in meeting the soil and water conservation

objectives of this chapter;

(4) identification and evaluation of alternative methods for

the conservation, protection, environmental improvement, and

enhancement of soil and water resources, in the context of

alternative time frames, and a recommendation of the preferred

alternatives and the extent to which they are being implemented;

(5) investigation and analysis of the practicability,

desirability, and feasibility of collecting organic waste

materials, including manure, crop and food wastes, industrial

organic waste, municipal sewage sludge, logging and

wood-manufacturing residues, and any other organic refuse,

composting, or similarly treating such materials, transporting

and placing such materials onto the land to improve soil tilth

and fertility. The analysis shall include the projected cost of

such collection, transportation, and placement in accordance with

sound locally approved soil and water conservation practices;

(6) analysis of the Federal and non-Federal inputs required to

implement the program;

(7) analysis of costs and benefits of alternative soil and

water conservation practices; and

(8) investigation and analysis of alternative irrigation

techniques regarding their costs, benefits, and impact on soil

and water conservation, crop production, and environmental

factors.

(b) Completion dates

The initial program shall be completed not later than December

31, 1979, and program updates shall be completed by December 31,

1987, December 31, 1997, and December 31, 2007, respectively.

-SOURCE-

(Pub. L. 95-192, Sec. 6, Nov. 18, 1977, 91 Stat. 1409; Pub. L.

99-198, title XII, Sec. 1252(b), Dec. 23, 1985, 99 Stat. 1516; Pub.

L. 103-354, title II, Sec. 246(f)(2)(C), Oct. 13, 1994, 108 Stat.

3225.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-354 in first sentence of

introductory provisions substituted ''Secretary'' for ''Soil

Conservation Service'' before ''which assist''.

1985 - Subsec. (b). Pub. L. 99-198 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

program plan shall be completed not later than December 31, 1979,

and be updated at each five-year interval thereafter during the

period this chapter is in effect.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 2002 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2006 of this title; title

7 section 3121.

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16 USC Sec. 2005a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2005a. Repealed. Pub. L. 104-127, title III, Sec. 336(e), Apr.

4, 1996, 110 Stat. 1007

-MISC1-

Section, Pub. L. 99-198, title XII, Sec. 1251, Dec. 23, 1985, 99

Stat. 1516, related to technical assistance for water resources.

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16 USC Sec. 2005b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2005b. Repealed. Pub. L. 107-171, title II, Sec. 2502(b), May

13, 2002, 116 Stat. 267

-MISC1-

Section, Pub. L. 104-127, title III, Sec. 386, Apr. 4, 1996, 110

Stat. 1017, related to conservation of private grazing land. See

section 3839bb of this title.

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16 USC Sec. 2006 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2006. Reports to Congress

-STATUTE-

(a) Appraisal, program, and detailed statement of policy when

Congress convenes

(1) At the time Congress convenes in 1980, 1987, 1996, and 2006,

the President shall transmit to the Speaker of the House of

Representatives and the President of the Senate the appraisal

developed under section 2004 of this title and completed prior to

the end of the previous year.

(2) At the time Congress convenes in 1980, 1988, 1998, and 2008,

the President shall transmit to the Speaker of the House of

Representatives and the President of the Senate the initial program

or updated program developed under section 2005 of this title and

completed prior to the end of the previous year, together with a

detailed statement of policy regarding soil and water conservation

activities of the United States Department of Agriculture.

(b) Annual report accompanying budget covering program

effectiveness

The Secretary, during budget preparation for fiscal year 1982 and

annually thereafter during the period this chapter is in effect,

shall prepare and transmit to the Congress, through the President,

a report to accompany the budget which evaluates the program's

effectiveness in attaining the purposes of this chapter. The

report, prepared in concise summary form with appropriate detailed

appendices, shall contain pertinent data from the current resource

appraisal required to be prepared by section 2004 of this title,

shall set forth the progress in implementing the program required

to be developed by section 2005 of this title, and shall contain

appropriate measurements of pertinent costs and benefits. The

evaluation shall assess the balance between economic factors and

environmental quality factors. The report shall also indicate

plans for implementing action and recommendations for new

legislation where warranted.

-SOURCE-

(Pub. L. 95-192, Sec. 7, Nov. 18, 1977, 91 Stat. 1410; Pub. L.

99-198, title XII, Sec. 1252(c), Dec. 23, 1985, 99 Stat. 1516.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-198, Sec. 1252(c)(1), added

subsec. (a) and struck out former subsec. (a) which read as

follows: ''On the first day Congress convenes in 1980 and at each

five-year interval thereafter during the period this chapter is in

effect the President shall transmit to the Speaker of the House of

Representatives and the President of the Senate, the appraisal and

the program as required by sections 2004 and 2005 of this title,

together with a detailed statement of policy regarding soil and

water conservation activities of the United States Department of

Agriculture.''

Subsecs. (b), (c). Pub. L. 99-198, Sec. 1252(c)(2), (3), struck

out subsec. (b) which provided for an annual report of program and

policy achievement, and redesignated subsec. (c) as (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2003 of this title.

-CITE-

16 USC Sec. 2007 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2007. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such funds as may be

necessary to carry out the purposes of this chapter.

-SOURCE-

(Pub. L. 95-192, Sec. 8, Nov. 18, 1977, 91 Stat. 1411.)

-CITE-

16 USC Sec. 2008 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2008. Utilization of available information and data

-STATUTE-

In the implementation of this chapter, the Secretary shall

utilize information and data available from other Federal, State,

and local governments, and private organizations and he shall

coordinate his actions with the resource appraisal and planning

efforts of other Federal agencies and avoid unnecessary duplication

and overlap of planning and program efforts.

-SOURCE-

(Pub. L. 95-192, Sec. 9, Nov. 18, 1977, 91 Stat. 1411.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for the Alaska

Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, see note set out under section 2002 of this

title.

-CITE-

16 USC Sec. 2009 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION

-HEAD-

Sec. 2009. Termination of program

-STATUTE-

The provisions of this chapter shall terminate on December 31,

2008.

-SOURCE-

(Pub. L. 95-192, Sec. 10, Nov. 18, 1977, 91 Stat. 1411; Pub. L.

99-198, title XII, Sec. 1252(d), Dec. 23, 1985, 99 Stat. 1517.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 substituted ''2008'' for ''1985''.

-CITE-