(c) Land acquisition programs: The land acquisition programs workload, which includes acquisition of land for national forest purposes by purchase, condemnation, exchange and donation, and acquisition for research laboratories and administrative sites, increased during the past year. Included are sites acquired for use by the Agricultural Research Service. Easements, including road access rights-of-way, were acquired in connection with the marketing of national forest timber. Some right-of-way easements, such as the Fisher River road system in Montana, the Northern Pacific Railway Co. road systems, and the Fruit Growers Supply Co. road system in California, involved preparing complicated conveyances and cooperative share-cost road construction and maintenance agreements covering large road systems with multiple control of lands. In several national forests it was necessary to acquire needed rights-of-way by condemnation. (d) Mining claims and mineral rights: Continued assistance was given in proceedings for determining surface rights, validity and eligibility for patent of mining claims within national forests. Hearings for these purposes were handled by field attorneys. Legal advice was furnished with respect to minerals subject to location under the general mining laws; disposal of sand, gravel, etc., under authority conferred by law in 1955 (30 U.S.C. 601); uses of mining claims; and outstanding mineral rights and problems under the act of October 23, 1962 (30 U.S.C. 701-709), relating to conveyances to occupants of unpatented mining claims. (e) Administrative appeals: An increased number of decisions by the Chief, Forest Service, in appeals under the Secretary's Regulation A-10 were reviewed for legal sufficiency. The appeals concerned purported grievances over timber sales, grazing privileges, land-use permits and proposed land exchanges. Chief's decisions were drafted in appeals involving issues of law. One such appeal of importance was that of Latimer & Sons, Inc., which involved the interpretation of the stumpage rate redetermination and estimated road cost amortization provisions of the timber sale contract. Briefs supporting the decisions of the Chief were prepared in appeals taken to the Secretary of Agriculture. Field attorneys continued to act as counsel for the regional foresters in public hearings in appeals to the Chief, Forest Service. (f) Regulations: During the year a number of Secretary's regulations were amended or promulgated. The Secretary's regulations pertaining to the Administration of the Forest Development Transportation System issued June 10, 1963 (28 Fed. Reg. 6013; 36 C.F.R. 212.7-212.11), required much study, many meetings, and two public hearings. The regulations cover several fields of law, including traffic rules governing the road system, ingress and egress over national forest lands and roads, and acquisition and cost-sharing of roads. The amendment to the regulations governing rights-of-way for electric transmission lines over Forest Service lands issued March 23, 1963 (28 Fed. Reg. 2903; 36 C.F.R. 251.52), required study, legal advice, and coordination with the Department of the Interior in its comparable regulations. The amendment provided for wheeling rights in Interior and the withholding of right-of-way grants if not consistent with the Federal power marketing program. Other regulations of less controversial nature were prepared or reviewed, including regulation T-15 (28 Fed. Reg. 1769; 36 C.F.R. 261.16) which was of importance to the Forest Service because it permits the impoundment by forest officers of personal property on national forests or other land or waters under Forest Service control without specific authorization. 4. Soil Conservation Service programs.-(a) Soil conservation districts program: The legal work consisted of preparing and reviewing cooperative agreements, memorandums of understanding, easements, leases, deeds, permits, regulations, and program proposals. Assistance was given in modifying memorandums of understanding with soil and water conservation districts, which number over 2,900 to reflect the broadened conservation concept set out in the Secretary's memorandum of February 1, 1962, relating to cooperation with soil and water conservation districts. The work also involved assistance in interpreting State laws relating to the conservation and development of soil and water resources, and in preparing new and amendatory legislation relating to State soil and water conservation districts laws and related laws, including analyzing and reviewing such legislation and consulting and attending meetings with personnel of the Soil Conservation Service and State and local officials pertaining to such legislation. This work required a substantial amount of legal help because a number of States need increased 31-270-64-pt. 4—12 assistance in broadening their soil and water conservation district laws to provide for the conservation, development, utilization, and disposal of water to permit them to take advantage of authorizations included in the 1962 amendments to Public Law 566, especially public recreational development authority. A current summary and a comparative analysis chart of State soil and water conservation districts laws was maintained. (b) Watershed protection and flood prevention programs: The work in these programs involved drafting and interpreting legislation relating to Public Law 566 and other Federal laws pertaining to soil and water conservation and land and water development and utilization, and preparation of a legislative history of the 1962 amendments to Public Law 566. It included reviewing and approving watershed work plans for legal sufficiency, with particular attention to constitutional and statutory authority of local organizations. It also included preparing, reviewing, or approving deeds, easements, construction contracts, and related bid bonds and performance and payment bonds and preparing legal opinions interpreting construction contracts involved in litigation and analysis of pleadings and proceedings in such litigation. There was a substantial increase in the number of claims arising under construction contracts involving legal review of findings of fact and of court proceedings where contractors were dissatisfied with awards made by contracting officers. The work included assistance to State officials and agricultural leaders in developing new and amendatory State legislation to enable States and local agencies to obtain the benefits of the 1962 amendments to Public Law 566 providing for Federal cost-sharing assistance for public recreational and fish and wildlife developments. The work also included preparation and publication of the biennial summary of State laws entitled "Status of State Legislation Relating to the Watershed Protection and Flood Prevention Act, as Amended." The Public Works Acceleration Act resulted in increased requests for legal assistance in connection with the watershed protection and flood prevention programs and the Public Law 46 program. (c) Great Plains