515 TAYLOR GRAZING ACT [Extract from] An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement, and development, to stabilize the livestock industry dependent upon the public range, and for other purposes. (Act of June 28, 1934, ch. 865, 48 Stat. 1269) Sec. 7. [Classification of lands.]-The Secretary of the Interior is hereby authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this Act, or proper for acquisition in satisfaction of any outstanding lien, exchange or script rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws, including the Act of February 25, 1920, as amended, may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this Act. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, and such application, if allowed by the Secretary of the Interior, shall entitle the applicant to a preference right to enter, select, or locate such lands if opened to entry as herein provided. (48 Stat. 1272; § 2, Act of June 26, 1936, 49 Stat. 1976; 43 U.S.C. § 315f) EXPLANATORY NOTES 1936 Amendment. Section 2 of the Act of June 26, 1936, amended the section generally by extending the classification authority to all lands covered by Executive Orders 6910 and 6964, as well as lands within a grazing district, and by permitting lands after appropriate classification to be open to all forms of entry, selection or location under the public land laws, rather than confining such entry to homesteads. For legislative history of the 1936 Act see H.R. 10094, Public Law 827 in the 74th Congress; H.R. Rept. No. 2125; S. Rept. Executive Orders. Executive Order No. 6910 (November 26, 1934) withdrew from settlement, location, sale or entry, all vacant, unreserved and unappropriated public land in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah and Wyoming, for classification under the Act of June 28, 1934, and for conservation and development of natural 516 TAYLOR GRAZING ACT resources. Executive Order No. 6964 (February 5, 1935) withdrew from settlement, location, sale, or entry, all public lands, except public lands under an existing reservation for a public purpose, in the States of Alabama, Arkansas, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, Oklahoma, Washington, and Wisconsin, for classification and for conservation and development of natural resources. Classification 1 Withdrawals, effect of 2 1. Classification Reference in Text. The Act of February 25, 1920, referred to in the text, is the Mineral Leasing Act. Editor's Notes, Annotations. Only selected annotations of opinions are included because this act does not relate primarily to activities of the Bureau of Reclamation. Legislative History. H.R. 6462, Public Law 482 in the 73rd Congress. H.R. Rept. No. 903. S. Rept. No. 1182. H.R. Rept. No. 2050 (conference report). NOTES OF OPINIONS In exercise of the discretionary authority vested in the Secretary under section 7 of the Taylor Grazing Act, as amended, public land in the Imperial Valley, California, may be classified as not proper for disposition under the Desert Land Act, 19 Stat. 377, as amended, on the grounds that it would be contrary to the public interest at this time to increase the pressure on the inadequate water supply available for use in California from the Colorado River. Hugh S. Ritter, Thomas M. Bunn, 72 I.D. 111 (1965). See also Stephan H. Clarkson, 72 I.D. 138 (1965). 2. Withdrawals, effect of Land withdrawn under reclamation withdrawal is not unreserved land or land of the type contemplated in Executive Order No. 6910, withdrawing all vacant, unreserved and unappropriated public land in 12 Western States, and unless and until public lands withdrawn pursuant to the Act of June 17, 1902, are restored or eliminated by the Department from such reclamation withdrawals, such lands are excepted from said Executive order, except as otherwise therein provided. Decision of General Land Office, December 13, 1934, approved by First Assistant Secretary, in re Udin entry 05979, Greenfields Irrigation District. Executive Order No. 6910 applies to lands which at the time of the order were covered by withdrawal and attaches to such lands upon the termination of the prior withdrawal. Solicitor Margold Opinion, 55 I.D. 205 (1935). Where lands within a grazing district are found to be needed for reclamation purposes and are more valuable or suitable for that purpose than for grazing purposes, the Secretary of the Interior may, by one order, eliminate them from the grazing district and withdraw them for reclamation purposes by virtue of his authority under the Act of June 26, 1936, and the Act of June 17, 1902, 32 Stat. 388. Memorandum of First Assistant Secretary Walters to Commissioner, General Land Office, July 10, 1936. Public land in a state irrigation district under the Smith Act and burdened with an obligation to pay a proportionate share of irrigation charges is unaffected by the withdrawal order of November 26, 1934, which order declares its operation as a land withdrawal is subject to "existing valid rights." Harley R. Black, 55 I.D. 445 (1936). Public land which is included in a first form reclamation withdrawal is not open to selection and disposal under the private exchange provisions of section 8 of the Taylor Grazing Act. Perley M. Lewis, A-26748 (June 9, 1954). 