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The determination made by the Secretary having jurisdiction upon the proposals considered at any such hearing, which determination may include the modification of the terms of such proposals, together with the minutes or other record of the hearing shall be available for public inspection during the life of any coordinated plan of management or agreement entered into in consequence of such determination. (Mar. 29, 1944, ch. 146, $ 5, 58 Stat. 133.)
§ 583e. Remedies against private owners; jurisdiction; final orders; definition of owner.-In addition to any other remedy available under existing law, upon failure of any private owner of forest land which is subject to a cooperative agreement entered into pursuant to this subchapter to comply with the terms of such agreement, or upon failure of any purchaser of timber or other forest products from such land to comply with the terms and conditions required by such agreement to be included in the contract of sale, the Attorney General, at the request of the Secretary concerned, is authorized to institute against such owner or such purchaser a proceeding in equity in the proper district court of the United States, to require compliance with the terms and conditions of said cooperative agreement; and jurisdiction is hereby conferred upon said district courts to hear and determine such proceedings, to order compliance with the terms and conditions of cooperative agreements entered into pursuant to this subchapter, and to make such temporary and final orders as shall be deemed just in the premises. As used in this section the term "owner" shall include the heirs, successors, and assigns of the landowner entering into the cooperative agreements. (Mar. 29, 1944, ch. 146, § 6, 58 Stat. 134.)
$ 583f. Definition of federally owned or administered forest land.—Whenever used in this subchapter, the term "federally owned or administered forest land" shall be construed to mean forest land in which, or in the natural resources of which, the United States has a legal or equitable interest of any character sufficient to entitle the United States to control the management or disposition of the timber or other forest products thereon, except land heretofore or hereafter reserved or withdrawn for purposes which are inconsistent with the exercise of the authority conferred by this subchapter; and shall include trust or restricted Indian land, whether tribal or allotted, except that such land shall not be included without the consent of the Indians concerned. (Mar. 29, 1944, ch. 146, § 7,58 Stat. 134.)
8 583g. Rules and regulations; delegation of powers and duties.
The Secretary of Agriculture and the Secretary of the Interior may severally prescribe such rules and regulations as may be appropriate to carry out the purposes of this subchapter. Each Secretary may delegate any of his powers and duties under this subchapter to other officers or employees of his Department. (Mar. 29, 1944, ch. 146, § 8, 58 Stat. 134.)
DELEGATION OF DUTIES Title 36, ch. II, § 221.30, 9 F. R. 5442, May 20, 1944, provided as follows: “The Chief of the Forest Service is authorized with respect to forest lands
administered by the Forest Service to exercise all of the powers and duties conferred on the Secretary of Agriculture by this subchapter, and to delegate to other officers and employees of the Forest Service such of these powers and duties as he may consider desirable in carrying out the purposes of said subchapter.
$ 583h. Prior acts as affecting or affected by this subchapter.Nothing contained in this subchapter shall be construed to abrogate or curtail any authority conferred upon the Secretary of Agriculture or the Secretary of the Interior by any Act relating to management of federally owned or administered forest lands, and nothing contained in any such Acts shall be construed to limit or restrict any authority conferred upon the Secretary of Agriculture or the Secretary of the Interior by this subchapter. (Mar. 29, 1944, ch. 146, § 9, 58 Stat. 134.)
§ 583i. Appropriation.—Funds available for the protection or management of federally owned or administered forest land within the unit concerned may also be expended in carrying out the purposes of this subchapter, and there are hereby authorized to be appropriated such additional sums for the purposes of this subchapter as the Congress may from time to time deem necessary, but such additional sums shall not exceed $150,000 for the Department of Agriculture and $50,000 for the Department of the Interior, for any fiscal year. (Mar. 29, 1944, ch. 146, § 10, 58 Stat. 135.)
SOIL CONSERVATION $ 590a. Prevention of soil erosion; surveys and investigations; preventive measures; cooperation with agencies and persons; acquisition of land.—It is hereby recognized that the wastage of soil and moisture resources on farm, grazing, and forest lands of the Nation, resulting from soil erosion, is a menace to the national welfare and that it is hereby declared to be the policy of Congress to provide permanently for the control and prevention of soil erosion and thereby to preserve natural resources, control floods, prevent impairment of reservoirs, and maintain the navigability of rivers and harbors, protect public health, public lands and relieve unemployment, and the Secretary of Agriculture, from now on, shall coordinate and direct all activities with relation to soil erosion and in order to effectuate this policy is hereby authorized, from time to time
(1) 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 demontrational 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 sections 590a-590h, 590i, 590j-590q of this title; and
(4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of sections 590a-590h, 590i, 590j-590q of this title. (Apr. 27, 1935, ch. 85, § 1, 49 Stat. 163.)
TRANSFER OF FUNCTIONS 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 Interior were transferred to Department of Interior, to be administered under direction and supervision of Secretary of Interior through such agency or agencies in Department of Interior as Secretary shall designate by Reorg. Plan No. IV, § 6, eff. June 30, 1940, 5 Fed. Reg. 2421, 54 Stat. set out in note under section 133t of Title 5, Executive Departments and Government Officers, and Employees.
Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of war, see Ex. Ord. No. 9069, set out in note under section 601 of Appendix to Title 50, War.
8 590b. Lands on which preventive measures may be taken.The acts authorized in section 590a (1) and (2) may be performed—
(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands. (Apr. 27, 1935, ch. 85, § 2, 49 Stat. 163.)