conservation program: Assistance was given in preparing amendatory regulations with related instruments and Federal Register filing; preparing, interpreting and reviewing administrative regulations, notices, and instructions, including a revised and consolidated administrative handbook; and drafting and interpreting provisions of contracts and other legal instruments. There was an increase in this work as it pertained to the formulation and the administration of procedures for cases of sales or other dispositions of operating units and liability of producers for refund of cost-share payments. (d) Resource conservation and development projects: This is a new phase of work which involved legal assistance in the formulation and initiation of the program for the development of projects for the conservation and utilization of land and water resources, as authorized by Congress in section 102, title I, of the Food and Agriculture Act of 1962. GENERAL STATEMENT Mr. WHITTEN. We will be glad to have you proceed in your own way, Mr. Bagwell. Mr. BAGWELL. Thank you, Mr. Chairman. I have with me on my far right, Ralph Koebel, Assistant General Counsel in charge of Rural Development and Conservation. Next to him is Charles Bucy, who has a new title since the reorganization I spoke about last year. He is Assistant General Counsel in charge of Marketing, Regulatory Laws, Research and Operations. Ed Bawcombe, on my immediate left, is executive assistant to the General Counsel. Ed Shulman is Deputy General Counsel in charge of stabilization programs in general. Mr. Chairman, we are happy to come before your committee again to discuss our Office and our work and our need for funds to carry on our operations. 1965 BUDGET ESTIMATE The 1965 budget recommends a direct appropriation of $3,853,000. This is $154,500 more than the $3,698,500 available for fiscal year 1964, but does not provide for any additional employment. The increase requested is to cover: (1) The costs of the second step of the pay increases authorized by Public Law 87-793, which amount is $85,500; and (2) The net costs of scheduled within-grade salary advancements which amount to $69,000. The total is $154,500. In the past, we have absorbed the costs of within-grade advancements by reducing our planned employment and from the savings we were able to make through turnover. For the past several years, we have, in the face of increased workload, reduced the average employment to the extent that we now believe any further reduction in the staff would have an adverse effect upon the quality of our legal services. 1 Our rate of turnover has been declining during the past year or so, and it is doubtful if there will be sufficient savings of this nature in fiscal year 1965 to cover the costs of within-grade advancements which will be effective. Not only do we expect a smaller saving through turnover, but the costs of these within-grade salary advancements will be higher in 1965 than in previous years. The majority of these increases are in steps 4, 5, and 6 of attorney positions at grade GS-12 and above, which carry annual salary increases ranging from $330 to $550, and in the nonlegal positions at grade GS5 and above. During the fiscal year 1965, many of the employees in these grades will complete the 2-year waiting period and receive their first within-grade salary advancement under the 1962 Pay Act. The recent announcement of at least a holding operation, if not indeed a cutback in our personnel, has just about brought to a standstill the usual turnover of jobs. The personnel just don't move around when you have that situation. We just aren't having any of that right now to speak of. ACTIVITIES STRUCTURE The activities structure appearing in the 1965 budget estimate has been revised to reflect the reorganization of our Office which I discussed when we appeared before you last year. We have some charts here, which you may have. Mr. WHITTEN. I would like for this to be carried in the record. You might wish to present the information in another way, but I do think we should show how this Office is organized. Mr. BAGWELL. We think we have a good setup. We have nine divisions, three under each one of the gentlemen here. Mr. WHITTEN. Could we have this included. With each one of these divisions list the number of lawyers that are assigned directly to the work and those that might be in what you would term a "pool"— available in a general way. Mr. BAGWELL. Yes, we will do that. (The requested material follows:) Statement of organization and attorney assignments Attorneys on rolls as of Mar. 11, 1964 Immediate Office of the General Counsel: Determines legal policy and super- Marketing Division: Provides legal advice and servicing incident Regulatory Division: Provides legal advice and servicing incident to 1 1 14 9. 6. 2: 1. 16 17 Statement of organization and attorney assignments—Continued Immediate Office of the General Counsel-Continued Attorneys on rolls as of Mar. 11, 1964 Research and Operations Division: Provides legal advice and servicing incident to the activities of the Cooperative State Research Service, Economic Research Service, Farmer Cooperative Service, Federal Extension Service, Statistical Reporting Service, the nonregulatory activities of the Agricultural Research Service, patents, and general departmental administrative matters... Assistant General Counsel-Rural Development and Conservation: Directs the legal work arising from the activities of the Farmers Home Administration, Forest Service, Rural Electrification Administration, Soil Conservation Service, and the Office of Rural Areas Development, and activities of the Department in land ownership and water re sources. Farmers Home Division: Provides legal advice and servicing in connection with the activities of the Farmers Home Administration____ Forestry and Soil Conservation Division: Provides legal advice and servicing in connection with the activities of the Forest Service and Soil Conservation Service matters relating to acquisition or disposal of lands or interests in lands, and general water resource matters__. Rural Electrification Division: Provides legal advice and servicing in connection with the activities of the Rural Electrification Administration___ Total, Washington_--- Field Service: Regional attorneys and attorneys in charge direct legal work in connection with activities of the Agricultural Stabilization and Conservation Service, Farmers Home Administration, Federal Crop Insurance Corporation, Forest Service, and Soil Conservation Service, carried on by the field services of these agencies. Matters related to other programs of the Department are handled as special assignments from the Deputy or the appropriate Assistant General Counsel. Field office locations follow: Atlanta, Ga., regional office_- Raleigh, N.C., branch office. Chicago, Ill., regional office_-_ Milwaukee, Wis., branch office_ Denver, Colo., regional office_-_- Albuquerque, N. Mex., branch office... Portland, Oreg., regional office__. Total, Field Service. Grand total.......... -- |