16 U.S.C. § 590a

Purpose

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It is 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 declared to be the policy of Congress to provide permanently for the control and prevention of soil erosion to preserve soil, water, and related resources, promote soil and water quality, 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 authorized, from time to time—(1) To conduct surveys, investigations, and research relating to the 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 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 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 chapter; and(4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of this chapter.(Apr. 27, 1935, ch. 85, § 1, 49 Stat. 163; Pub. L. 110–234, title II, § 2802(a)(1), May 22, 2008, 122 Stat. 1085; Pub. L. 110–246, § 4(a), title II, § 2802(a)(1), June 18, 2008, 122 Stat. 1664, 1813.)Editorial NotesCodification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Pub. L. 110–246, § 2802(a)(1), inserted section catchline and substituted “to preserve soil, water, and related resources, promote soil and water quality,” for “and thereby to preserve natural resources,” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Short Title

See section 590q of this title.

Policy

Declaration of policy to continue the Soil Conservation and Domestic Allotment Act, see section 1282 of Title 7, Agriculture.

Executive DocumentsTransfer of Functions

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter 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 Transportation 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, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System 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 Office 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 Transportation Projects by section 720d(f) of Title 15.

Functions of Soil Conservation Service in Department of Agriculture with respect to soil and moisture conservation operations conducted on lands under jurisdiction of Department of the Interior transferred to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior through such agency or agencies in Department of the Interior as Secretary shall designate, by Reorg. Plan No. IV of 1940, § 6, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, set out in the Appendix to Title 5, Government Organization and Employees.

Soil Conservation Service consolidated with other agencies into Agricultural Conservation and Adjustment Administration for duration of World War II, see Ex. Ord. No. 9069, Feb. 23, 1942.

Notes of Decisions

Cited in 36 cases, 1939–2003 · leading case: Aycock-Lindsey Corp. v. United States, 171 F.2d 518 (5th Cir. 1948).

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Aycock-Lindsey Corp. v. United States, 171 F.2d 518 (5th Cir. 1948). · cites it 4× “By reason of such requirements, appellant was unable to comply with the program for the curtailment of naval stores production promulgated by the Department of Agriculture under the Soil Conservation and Domestic Allotment Act, 16 U.S.C.A. § 590a et seq. [3] Appellant had, also,…”

Chavez v. United States, 15 Cl. Ct. 353 (Ct. Cl. 1988). · cites it 2× “He asserted that defendant, acting through the Soil Conservation Service (SCS) of the United States Department of Agriculture, entered into an oral contract with him in May of 1981 under the Agricultural Conservation Program, 16 U.S.C. § 590a (1982), whereby he was commissioned…”

Chavez v. United States, 18 Cl. Ct. 540 (Ct. Cl. 1989). · cites it 2× “He asserted that defendant, acting through the Soil Conservation Service (SCS) and the Agricultural Stabilization and Conservation Service (ASCS) of the United States Department of Agriculture, entered into an oral contract with him in May of 1981 under the Agricultural…”

United States v. Eighty Acres of Land in Williamson Cnty., 26 F. Supp. 315 (E.D. Ill. 1939). · cites it 2× “16 U.S.C.A. § 590a et seq. In connection with that work specific statutory authority is given to acquire land by condemnation, though such undertakings will- necessarily be local in character.”

New York Airways, Inc. v. The United States. Los Angeles Airways, Inc. v. The United States. Chicago Helicopter Airways, Inc. v. The United States, 369 F.2d 743 (Ct. Cl. 1966). “There the plaintiff sought to recover subsidy payments under the Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590a through 590q-l for carrying out certain conservation practices.”

Upper W. Fork River Watershed Assoc. v. Corps of Engrs., United States Army, 414 F. Supp. 908 (N.D.W. Va. 1976). “” (The Soil Conservation Act of 1935, 16 U.S.C. § 590a.) 15 . The November 1975 Review reports 1970 Census figures showing that the population in Lewis County (the site of the dam) dropped 9.”

Wheeler Cnty. Bd. of Tax Assessors v. Gilder, 568 S.E.2d 786 (Ga. Ct. App. 2002). “See 16 USC §§ 590a; 590d; 7 CFR § 7.1 . Indeed, it appears to be within the discretion of the Secretary of Agriculture to discontinue the county ASC committees altogether.”

Lindsay B. Shafer, Lewis Shafer, Joseph Shafer, & Lewis Shafer, Sr. v. United States, 229 F.2d 124 (4th Cir. 1956). “It is said that during the debate in the Senate 2 on the passage of the Act reference was made to the measurement of land under the Soil Conservation Act, 16 U.S.C.A. § 590a et seq., which provides for entry only by consent, and that until the passage of the regulations in 1955…”

Duke City Lumber Co. v. Butz, 382 F. Supp. 362 (D.D.C. 1974). “583; (7) authorizes the Secretary of Agriculture to direct all activities with relation to the prevention of soil erosion including surveys and investigations, and various preventive measures, to cooperate with other agencies and persons as he deems necessary and acquire lands…”

Elk Mountain Safari, Inc. v. United States, 645 F. Supp. 151 (D. Wyo. 1986). · cites it 2× “; the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590a et seq.; and for the eradication of “Halogeton glomeratus” (poisonous weeds), Act of July 14, 1952 ( 66 Stat.”

United States v. Norman Kopf, 379 F.2d 8 (8th Cir. 1967). “34 as a balance due them for their participation in the 1962 and 1963 Feed Grain Programs established under the Soil Conservation and Domestic Allotment Act, 16 U.S.C.A. § 590a et seq. The Government filed a motion for summary judgment; plaintiff filed a cross-motion for summary…”

Robinson v. Block, 608 F. Supp. 817 (W.D. Mich. 1985). “In Kopf , the County ASC committee notified plaintiffs in early 1962 of its determination establishing their corn yield for purposes of their participation in the Feed Grain Programs established pursuant to the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590a et…”

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