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(9) Orders with or without marketing agreement

(10) Manner of regulation and applicability
(11) Regional application

379

379

PART I

SOIL CONSERVATION AND LAND USE PROGRAMS

SUBPART A. SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT

EXPLANATORY NOTE

Sections 1 to 6, which were enacted April 27, 1935 (49 Stat. 163 vested certain powers in the Secretary of Agriculture with respect the control and prevention of soil erosion and provided for the S Conservation Service to be established as the agency to exercise sud powers.

Sections 7 to 17 were enacted February 29, 1936 (49 Stat. 1148 to replace, in part, certain provisions of the Agricultural Adjustme Act of 1933 which were invalidated by the Supreme Court January 6, 1936. Section 17 provides that the entire Act may be cita as the "Soil Conservation and Domestic Allotment Act." Under th agricultural conservation program formulated pursuant to sections to 17 of the Act, farmers are assisted through payments and gran of aid in carrying out approved soil and water conservation measure Originally the States were given the opportunity to submit State pla for the administration of the conservation program pursuant to se tion 7 of the Act. However, only one State submitted a plan, and was unacceptable. The Congress had on many occasions extended t authority of the Secretary to conduct the conservation program, pʊ suant to section 7 of the Act so as to provide the States additional tim to submit these plans. The Secretary's authority was to expire December 31, 1962, and the Congress repealed the State Plans pro sions of the Act and granted the Secretary continuing authority carry out the agricultural conservation program on a national bas (Pub. L. 87-703, 76 Stat. 605.)

Section 16 (b) was enacted August 7, 1956 (70 Stat. 1115), to provi specifically for a conservation program in the States of the Gr Plains area.

Section 16(e), providing for long-term cropland conversion co tracts, was added by Pub. L. 87-703, 76 Stat. 606, approved Septe ber 27, 1962.

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SUBPART C. LAND STABILIZATION, CONSERVATION,

AND EROSION CONTROL

APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 1

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SEC. 203 (a) In order to provide for the control and prevention of osion and sediment damages in the Appalachian region and to omote the conservation and development of the soil and water sources of the region, the Secretary of Agriculture is authorized to ter into agreements of not more than ten years with landowners, erators, and occupiers, individually or collectively, in the Appalaian region determined by him to have control for the period of e agreement of the lands described therein, providing for land abilization, erosion and sediment control, and reclamation through anges in land use, and conservation treatment including the estabshment of practices and measures for the conservation and developent of soil, water, woodland, wildlife, and recreation resources. (b) The landowner, operator, or occupier shall furnish to the Sectary of Agriculture a conservation and development plan setting rth the appropriate and safe land uses and conservation treatment utually agreed by the Secretary and the landowner operator, or cupier to be needed on the lands for which the plan was prepared. (c) Such plan shall be incorporated in an agreement under which e landowner, operator, or occupier shall agree with the Secretary Agriculture to carry out the land uses and conservation treatent provided for in such plan on the lands decsribed in the agreeent in accordance with the terms and conditions thereof.

(d) In return for such agreement by the landowner, operator, or cupier the Secretary of Agriculture shall be authorized to furnish nancial and other assistance to such landowner, operator, or occuer in such amounts and subject to such conditions as the Secretary etermines are appropriate and in the public interest for the carryg out of the land uses and conservation treatment set forth in the greement: Provided, That grants hereunder shall not exceed 80 per entum of the cost of carrying out such land uses and conservation eatment on fifty acres of land occupied by such owner, operator, or cupier.

(e) The Secretary of Agriculture may terminate any agreement ith a landowner, operator, or occupier by mutual agreement if the ecretary determines that such termination would be in the public terest, and may agree to such modification of agreements previously tered into hereunder as he deems desirable to carry out the pur

1 P.L. 89-4, 79 Stat. 12, March 9, 1965. For the full text of the Act (as amended by L. 90-103, 81 Stat. 257, Oct. 11, 1967, P.L. 91-123, 83 Stat. 213, Nov. 25, 1969, P.L. 2-65, 85 Stat. 168, August 5, 1971 and the Regional Development Act of 1975, P.L. -188, 89 Stat. 1079, Dec. 31, 1975), including provisions for the administration of ec. 203, see 40 U.S.C. App. 1-405. The Act is effective until Oct. 1, 1979.

231-511 O-77-2

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