7 U.S.C. § 1011 — Powers of Secretary of Agriculture

Page 574 TITLE 7—AGRICULTURE § 1010 SUBCHAPTER III—LAND CONSERVATION AND LAND UTILIZATION § 1010. Land conservation and land utilization The Secretary is authorized and directed to develop a program of land conservation and land utilization, in order thereby to correct mal- adjustments in land use, and thus assist in con- trolling soil erosion, reforestation, preserving natural resources, protecting fish and wildlife, developing and protecting recreational facili- ties, mitigating floods, preventing impairment of dams and reservoirs, developing energy re- sources, conserving surface and subsurface mois- ture, protecting the watersheds of navigable streams, and protecting the public lands, health, safety, and welfare, but not to build industrial parks or establish private industrial or commer- cial enterprises. (July 22, 1937, ch. 517, title III, § 31, 50 Stat. 525; Pub. L. 87–703, title I, § 102(a), Sept. 27, 1962, 76 Stat. 607; Pub. L. 89–796, § 1(a), Nov. 8, 1966, 80 Stat. 1478; Pub. L. 97–98, title XV, § 1513, Dec. 22, 1981, 95 Stat. 1333.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–98 inserted development of energy re- sources to the enumeration of aims for which the Sec- retary may develop programs of land conservation and land utilization. 1966—Pub. L. 89–796 inserted ‘‘developing and pro- tecting recreational facilities,’’ after ‘‘protecting fish and wildlife,’’. 1962—Pub. L. 87–703 struck out ‘‘including the retire- ment of lands which are submarginal or not primarily suitable for cultivation,’’ after ‘‘land utilization’’, pro- vided for assistance in protecting fish and wildlife and prohibited the building of industrial parks or establish- ment of private industrial or commercial enterprises. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. EXISTING RIGHTS-OF-WAY Provisions of section 706(a) of Pub. L. 94–579, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see note set out under section 1701 of Title 43, Public Lands. 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 subchapter 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 the 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 Inspector 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. § 1010a. Soil, water, and related resource data In recognition of the increasing need for soil, water, and related source data for land con- servation, use, and development, for guidance of community development for a balanced rural- urban growth, for identification of prime agri- culture producing areas that should be pro- tected, and for use in protecting the quality of the environment, the Secretary of Agriculture is directed to carry out a land inventory and moni- toring program to include, but not be limited to, studies and surveys of erosion and sediment damages, flood plain identification and utiliza- tion, land use changes and trends, and degrada- tion of the environment resulting from improper use of soil, water, and related resources. (Pub. L. 92–419, title III, § 302, Aug. 30, 1972, 86 Stat. 670; Pub. L. 96–470, title I, § 102(c), Oct. 19, 1980, 94 Stat. 2237.) Editorial Notes CODIFICATION Section was not enacted as part of the Bankhead- Jones Farm Tenant Act which constitutes a major part of this chapter. AMENDMENTS 1980—Pub. L. 96–470 struck out provision that the Sec- retary issue at not less than five-year intervals a land inventory report reflecting soil, water, and related re- source conditions. § 1011. Powers of Secretary of Agriculture To effectuate the program provided for in sec- tion 1010 of this title, the Secretary is author- ized— (a) Repealed. Pub. L. 87–703, title I, § 102(b), Sept. 27, 1962, 76 Stat. 607. (b) To protect, improve, develop, and admin- ister any property so acquired and to construct such structures thereon as may be necessary to adapt it to its most beneficial use. (c) To sell, exchange, lease, or otherwise dis- pose of, with or without a consideration, any property so acquired, under such terms and con- ditions as he deems will best accomplish the purposes of this subchapter, but any sale, ex- change, or grant shall be made only to public authorities and agencies and only on condition that the property is used for public purposes: Provided, however, That an exchange may be made with private owners and with subdivisions Page 575 TITLE 7—AGRICULTURE § 1011 or agencies of State governments in any case where the Secretary of Agriculture finds that such exchange would not conflict with the pur- poses of the Act, and that the value of the prop- erty received in exchange is substantially equal to that of the property conveyed. The Secretary may recommend to the President other Federal, State, or Territorial agencies to administer such property, together with the conditions of use and administration which will best serve the purposes of a land-conservation and land-utiliza- tion