16 U.S.C. § 590a — Purpose

Page 1104 TITLE 16—CONSERVATION § 590a Act Apr. 8, 1935, ch. 48, § 14, 49 Stat. 119, formerly clas- sified to section 590 of this title, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649. CHAPTER 3B—SOIL CONSERVATION Sec. 590a. Purpose. 590b. Lands on which preventive measures may be taken. 590c. Conditions under which benefits of law ex- tended to nongovernment controlled lands. 590d. Cooperation of governmental agencies; offi- cers and employees, appointment and com- pensation; expenditures for personal serv- ices and supplies. 590e to 590e–2. Repealed or Omitted. 590f. Authorization of appropriations and con- servation technical assistance funds. 590g. Additional policies and purposes of chapter. 590g–1, 590g–2. Omitted. 590h. Payments and grants of aid. 590h–1 to 590h–4. Omitted or Repealed. 590i. Surveys and investigations; publication of in- formation. 590i–1, 590i–2. Omitted. 590j. Definitions. 590k. Availability of funds. 590l. Expansion of domestic and foreign markets for agricultural commodities; advances for crop insurance; transfer of funds to corpora- tion. 590m. Execution of powers of Secretary by Produc- tion 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 Repealed. 590p–1.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 as- sistance 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 agen- cies; reimbursement. 590q–2. Voluntary relinquishment of allotments. 590q–3. Critical lands resource conservation program in Great Plains area. § 590a. Purpose 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 pro- vide permanently for the control and prevention of soil erosion to preserve soil, water, and re- lated resources, promote soil and water quality, control floods, prevent impairment of reservoirs, and maintain the navigability of rivers and har- bors, protect public health, public lands and re- lieve unemployment, and the Secretary of Agri- culture, from now on, shall coordinate and di- rect all activities with relation to soil erosion and in order to effectuate this policy is author- ized, from time to time— (1) To conduct surveys, investigations, and re- search 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 con- cerning such methods, and to conduct dem- onstrational projects in areas subject to erosion by wind or water; (2) To carry out preventive measures, includ- ing, but not limited to, engineering operations, methods of cultivation, the growing of vegeta- tion, 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 per- son, 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 oth- erwise, whenever necessary for the purposes of this chapter. (Apr. 27, 1935, ch. 85, § 1, 49 Stat. 163; Pub. L. 110–234, title II, § 2802(a)(1), May 22, 2008, 122 Stat. 1085; Pub. L. 110–246, § 4(a), title II, § 2802(a)(1), June 18, 2008, 122 Stat. 1664, 1813.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Pub. L. 110–246, § 2802(a)(1), inserted section catchline and substituted ‘‘to preserve soil, water, and related resources, promote soil and water quality,’’ for ‘‘and thereby to preserve natural resources,’’ in intro- ductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. SHORT TITLE See section 590q of this title. POLICY Declaration of policy to continue the Soil Conserva- tion and Domestic Allotment Act, see section 1282 of Title 7, Agriculture. Executive Documents 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 Depart- ment, related to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration 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 Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 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, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. Functions of Soil Conservation Service in Depart- ment of Agriculture with respect to soil and moisture Page 1105 TITLE 16—CONSERVATION § 590d conservation operations conducted on lands under ju- risdiction 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, § 6, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, set out in the Appendix to Title 5, Government Or- ganization and Employees. Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjust- ment Administration for duration of World War II, see Ex. Ord. No. 9069, Feb. 23, 1942. § 590b. Lands on which preventive measures may be taken The acts authorized in section 590a(1) and (2) of this title may be performed— (a) On lands owned or controlled by the United States or any of its agencies, with the coopera- tion of the agency having jurisdiction thereof; and (b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands. (Apr. 27, 1935, ch. 85, § 2, 49 Stat. 163.) § 590c. Conditions under which benefits of law extended to nongovernment controlled lands As a condition to the extending of any benefits under this chapter to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, in- sofar as he may deem necessary for the purposes of this chapter, require the following: (1) The enactment and reasonable safeguards for the enforcement of State and local laws im- posing 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 perma- nent use of such lands. (3) Contributions in money, services, mate- rials, or otherwise, to any operations conferring such benefits. (4)(A) The payment of user fees for conserva- tion planning technical assistance if the Sec- retary determines that the fees, subject to sub- paragraph (B), are— (i) reasonable and appropriate; (ii) assessed for conservation planning tech- nical assistance resulting in the development of a conservation plan; and (iii) assessed based on the size of the land or the complexity of the resource issues involved. (B) Fees under subparagraph (A) may not ex- ceed $150 per conservation plan for which tech- nical assistance is provided. (C) The Secretary may waive fees otherwise required under subparagraph (A) in the case of conservation planning technical assistance pro- vided— (i) to beginning farmers or ranchers (as de- fined in section 1991(a) of title 7); (ii) to limited resource farmers or ranchers (as defined by the Secretary); (iii) to socially disadvantaged farmers or ranchers (as defined in section 2003(e) of title 7); (iv) to qualify for an exemption from ineligi- bility under section 3812 of this title; or (v) to comply with Federal, State, or local regulatory requirements. (Apr. 27, 1935, ch. 85, § 3, 49 Stat. 163; Pub. L. 113–67, div. A, title VII, § 705(a), Dec. 26, 2013, 127 Stat. 1192.) Editorial Notes AMENDMENTS 2013—Pub. L. 113–67, § 705(a)(1), substituted ‘‘require the following:’’ for ‘‘require—’’ in introductory provi- sions. Par. (1). Pub. L. 113–67, § 705(a)(2), substituted period for semicolon at end. Par. (2). Pub. L. 113–67, § 705(a)(3), substituted period at end for ‘‘; and’’. Par. (4). Pub. L. 113–67, § 705(a)(4), added par. (4). Executive Documents 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 Depart- ment, related to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration 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 Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 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, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. Functions respecting lands under jurisdiction of De- partment of the Interior, see Transfer of Functions note set out under section 590a of this title. § 590d. Cooperation of governmental agencies; of- ficers and employees, appointment and com- pensation; expenditures for personal services and supplies For the purposes of this chapter, the Secretary of Agriculture may— (1) Secure the cooperation of any govern- mental agency; (2) Subject to the provisions of the civil-serv- ice laws and chapter 51 and subchapter III of chapter 53 of title 5, appoint and fix compensa- tion of such officers and employees as he may deem necessary, except for a period not to ex- ceed eight months from April 27, 1935, the Sec- retary of Agriculture may make appointments and may continue employees of the organization heretofore established for the purpose of admin- istering those provisions of the National Indus- trial Recovery Act which relate to the preven- tion of soil erosion, without regard to the civil- service laws or regulations and the Classifica- tion Act, as amended; and any persons with technical or practical knowledge may be em- ployed and compensated under this chapter on a basis to be determined by the Director of the Of- fice of Personnel Management; and