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Volume 49 · 164

Public Law 74–85

To provide for the protection of land resources against soil erosion, and for other purposes.

Approved April 27, 1935

Statutory text

AN ACT

To provide for the protection of land resources against soil erosion, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That it is hereby

Protection of land resources against soil erosion.

Post, p. 1148.

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

Surveys and investigations to be conducted.

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 demonstrational projects in areas subject to erosion by wind or water;

(2)

To carry out preventive measures, including, but not limited

Types of preventive measures to be employed.

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

Agreements, aid, etc., for control purposes.

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 this Act; and

(4)

To acquire lands, or rights or interests therein, by purchase,

Acquisition of lands, rights, etc., when necessary.

gift, condemnation, or otherwise, whenever necessary for the purposes of this Act.

Sec 2.

The acts authorized in section 1 (1) and (2) may be performed—

(a)

On lands owned or controlled by the United States or any

Protective measures on Government-owned, etc., lands.

of its agencies, with the cooperation of the agency having jurisdiction thereof; and

(b)

On any other lands, upon obtaining proper consent or the

Other lands.

necessary rights or interests in such lands.

Sec 3.

As a condition to the extending of any benefits under this

Conditions to extending benefits.

Act 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 this Act, require—

(1)

The enactment and reasonable safeguards for the enforcement

Local restrictions for preventing erosion.

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.

Sec. 4.

For the purposes of this Act, the Secretary of Agriculture may—

(1)

Secure the cooperation of any governmental agency;

(2)

Subject to the provisions of the civil-service laws and the Classification Act of 1923, as amended, appoint and fix the 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 the National Industrial Recovery Act which relate to the prevention of soil erosion, without regard to the civil-service laws or regulations and the

Technical services.

Classification Act, as amended; and any persons with technical or practical knowledge may be employed and compensated under this Act 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 this Act.

Sec. 5.

The Secretary of Agriculture shall establish an agency to be known as the “Soil Conservation Service to exercise the powers conferred on him by this Act and may utilize the organization heretofore established for the purpose of administering those provisions of sections 202 and 203 of the National Industrial Recovery

Personal services.

Act which relate to the prevention of soil erosion, together with such personnel thereof as the Secretary of Agriculture may determine,

Funds available.

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. Funds

Ante, p. 115.

provided in H. J. Res. 117, “An Act making appropriation for relief purposes” (for soil erosion) shall be available for expenditure under

Transfer of functions, etc.

the provisions of this Act; and in order that there may be proper coordination of erosion-control activities the Secretary of Agriculture may transfer to the agency created under this Act such functions, funds, personnel, and property of other agencies in the Department of Agriculture as he may from time to time determine.

Sec. 6.

There are hereby authorized to be appropriated for the purposes of this Act such sums as Congress may from time to time determine to be necessary.

Approved, April 27, 1935.

Parsed from the official Statutes at Large USLM XML in 49.xml