program, and the President is authorized to transfer such property to such agencies. (d) With respect to any land, or any interest therein, acquired by, or transferred to, the Sec- retary for the purposes of this subchapter, to make dedications or grants, in his discretion, for any public purpose, and to grant licenses and easements upon such terms as he deems reason- able. (e) To cooperate with Federal, State, terri- torial, and other public agencies and local non- profit organizations in developing plans for a program of land conservation and land utiliza- tion or plans for the conservation, development and utilization of water for aquacultural pur- poses, to assist in carrying out such plans by means of loans to State and local public agen- cies and local nonprofit organizations des- ignated by the State legislature or the Gov- ernor, to conduct surveys and investigations re- lating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this subchapter, and to dissemi- nate information concerning these activities. As used in this subsection, the term ‘‘aquaculture’’ means the culture or husbandry of aquatic ani- mals or plants. Loans to State and local public agencies and to local nonprofit organizations shall be made only if such plans have been sub- mitted to, and not disapproved within 45 days by, the State agency having supervisory respon- sibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this sub- section in excess of $500,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture, Nutrition, and For- estry of the Senate and the Committee on Agri- culture of the House of Representatives. A loan under this subsection shall be made under a con- tract that provides, under such terms and condi- tions as the Secretary considers appropriate, for the repayment of the loan in not more than 30 years, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest 1⁄8 of 1 percent. Re- payment of principal and interest on such loans shall begin within 5 years. In providing assist- ance for carrying out plans developed under this subchapter, the Secretary shall be authorized to bear such proportionate share of the costs of in- stalling any works of improvement applicable to public water-based fish and wildlife or rec- reational development as is determined by him to be equitable in consideration of national needs and assistance authorized for similar pur- poses under other Federal programs: Provided, That all engineering and other technical assist- ance costs relating to such development may be borne by the Secretary: Provided further, That when a State or other public agency or local nonprofit organization participating in a plan developed under this subchapter agrees to oper- ate and maintain any reservoir or other area in- cluded in a plan for public waterbased fish and wildlife or recreational development, the Sec- retary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the State or other public agency or local non- profit organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That in no event shall the Sec- retary share any portion of the cost of installing more than one such work of improvement for each seventy-five thousand acres in any project; and that any such public water-based fish and wildlife or recreational development shall be consistent with any existing comprehensive statewide outdoor recreation plan found ade- quate for purposes of chapter 2003 of title 54; and that such cost-sharing assistance for any such development shall be authorized only if the Sec- retary determines that it cannot be provided under other existing authority. The Secretary shall also be authorized in pro- viding assistance for carrying out plans devel- oped under this subchapter: (1) To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any res- ervoir structure constructed or modified pursu- ant to such plans: Provided, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agen- cy or local nonprofit organization shall give rea- sonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply stor- age within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than 50 per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: And provided further, That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free pe- riod exceed ten years. The interest rate used for purposes of computing the interest on the un- paid balance shall be the average rate, as deter- mined by the Secretary of the Treasury, payable Page 576 TITLE 7—AGRICULTURE § 1011 by the Treasury upon its marketable public obli- gations outstanding at the beginning of the fis- cal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue; (2) To provide, for the benefit of rural commu- nities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality man- agement, for the control and abatement of agri- culture-related pollution, for the disposal of solid wastes, and for the storage of water in res- ervoirs, farm ponds, or other impoundments, to- gether with necessary water withdrawal appur- tenances, for rural fire protection, as is deter- mined by the Secretary to be equitable in con- sideration of national needs and assistance au- thorized for similar purposes under other Fed- eral programs. (f) To make such rules and regulations as he deems necessary to prevent trespasses and oth- erwise regulate the use and occupancy of prop- erty acquired by, or transferred to, the Sec- retary for the purposes of this subchapter, in order to conserve and utilize it or advance the purposes of this subchapter. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and reg- ulations may be tried and sentenced by any United States magistrate judge specially des- ignated for that purpose by the court by which he was appointed, in the same manner and sub- ject to the same conditions as provided for in section 3401(b) to (e) of title 18. (July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525; July 28, 1942, ch. 531, 56 Stat. 725; Pub. L. 87–703, title I, § 102(b), (c), Sept. 27, 1962, 76 Stat. 607; Pub. L. 87–869, § 7, Oct. 23, 1962, 76 Stat. 1157; Pub. L. 88–537, Aug. 31, 1964, 78 Stat. 745; Pub. L. 89–796, § 1(b), Nov. 8, 1966, 80 Stat. 1478; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91–343, July 18, 1970, 84 Stat. 439; Pub. L. 92–419, title III, § 301, Aug. 30, 1972, 86 Stat. 669; Pub. L. 95–113, title XV, §§ 1503(a), 1507, Sept. 29, 1977, 91 Stat. 1021, 1022; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–437, § 4(a)(4), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–127, title VII, § 791(a), Apr. 4, 1996, 110 Stat. 1151; Pub. L. 113–287, § 5(a), Dec. 19, 2014, 128 Stat. 3263.) Editorial Notes REFERENCES IN TEXT The Act, referred to in subsec. (c), is the Bankhead- Jones Farm Tenant Act which is classified generally to this chapter (§ 1000 et seq.). For complete classification of the Act to the Code, see section 1000 of this title and Tables. AMENDMENTS 2014—Subsec. (e). Pub. L. 113–287 substituted ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)’’. 1996—Subsec. (e). Pub. L. 104–127 added fifth sentence and struck out former fifth sentence which read as fol- lows: ‘‘Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with in- terest at the average rate, as determined by the Sec- retary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the be- ginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue.’’ 1994—Subsec. (e). Pub. L. 103–437 substituted ‘‘Com- mittee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. 1977—Subsec. (e). Pub. L. 95–113 inserted reference to plans for the conservation, development, and utiliza- tion of water for aquacultural purposes, inserted defini- tion of ‘‘aquaculture’’, and substituted ‘‘$500,000’’ for ‘‘$250,000’’. 1972—Subsec. (e). Pub. L. 92–419 inserted par. (1) and (2) provisions which authorized Secretary of Agri- culture to provide Federal assistance for water storage and for water quality management, for control and abatement of agriculture-related pollution, for disposal of solid wastes, and for storage of water in reservoirs, farm ponds, or other impoundments, together with nec- essary water withdrawal appurtenances, for rural fire protection. 1970—Subsec. (e). Pub. L. 91–343 inserted provisions authorizing Secretary to bear an equitable share of the costs of installing works of improvement, to bear all engineering and other technical assistance costs, and to bear up to one half of the costs of land, easements or rights of way and minimum basic public facilities, and limited the Federal contribution to one work of improvement for each seventy-five thousand acres in any project where such assistance is not provided under any other authority. 1966—Pub. L. 89–796 inserted ‘‘local nonprofit organi- zations’’ to the enumerated public agencies to which this section is applicable. 1964—Subsec. (f). Pub. L. 88–537 provided that persons charged with violation of such rules and regulations may be tried and sentenced by any United States com- missioner specially designated for that purpose by the court by which he was appointed, in the same manner as in section 3401(b) to (e) of Title 18, Crimes and Crimi- nal Procedure. 1962—Subsec. (a). Pub. L. 87–703, § 102(b), repealed au- thority of Secretary to acquire submarginal land and land not primarily suitable for cultivation, and inter- ests in and options on such land. Subsec. (e). Pub. L. 87–703, § 102(c), authorized Sec- retary to assist in carrying out the plans by means of loans to State and local public agencies, conditioned loans on absence of disapproval of plans within 45 days, prescribed a $250,000 limitation on appropriation for a single loan without prior committee approval and pro- vided for loan contracts and interest and repayment of principal and interest. Subsec. (f). Pub. L. 87–869 substituted ‘‘by a fine of not more than $500 or imprisonment for not more than six months, or both’’ for ‘‘as prescribed in section 104 of title 18’’. 