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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
EXPLANATORY NOTES

Reference in the Text. H.J. Res. 117, "An Act making appropriation for relief_purposes", referred to in the text, is the Emer

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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)

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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)

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REORGANIZATION PLAN NO. IV OF 1940

DEPARTMENT OF THE INTERIOR

Sec. 6. [Certain functions of the Soil Conservation Service transferred.]The functions of the Soil Conservation Service in the Department of Agriculture with respect to soil and moisture conservation operations conducted on any lands under the jurisdiction of the Department of the Interior are transferred to the Department of the Interior and shall be administered under the direction and supervision of the Secretary of the Interior through such agency or agencies in the Department of the Interior as the Secretary shall designate. (54 Stat. 1235)

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Sec. 13. [Transfer of functions of heads of departments.]—Except as otherwise provided in the Plan, the functions of the head of any department relating to the administration of any agency or function transferred from his department by this Plan, are transferred to, and shall be exercised by, the head of the department or agency to which such transferred agency or function is transferred by this Plan. (54 Stat. 1237)

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MORATORIUM ON CONSTRUCTION CHARGES FOR 1935

[Extract from] An act to further extend relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of June 13, 1935, c. 219, 49 Stat. 337)

Sec. 1. [All provisions of Act of March 27, 1934, extended for one year.]—All of the provisions of the Act entitled “An Act to further extend the operation of the Act entitled 'An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law', approved April 1, 1932", approved March 27, 1934, be, and all of the provisions thereof are hereby, further extended for the period of one year. (49 Stat. 337)

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GENERAL AUTHORITY, INTERNATIONAL BOUNDARY

COMMISSION

An act to amend the Act of May 13, 1924, entitled "An Act providing for a study regarding the equitable use of the waters of the Rio Grande", and so forth, as amended by the public resolution of March 3, 1927. (Act of August 19, 1935, ch. 561, 49 Stat. 660) The Act of May 13, 1924, entitled "An Act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico", as amended by the public resolution of March 3, 1927, is hereby amended to read as follows:

"Sec. 1. [Cooperative study with Mexico on Lower Rio Grande and Lower Colorado and Tia Juana Rivers.]—The President is hereby authorized to designate the American Commissioner on the International Boundary Commission, United States and Mexico, or other Federal agency, to cooperate with a representative or representatives of the Government of Mexico in a study regarding the equitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers, for the purpose of obtaining information which may be used as a basis for the negotiation of a treaty with the Government of Mexico relative to the use of the waters of these rivers and to matters closely related thereto. On completion of such study the results shall be reported to the Secretary of State. (49 Stat. 660 ; 22 U.S.C. § 277)

"Sec. 2. [Authority to construct boundary markers, utility systems and Lower Rio Grande flood control and other works.]-The Secretary of State, acting through the American Commissioner, International Boundary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, demarcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water resources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, and stabilization and other related matters upon the international boundary between the United States and Mexico; and to construct and maintain fences, monuments and other demarcations of the boundary line between the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the international border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law.

"The President is authorized and empowered to construct, operate, and maintain on the Rio Grande River below Fort Quitman, Texas, any and all works or projects which are recommended to the President as the result of such investigations and by the President are deemed necessary and proper. (49 Stat. 660; 22 U.S.C. § 277a)

"Sec. 3. [Authority to construct and operate treaty projects.]-(a) The President is further authorized to construct any project or works which may be provided for in a treaty entered into with Mexico and to repair, protect, maintain, or complete works now existing or now under construction or those that may be

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