SOIL CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE

SOIL CONSERVATION SERVICE

The Soil Conservation Service (SCS) was established under authority of the Soil Conservation Act of 1935 (49 Stat. 163; 16 U.S.C. 590 a-f). It has responsibility for developing and carrying out a national soil and water conservation program in cooperation with landowners and operators and other land users and developers, with community planning agencies and regional resource groups, and with other agencies of government-Federal, State, and local. The SCS also assists in agricultural pollution control, environmental improvement, and rural community development.

The soil and water conservation program is carried on through technical help to locally organized and operated conservation districts; local sponsors of watershed protection projects and resource conservation and development projects; and consultive assistance to other individuals and groups. More than 3,000 conservation districts cover almost 2 billion acres in all the States and Puerto Rico and the Virgin Islands.

Sec.

Chapter 3C.-WATER CONSERVATION

FACILITIES FOR WATER STORAGE AND UTILIZATION

590r to 590x-4. Repealed.

CONSERVATION AND UTILIZATION PROJECTS

590y. Authorization and purpose of investigation, construction, and maintenance of projects; title to projects; limitation on costs.

590z. Utilization of services, materials, funds, etc., of Federal, State, or municipal agencies, or of individuals.

590z-1. Prerequisites for construction of project; definitions.

590z-2.

590z-3.

Repayment contracts; necessity; terms; reimbursable construction costs defined.

Settlement of projects on agricultural basis; advice to settlers; acquisition and improvement of agricultural lands; utilization of other agencies.

590z-4. Cooperative agreements with other agencies. 590z-5. Repealed.

590z-6.

Disposition of receipts from repayment contracts and project operations. 590z-7. Provisions for furnishing surplus power and municipal or miscellaneous

water supplies.

590z-8. Authority of Secretary of the Interior over lands, contracts, water

rights, etc.

590z-9. Powers and duties of Secretaries of Interior and Agriculture; rules and regulations.

590z-10.

Appropriations.

3004 11. Delegation of powers and duties by Secretary of Interior.

FACILITIES FOR WATER STORAGE AND UTILIZATION

$$ 590r to 590x-4. Repealed. Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318.

Section 590r, acts Aug. 28, 1937, ch. 870, § 1, 50 Stat. 869; Aug. 17, 1954, ch. 751, §1(1), (2), 68 Stat. 734; July 12, 1960, Pub. L. 86-624, § 9, 74 Stat. 412, related to Congressional declaration of policy.

Section 590s, acts Aug. 28, 1937, ch. 870, § 2, 50 Stat. 869; Aug. 17, 1954, ch. 751, §1(3), 68 Stat. 735, related to powers and duties of Secretary of Agriculture. Section 590t, act Aug. 28, 1937, ch. 870, § 3, 50 Stat. 869, related to location of projects.

Section 590u, act Aug. 28, 1937, ch. 870, § 4, 50 Stat. 870, related to State aid and certain requirements.

Section 590v, act Aug. 28, 1937, ch. 870, § 5, 50 Stat. 870, related to use of employees and agencies within Department of Agriculture.

Section 590w, act Aug. 28, 1937, ch. 870, § 6, 50 Stat. 870, related to cooperation of governmental agencies, expenditures and rules and regulations.

Section 590x, act Aug. 28, 1937, ch. 870, § 7, 50 Stat. 870, authorized appropriations.

Section 590x-1, act Aug. 28, 1937, ch. 870, § 8, as added Aug. 17, 1954, ch. 751, § 1 (4), 68 Stat. 735, prescribed limitations on aid.

Section 590x-2, act Aug. 28, 1937, ch. 870, § 9, as added Aug. 17, 1954, ch. 751, § 1(4), 68 Stat. 735, authorized loans for farm land improvement.

Section 590x-3, act Aug. 28, 1937, ch. 870, § 10, as added Aug. 17, 1954, ch. 751, § 1(4), 68 Stat. 735, provided for an insurance program for loans by others than United States, an insurance fund, contents of fund, selling and reinsuring of notes, disposition of insurance charges, insurance contract as United States obligation, incontestability, discharge of obligations, and limitation on aggregate amount of obligations.

Section 590x-4, act Aug. 28, 1937, ch. 870, § 11, as added Aug. 25, 1958, Pub. L. 85-748, § 2, 72 Stat. 841, related to authorization of Secretary for execution insurance and sale of loans, insurance, appraisal and delinquency charges, use of proceeds for expenses; computation of aggregate amount of principal obligations which may be insured, insurance of loans from funds advanced by lenders other than United States, provisions applicable to loans, conversion of loans to insured loans, expense funds, sale of loans on noninsured basis and assignment of loans.

The subject matter of former sections 590r to 590x-4 of this title is now covered by chapter 50 of Title 7, Agriculture.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective one hundred and twenty days after Aug. 8, 1961, or such earlier date as the provisions of chapter 50 of Title 7, Agriculture are made effective by regulations of Secretary of Agriculture, see section 341 (a) of Pub. L. 87-128, set out as a note under section 1921 of Title 7, Agriculture. Sections repealed effective Oct. 15, 1961, by section 300.1 of Title 6, Code of Federal Regulations, see Effective Date note under section 1921 of Title 7, Agriculture.