1942—Subsec. (c). Act July 28, 1942, inserted proviso. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (f) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. 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 this title. REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, Page 577 TITLE 7—AGRICULTURE § 1012a 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. EXISTING RIGHTS-OF-WAY Provisions of section 706(a) of Pub. L. 94–579, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see note set out under section 1701 of Title 43, Public Lands. ADJUSTMENT OF SEBASTIAN MARTIN GRANT BOUNDARY DISPUTES Act Aug. 11, 1945, ch. 366, 59 Stat. 532, provided for the adjustment of the Sebastian Martin grant boundary disputes. 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 subchapter 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 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 Inspector 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 Secretary of the Interior under section 402 of 1946 Reorg. Plan No. 3, with respect to use and disposal from lands under jurisdiction of Secretary of Agriculture of those mineral materials which Sec- retary of Agriculture is authorized to dispose of from other lands under his jurisdiction under sections 601 to 604 and 611 to 615 of Title 30, Mineral Lands and Mining, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of this title. Functions of Secretary of Agriculture with respect to uses of mineral deposits in lands under subsec. (c) of this section transferred to Secretary of the Interior by 1946 Reorg. Plan No. 3, § 402, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1099, set out in the Appendix to Title 5, Government Organization and Employees. DELEGATION OF FUNCTIONS Authority of President under subsec. (c) of this sec- tion to transfer to Federal, State, or Territorial agen- cies lands acquired by Secretary of Agriculture under subsec. (a) of this section delegated to Administrator of General Services, see section 1(14) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under sec- tion 301 of Title 3, The President. § 1012. Payments to counties As soon as practicable after the end of each calendar year, the Secretary shall pay to the county in which any land is held by the Sec- retary under this subchapter, 25 per centum of the net revenues received by the Secretary from the use of the land during such year. In case the land is situated in more than one county, the amount to be paid shall be divided equitably among the respective counties. Payments to counties under this section shall be made on the condition that they are used for school or road purposes, or both. This section shall not be con- strued to apply to amounts received from the sale of land. (July 22, 1937, ch. 517, title III, § 33, 50 Stat. 526.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION This section is section 33 of act July 22, 1937. Section is being treated as repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. The table of repealed laws contained in section 706(a) of Pub. L. 94–579 did not list section 33 of act July 22, 1937, but did list section 1012 of Title 7. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. EXISTING RIGHTS-OF-WAY Provisions of section 706(a) of Pub. L. 94–579, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see note set out under section 1701 of Title 43, Public Lands. § 1012a. Townsites When the Secretary of Agriculture determines that a tract of National Forest System land in Alaska or in the eleven contiguous Western States is located adjacent to or contiguous to an established community, and that transfer of such land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintain- ing such tract in Federal ownership, he may, upon application, set aside and designate as a townsite an area of not to exceed six hundred and forty acres of National Forest System land for any one application. After public notice, and satisfactory showing of need therefor by any county, city, or other local governmental sub- division, the Secretary may offer such area for sale to a governmental subdivision at a price not less than the fair market value thereof: Pro- vided, however, That the Secretary may condi- tion conveyances of townsites upon the enact- ment, maintenance, and enforcement of a valid ordinance which assures any land so conveyed will be controlled by the governmental subdivi- sion so that use of the area will not interfere with the protection, management, and develop- ment of adjacent or contiguous National Forest System lands. (Pub. L. 85–569, July 31, 1958, 72 Stat. 438; Pub. L. 94–579, title II, § 213, Oct. 21, 1976, 90 Stat. 2760.) Editorial Notes CODIFICATION Section, which is also set out as section 478a of Title 16, Conservation, was not enacted as part of the