16 U.S.C. § 590q — Coverage; ‘‘State’’ defined; short title

Page 1119 TITLE 16—CONSERVATION § 590q mining 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 abate- ment practices. 1954—Act Aug. 28, 1954, inserted last par. 1938—Act Feb. 16, 1938, inserted par. beginning ‘‘The funds available’’. Statutory Notes and Related Subsidiaries 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 Act Feb. 16, 1938, ch. 30, title I, § 105, 52 Stat. 36, as amended by section 1 of act Apr. 7, 1938, provided that the amendment made by that act, amending this sec- tion, ‘‘shall first be effective with respect to farming operations carried out in the calendar year 1938. Not- withstanding 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 an- nounced by the Secretary prior to the enactment of this act. Nothing contained herein shall require recon- stituting, for 1938, any county or other local committee which has been constituted prior to February 1, 1938.’’ Executive Documents TRANSFER OF FUNCTIONS Functions respecting lands under jurisdiction of De- partment of the Interior, see Transfer of Functions note set out under section 590a of this title. § 590p. Repealed. Pub. L. 104–127, title III, § 336(b)(1), Apr. 4, 1996, 110 Stat. 1006 Section, act Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended Aug. 7, 1956, ch. 1030, § 1, 70 Stat. 1115; Sept. 14, 1960, Pub. L. 86–793, § 1, 74 Stat. 1030; Mar. 22, 1961, Pub. L. 87–5, § 2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87–128, title I, § 132, title IV, § 401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 87–425, § 2, 76 Stat. 50; May 15, 1962, Pub. L. 87–451, § 4, 76 Stat. 70; Sept. 27, 1962, Pub. L. 87–703, title I, § 101(4), (5), title III, § 302, 76 Stat. 606, 607, 612; May 20, 1963, Pub. L. 88–26, § 3, 77 Stat. 45; Nov. 3, 1965, Pub. L. 89–321, title III, § 302, title VI, § 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90–559, § 1(1), 82 Stat. 996; Nov. 18, 1969, Pub. L. 91–118, §§ 1–3, 83 Stat. 194, 195; Nov. 30, 1970, Pub. L. 91–524, title VIII, § 801, 84 Stat. 1379; June 6, 1980, Pub. L. 96–263, § 1, 94 Stat. 438; Nov. 28, 1990, Pub. L. 101–624, title XIV, § 1455, 104 Stat. 3614; Nov. 2, 1994, Pub. L. 103–437, § 6(s), 108 Stat. 4587, related to limitation on obligations incurred for purpose of carrying out certain sections and Great Plains conservation program. § 590p–1. Limitation on wetlands drainage assist- ance to aid wildlife preservation; termi- nation of limitation; redetermination of need for assistance upon change of ownership of lands The Secretary of Agriculture shall not enter into an agreement in the States of North Da- kota, South Dakota, and Minnesota to provide financial or technical assistance for wetland drainage on a farm under authority of this chap- ter, if the Secretary of the Interior has made a finding that wildlife preservation will be materi- ally 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 spe- cifically 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 appli- cation 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 noti- fies the Secretary of Agriculture that such limi- tation 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 ad- verse 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 fi- nancial or technical assistance shall be redeter- mined in accordance with the provisions of this section. (Apr. 27, 1935, ch. 85, § 16A, as added Pub. L. 87–732, Oct. 2, 1962, 76 Stat. 696.) § 590q. Coverage; ‘‘State’’ defined; short title (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’’. (Apr. 27, 1935, ch. 85, § 17, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended July 26, 1947, ch. 339, § 2, 61 Stat. 494; Pub. L. 86–70, § 13(b), June 25, 1959, 73 Stat. 143; Pub. L. 86–624. § 8(b), July 12, 1960, 74 Stat. 412; Pub. L. 98–454, title VI, § 601(d), Oct. 5, 1984, 98 Stat. 1736.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–454 inserted reference to Guam, American Samoa, and the Northern Mariana Is- lands 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 Vir- gin Islands. Statutory Notes and Related Subsidiaries REPEALS Section 3 of act July 26, 1947, repealed all laws in con- flict therewith. Page 1120 TITLE 16—CONSERVATION § 590q–1 1 See References in Text note below. § 590q–1. Sale and distribution of supplies, mate- rials, and equipment to other Government agencies; reimbursement The Soil Conservation Service subject to ap- plicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 may sell and dis- tribute 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 appropria- tions 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. (Sept. 21, 1944, ch. 412, title III, § 302(b), 58 Stat. 738; Oct. 31, 1951, ch. 654, § 2(12), 65 Stat. 707.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Ag- riculture Organic Act of 1944, and not as part of the Soil Conservation and Domestic Allotment Act which comprises this chapter. In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended,’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1951—Act Oct. 31, 1951, inserted reference to applica- ble regulations of the Federal Property and Adminis- trative Services Act of 1949, as amended. § 590q–2. Voluntary relinquishment of allotments 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. (Pub. L. 91–524, title VIII, § 803, Nov. 30, 1970, 84 Stat. 1381.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture Act of 1970, and not as part of the Soil Conservation and Do- mestic Allotment Act which comprises this chapter. § 590q–3. Critical lands resource conservation program in Great Plains area 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) 1 of this title to re- duce runoff, soil and water erosion, and other- wise to promote the conservation of soil and water resources in such area through the con- version of cropland from soil depleting uses to conserving uses including the production of soil conserving cover crops. (b) Terms of agreements with owners or opera- tors 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 de- scribed in subsection (a) whereby the owner or operator shall agree to devote to a soil con- serving cover crop a specifically designated acreage of cropland on the farm up to 50 per cen- tum 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 pe- riods thereafter subject to the mutual agree- ment of the owner or operator and the Sec- retary. In such agreement, the owner or oper- ator 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 agree- ment; (2) to divert from production such portion of one or more crops designated by the Sec- retary 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 per- mit 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 pay- ment; (4) to give adequate assurance, as speci- fied by the Secretary, that the land was not ac- quired for the purpose of placing it in the pro- gram: Provided, That the foregoing provision shall not prohibit the continuation of an agree- ment 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 Fed- eral, State, or other agency having the right of eminent domain; (5) to forfeit all rights to fur- ther 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 ter- mination of the agreement, or to make refunds or accept such payment adjustments as the Sec- retary 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 in- terest 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 Sec- retary to assume all obligations of the agree- ment; (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