$ 590c. Conditions under which benefits of law extended nongovernment controlled lands.—As a condition to the extending of any benefits under sections 590a-590h, 590i, 590j-590q of this title 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 sections 590a-590h, 590i, 590j-590g of this title, require
(1) The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for the prevention of soil erosion;
(2) Agreements or covenants as to the permanent use of such lands; and
(3) Contributions in money, services, materials, or otherwise, to any operations conferring such benefits. (Apr. 27, 1935, ch. 85, § 3, 49 Stat. 163.)
TRANSFER OF FUNCTIONS Functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
8 590d. Cooperation of governmental agencies; officers and employees, appointment and compensation; expenditures for personal services and supplies. For the purposes of sections 590a-590h, 590i, 590j-5907 of this title, the Secretary of Agriculture may
(1) Secure the cooperation of any governmental agency;
(2) Subject to the provisions of the civil-service laws and sections 661-663, 664-673, 674 of Title 5, appoint and fix compensation of such officers and employees as he may deem necessary,
except for a period not to exceed eight months from the date of this enactment, the Secretary of Agriculture may make appointments and may continue employees of the organization heretofore established for the purpose of administering those provisions of sections 401-414 of Title 40 which relate to the prevention of soil erosion, without regard to the civil-service laws or regulations and sections 661-663, 664-673, 674 of Title 5; and any persons with technical or practical knowledge may be employed and compensated under sections 590a-590h, 590i, 590j-5907 of this title on a basis to be determined by the Civil Service Commission; and
(3) Make expenditures for personal services and rent in the District of Columbia and elsewhere, for the purchase of law books and books of reference, for printing and binding, for the purchase, operation, and maintenance of passenger-carrying vehicles, and perform such acts, and prescribe such regulations, as he may deem proper to carry out the provisions of sections 590a-590h, 590i, 5903-590q of this title. (Apr. 27, 1935, ch. 85, $ 4, 49 Stat. 164.)
TRANSFER OF FUNCTIONS Transfer of functions respecting lands under jurisdiction of Department of Interior, see note under section 590a of this title.
$ 590e. Soil Conservation Service; establishment; utilization and transfer of existing governmental agencies.-The Secretary of Agriculture shall establish an agency to be known as the “Soil Conservation Service”, to exercise the powers conferred on him by sections 590a-590h, 590i, 590j-590q of this title and may utilize the organization heretofore established for the purpose of administering those provisions of sections 402 and 403 of Title 40 which relate to the prevention of soil erosion, together with such personnel thereof as the Secretary of Agriculture may determine, and all unexpended balances of funds heretofore allotted to said organization shall be available until June 30, 1937, and the Secretary of Agriculture shall assume all obligations incurred by said organization prior to transfer to the Department of Agriculture. In order that there may be proper coordination of erosion-control activities the Secretary of Agriculture may transfer to the agency created under sections 590a-590h, 590i, 590;590q of this title such functions, funds, personnel, and property of other agencies in the Department of Agriculture as he may from time to time determine. (Apr. 27, 1935, ch. 85, § 5, 49 Stat. 164.)
APPROPRIATION A provision of the section cited to text, omitted as executed, made funds provided in H. J. Res. 117, Apr. 8, 1935, ch. 48, 49 Stat. 115, available for expenditure under this chapter.
§ 590e-1. Same; limitations on cost of construction, purchase, or improvement of buildings. The cost to the Soil Conservation Service of any building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same with any such building, shall not exceed $2,500 except where buildings are acquired in conjunction with land being purchased for other purposes and except for eight
buildings to be constructed at a cost not to exceed $15,000 per building. (June 4, 1936, ch. 489, title I, 49 Stat. 1436; June 29, 1937, ch. 404, § 1, 50 Stat. 410, June 16, 1938, ch. 464, § 1, 52 Stat. 725; June 30, 1939, ch. 253, § 1, 53 Stat. 954; June 25, 1940, ch. 421, § 1, 54 Stat. 545; July 1, 1941, ch. 267, § 1, 55 Stat. 421; July 22, 1942, ch. 516, § 1, 56 Stat. 679; July 12, 1943, ch. 215, § 1, 57 Stat. 411; June 28, 1944, ch. 296, § 1, 58 Stat. 451.)
§ 590f. Appropriation authorized. There are hereby authorized to be appropriated for the purposes of sections 590a-590h, 590i, 590j-590q, of this title such sums as Congress may from time to time determine to be necessary.
Appropriations for carrying out sections 590a-590e, 590f-590h, 590i, 590j-590q of this title allocated for the production or procurement of nursery stock by any Federal agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years. (Apr. 27, 1935, ch, 85, 86, 49 Stat. 164; Sept. 21, 1944, ch. 412, title III, § 302 (a), 58 Stat. 738.)
CODIFICATION This section was amended by the Department of Agriculture Organic Act of 1944.
8 590g. Additional policies and purposes of chapter.—(a) Purposes enumerated. It is hereby declared to be the policy of sections 590a-590h, 590i, 590j-590q, of this title also to secure, and the purposes of such sections shall also include, (1) preservation and improvement of soil fertility; (2) promotion of the economic use and conservation of land; (3) diminution of exploitation and wasteful and unscientific use of national soil resources; (4) the protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; and (5) reestablishment, at as rapid a rate as the Secretary of Agriculture determines to be practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909-July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio. The powers conferred under this section and sections 590h, 590i, 590j-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