CONSERVATION AND UTILIZATION PROJECTS

§590y. Authorization and purpose of investigation, construction, and maintenance of projects; title to projects; limitation on costs.

For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent settlement of farm families, the Secretary of the Interior (hereinafter referred to as "the Secretary") is authorized to investigate and, upon compliance with the provisions of sections 590y to 590z-10 of this title, to construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and to operate and maintain each such project in accordance with the provisions of said sections: Provided, That the United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress

87-235-73 44

otherwise provides: And provided further, That expenditures from appropriations made directly pursuant to the authority contained in section 590z-10 (1) of this title to meet reimbursable construction costs allocated to irrigation as defined in section 590z-2 (b) of this title shall not exceed $2,000,000 for dams and reservoirs in any one project, and that expenditures from appropriations made directly pursuant to the authority contained in section 590z-10 (1) of this title to meet costs allocated to flood control by the Secretary after consultation with the Chief of Engineers, Department of the Army, shall not exceed $500,000 on any one project. (Aug. 11, 1939, ch. 717, §1, 53 Stat. 1418; Oct. 14, 1940, ch. 861, 54 Stat. 1119; Mar. 7, 1942, ch. 164, 56 Stat. 142; July 16, 1943, ch. 242, §1, 57 Stat. 566.)

§ 590z-4. Cooperative agreements with other agencies.

The Secretary, by cooperative agreements, may arrange with the Department of Agriculture or with such other Federal or State agencies, as the President may deem desirable, for cooperation in the investigations and surveys of projects proposed under the authority of sections 590y to 590z-10 of this title; and in connection with any such project which is undertaken the Secretary by such cooperative agreements may arrange for such cooperation in the construction or operation and maintenance of the project as he deems desirable. Any such cooperative agreement with the Department of Agriculture may provide, among other things (1) that the Secretary of Agriculture shall enter into the repayment contracts, required by section 590z-2 of this title and shall handle the collections of repayments and shall take over the other administrative duties connected with the project, after the Secretary of the Interior announces that the project is ready for operation; (2) if such agreement be entered into after construction of the project has been undertaken by the Secretary of the Interior and after he has entered into the repayment contracts required by section 590z-2 of this title, that the Secretary of Agriculture shall take over the collection of repayments and other administrative duties connected with the project; (3) that no water shall be delivered to or for any land or party while the owner of said land or said party is in arrears for more than twelve months in the payment to the United States of money due and payable under a land contract entered into pursuant to section 590z-3 (a) of this title; and (4) that any repayment contract with a water user or water users' organization entered into pursuant to section 590z-2 of this title and any land contract with the same water user or organization entered into pursuant to section 590z-3 (a) of this title, if said contracts involve the same land, may be combined in a single instrument. The Secretary of Agriculture is authorized to carry out the provision of any such cooperative agreements. (Aug. 11, 1939, ch. 717, §6, as added Oct. 14, 1940, ch. 861, 54 Stat. 1123.)

§ 590z.-7. Provisions for furnishing surplus power and municipal or miscellaneous water supplies.

In connection with any project undertaken pursuant to sections 590y to 590z-10 of this title, provisions, including contracts of sale, may be made for furnishing municipal or miscellaneous water supplies, or for developing and furnishing power in addition to the power requirements of irrigation: Provided, That expenditures from appropriations made directly pursuant to the authority contained in section

590z-10 (1) of this title to meet costs allocated to municipal or miscellaneous water supplies or surplus power shall not exceed $500,000 for any one project: Provided further, That no contract relating to a water supply for municipal or miscellaneous purposes or to electric power shall be made unless, in the judgment of the Secretary, it will not impair the efficiency of the project for irrigation purposes. On any project where such provisions are made, the Secretary shall allocate to municipal or miscellaneous water purposes or to surplus power the part of the estimated construction costs of the project which he deems properly so allocable; and such allocations shall not be included in the reimbursable construction costs covered by the repayment contract or contracts required under section 590z-2 of this title. All right, title, and interest in the facilities provided for such municipal or miscellaneous water supplies or surplus power and the revenues derived therefrom shall be and remain in the United States. Contracts for such municipal or miscellaneous water supplies or for such surplus power shall be at such rates as, in the Secretary's judgment, will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Contracts for the sale of surplus power shall be for periods not to exceed forty years and contracts for water supply for municipal or miscellaneous purposes shall be for such periods as the Secretary may determine and may include such renewal options as the Secretary deems desirable: And provided further, That in sales or leases of such power, preference shall be given to municipalities and other public corporations or agencies; and also to cooperatives and other nonprofit organizations financed in whole or in part by loans made pursuant to sections 901 to 914 of Title 7. (Aug. 11, 1939, ch. 717, § 9, as added Oct. 14, 1940, ch. 861, 54 Stat. 1124.)