16 U.S.C. § 590o — Authorization of appropriations; distribu-

Page 1118 TITLE 16—CONSERVATION § 590m Reorg. Plan No. 3 of 1946, § 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 De- partment of the Interior, see Transfer of Functions note set out under section 590a of this title. § 590m. Execution of powers of Secretary by Pro- duction and Marketing Administration Notwithstanding the foregoing provisions of this chapter, the Secretary is authorized and di- rected to provide for the execution by the Pro- duction 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 provi- sions of law applicable to the appointment and compensation of persons employed by the Pro- duction and Marketing Administration shall apply. (Apr. 27, 1935, ch. 85, § 13, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100.) Executive Documents 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 ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 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 Sec- retary 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, Govern- ment 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 De- partment of the Interior, see Transfer of Functions note set out under section 590a of this title. § 590n. Payments reviewable only by Secretary The facts constituting the bases for any pay- ment 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 Sec- retary of Agriculture. (Apr. 27, 1935, ch. 85, § 14, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended Aug. 3, 1956, ch. 950, § 6(a), 70 Stat. 1033; Pub. L. 104–127, title III, § 336(a)(1)(C), Apr. 4, 1996, 110 Stat. 1005.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 struck out ‘‘or 590h’’ after ‘‘sec- tion 590g’’ and struck out at end ‘‘Payments to claim- ants under sections 590g, 590h, 590i, 590j to 590q, inclu- sive, 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 infor- mation contained in the application for payment are correct and true, to the best of his knowledge and be- lief, 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. 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. § 590o. Authorization of appropriations; distribu- tion of appropriated funds 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 ex- pended. The Secretary shall distribute the funds available for financial assistance among the sev- eral States in accordance with their conserva- tion needs, as determined by the Secretary. (Apr. 27, 1935, ch. 85, § 15, as added Feb. 29, 1936, ch. 104, § 1, 49 Stat. 1151; amended Feb. 16, 1938, ch. 30, title I, § 104, 52 Stat. 35; Aug. 28, 1954, ch. 1041, title V, § 502, 68 Stat. 908; Pub. L. 92–419, title VI, § 606(6), Aug. 30, 1972, 86 Stat. 677; Pub. L. 95–113, title XV, § 1501(b), Sept. 29, 1977, 91 Stat. 1020; Pub. L. 104–127, title III, § 336(a)(1)(D), Apr. 4, 1996, 110 Stat. 1005.) Editorial Notes 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 des- ignated for long-term agreements based on farm and ranch conservation plans approved by local conserva- tion districts, where such districts are organized.’’ be- fore ‘‘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 ag- riculture-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 propor- tion 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 con- servation needs as determined by the Secretary and struck out provisions setting out a formula for deter- 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.