517 SOIL AND MOISTURE CONSERVATION An act to provide for the protection of land resources against soil erosion, and for other purposes. (Act of April 27, 1935, ch. 85, 49 Stat. 163) [Sec. 1. Protection of land resources against soil erosion.]-It is hereby 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) [Surveys and investigations to be conducted.]-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 Act; and (4) To acquire lands, or rights or interests therein, by purchase, gift, condemnation, or otherwise, whenever necessary for the purposes of this Act. (49 Stat. 163; 16 U.S.C. § 590a) Sec. 2. [Lands on which preventive measures may be taken.]-The acts authorized in section 1 (1) and (2) may be performed— (a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and (b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands. (49 Stat. 163; 16 U.S.C. § 590b) Sec. 3. [Conditions to extending benefits.]—As a condition to the extending of any benefits under this 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 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 518 SOIL AND MOISTURE CONSERVATION (3) Contributions in money, services, materials, or otherwise, to any operations conferring such benefits. (49 Stat. 163; 16 U.S.C. § 590c) Sec. 4. [Cooperation of governmental agencies; officers and employees, appointment and compensation; expenditures for personal services and supplies.]-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 1949, 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 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. (49 Stat. 164; Act of October 28, 1949, 63 Stat. 972; 16 U.S.C. § 590d) EXPLANATORY NOTE 1949 Amendment. The Act of October 28, 1949, substituted the "Classification Act of 1949" for "Classification Act of 1923" in the text. Sec. 5. [Soil Conservation Service established; transfer of functions to.]— 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 Act which relate to the prevention of soil erosion, together with such personnel thereof as the Secretary of Agriculture may determine, 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 provided in H. J. Res. 117, "An Act making appropriation for relief purposes" (for soil erosion) shall be available for expenditure under 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. (49 Stat. 164; 16 U.S.C. § 590e) REORGANIZATION PLAN NO. IV OF 1940 Reference in the Text. H.J. Res. 117, "An Act making appropriation for relief_purposes", referred to in the text, is the Emer 519 gency Relief Appropriation Act of 1935, approved April 8, 1935, Pub. Res., No. 11, 49 Stat. 115. Sec. 6. [Appropriation authorization.]-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. (49 Stat. 164; 16 U.S.C. § 590e, note) The Department may carry out soil and moisture conservation programs on lands under its jurisdiction even though the primary benefits from such programs accrue to lands in private ownership or to federally owned improvements which are under the jurisdiction of other Federal agencies. Solicitor's Opinion M-36047, 60 I.D. 436 (1950), will not be followed to the extent it holds otherwise. Solicitor Barry Opinion, 72 I.D. 92 (1965). The authority of the Secretary of the Interior under the Act of April 27, 1935, and Reorganization Plan No. IV of 1940 is limited to the performance of soil and moisture conservation work on lands under his jurisdiction, or which has as its primary purpose the protection and benefit of lands under his jurisdiction. But once it has been determined that any such land is in need of soil and moisture conservation work, he may proceed to carry out that work regardless of the fact that any or even all of the actual operations must be performed on private lands, and of the fact that resultant benefits may flow to private lands. Acting Solicitor Flanery Opinion, 57 I.D. 382, 387-90 (1941). 2. Preparatory work Under the Soil and Moisture Conservation Act of 1935 and section 6 of Reorganization Plan No. IV (1940) authority exists in the Secretary of the Interior to do certain preparatory work, such as clearing, leveling, and constructing farm ditches, and planting cover crops, on public lands within irrigation projects in the interest of preventing and controlling erosion by wind and water. Solicitor White Opinion, 59 I.D. 299, 304-05 (1946). 3. Demonstration measures The Bureau of Reclamation is authorized to spend funds appropriated for soil and moisture conservation programs for demonstration measures on private lands in connection with reclamation projects to demonstrate methods of applying water and other irrigation practices for the purpose of improving the efficiency of water use, to reduce siltation and to prevent seepage injury to public lands. Solicitor Gardner Opinion, 58 I.D. 449 (1943). [EXTRACTS FROM] REORGANIZATION PLAN NO. IV OF 1940 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 11, 1940, pursuant to the provision of the Reorganization Act of 1939, approved April 3, 1939 (54 Stat. 1234) |