6. WETLANDS ACQUISITION AUTHORITY

Act of October 4, 1961 (75 Stat. 813; 16 U.S.C. 715k-3-715k-5)

APPROPRIATIONS FOR THE PRESERVATION OF WETLANDS AND OTHER WATERFOWL HABITAT

SECTION 1. In order to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetlands and other waterfowl habitat essential to the preservation of such waterfowl, there is authorized to be appropriated for the seven-year period beginning with fiscal year 1962, not to exceed $105,000,000. (Oct. 4, 1961, 75 Stat. 813.)

ACCOUNTING AND USE OF APPROPRIATION

SEC. 2. Funds appropriated each fiscal year pursuant to this Act shall be accounted for, added to, and used for purposes of the migratory bird conservation fund established pursuant to section 4 of the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (48 Stat. 451; 16 U.S.C. 718d). (Oct. 4, 1961, § 2, 75 Stat. 813.)

ADVANCE TO MIGRATORY BIRD CONSERVATION FUND; REPAYMENT; STATE APPROVAL OF ACQUISITION

SEC. 3. Funds appropriated pursuant to this Act shall be treated as an advance, without interest, to the migratory bird conservation fund. Such appropriated funds, beginning with fiscal year 1969, shall be repaid to the Treasury out of the migratory bird conservation fund, and such repayment shall be made in annual amounts comprising 75 per centum of the moneys accruing annually to such fund: Provided, That in the event the full amount authorized by section 1 of this Act is appropriated prior to the end of the aforesaid seven-year period, the repayment of such funds pursuant to this section shall begin with the next full fiscal year: Provided further, That no land shall be acquired with moneys from the migratory bird conservation fund unless the acquisition thereof has been approved by the Governor of the State or appropriate State agency. (Oct. 4, 1961, § 3, 75 Stat. 813.)

234

7. LIMITATIONS ON FEDERAL ASSISTANCE FOR WETLAND DRAINAGE

ON FARMS

Act of April 27, 1935, as amended (16 U.S.C. 590p-1)

SHORT TITLE

This Act, as amended, may be known as the "Soil Conservation and Domestic Allotment Act".

*

*

*

WETLANDS DRAINAGE PROHIBITION; FINDINGS BY SECRETARY OF THE

INTERIOR

SEC. 16A. The Secretary of Agriculture shall not enter into an agreement in the States of North Dakota, South Dakota, and Minnesota to provide financial or technical assistance for wetland drainage on a farm under authority of this Act, if the Secretary of the Interior has made a finding that wildlife preservation will be materially harmed on that farm by such drainage and that preservation of such land in its undrained status will materially contribute to wildlife preservation and such finding, identifying specifically the farm and the land on that farm with respect to which the finding was made, has been filed with the Secretary of Agriculture within ninety days after the filing of the application for drainage assistance: Provided, That the limitation against furnishing such financial or technical assistance shall terminate (1) at such time as the Secretary of the Interior notifies the Secretary of Agriculture that such limitation should not be applicable, (2) one year after the date on which the adverse finding of the Secretary of the Interior was filed unless during that time an offer has been made by the Secretary of the Interior or a State government agency to lease or to purchase the wetland area from the owner thereof as a waterfowl resource, or (3) five years after the date on which such adverse finding was filed if such an offer to lease or to purchase such wetland area has not been accepted by the owner thereof: Provided further, That upon any change in the ownership of the land with respect to which such adverse finding was filed, the eligibility of such land for such financial or technical assistance shall be redetermined in accordance with the provisions of this section. (Apr. 27, 1935, c. 85 § 16A, as added Oct. 2, 1962, Pub. L. 87-732, 76 Stat. 696.)

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8. PROMOTION OF THE CONSERVATION AND ECONOMIC USE OF LAND

Act of April 27, 1935 (49 Stat. 163), as amended (16 U.S.C. 590p(e))

SHORT TITLE

This Act may be cited as the "Soil Conservation and Domestic Allotment Act."

(e) (1) For the purpose of promoting the conservation and economic use of land, the Secretary [of Agriculture], without regard to the foregoing provisions of this Act, except those relating to the use of the services of State and local committees, is authorized to enter into agreements, to be carried out during such period not to exceed ten years as he may determine, with farm and ranch owners and operators providing for changes in cropping systems and land uses and for practices or measures to be carried out primarily on any lands owned or operated by them and regularly used in the production of crops (including crops such as tame hay, alfalfa, and clovers, which do not require annual tillage, and including lands covered by conservation reserve contracts under subtitle B of the Soil Bank Act) for the purpose of conserving and developing soil, water, forest, wildlife, and recreation resources. Such agreements shall include such terms and conditions as the Secretary may deem desirable to effectuate the purposes of this subsection and may provide for payments, the furnishing of materials and services, and other assistance in amounts determined by the Secretary to be fair and reasonable, in consideration of the obligations undertaken by the farm and ranch owners and operators and the rights acquired by the Secretary: Provided, That agreements for the establishment of tree cover may not provide for annual payments with respect to such land for a period in excess of five years.

(2) No agreement shall be entered into under this subsection covering land with respect to which theownership has changed in the two year period preceding the first year of the contract period unless (a) the new ownership was acquired by will or succession as a result of the death of the previous owner, (b) the land becomes a part of an existing farm or ranch, or (c) the land is combined with other land as a farming or ranching enterprise which the Secretary determines will effectuate the purposes of the program: Provided, That this provision shall not prohibit the continuation of an agreement by a new owner after an agreement has once been entered into under this subsection. (3) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under this subsection.

(4) The Secretary may agree to such modification of agreements previously entered into as he may determine to be desirable to carry out the purposes of this subsection or to facilitate the practical administration of the program carried out pursuant to this subsection.

(5) The Secretary shall issue such regulations as he determines necessary to carry out the provisions of this subsection.

(6) Notwithstanding any other provision of law, the Secretary, to the extent he deems it desirable to carry out the purposes of this subsection, may provide in any agreement hereunder for (A) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (B) surrender of any such history and allotments.

(7) There is hereby authorized to be appropriated such sums as may be necessary to carry out this subsection. The Secretary is authorized to utilize the facilities, services, authorities, and funds of the Commodity Credit Corporation in discharging his functions and responsibilities under this subsection including payment of costs of administration for the program authorized under this subsection: Provided, That after June 30, 1963, the Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection. The Secretary shall not enter into agreements hereunder which would require payments, the furnishing of materials and services, and other assistance, in amounts in excess of $10,000,000 for any calendar year, except that the Secretary may enter into agreements hereunder with respect to lands previously covered by conservation reserve contracts which would require payments, the furnishing of materials and services, and other assistance, in an additional amount for the calendar year 1963 not exceeding $15,000,000.

B. Wildlife restoration

1. FEDERAL AID IN WILDLIFE RESTORATION ACT (PITTMAN

ROBERTSON ACT)

Act of September 2, 1937 (50 Stat. 917), as amended (16 U.S.C. 669-669b, 669c-6691)

TABLE OF CONTENTS

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.
Sec.

1. Cooperation of Secretary of the Interior with States; conditions. 2. Definitions.

3. Appropriations; disposition of unexpended funds.

4. Apportionment of funds; expenses of Secretary.

5. Certification to States; acceptance by States; disposition of funds not accepted.

6. Submission and approval of projects; setting funds aside.

7. Payment of funds to States.

8. Maintenance of projects; expenditures for management.

Sec. 8(a). Payment of funds to and cooperation with Puerto Rico, Guam, and

the Virgin Islands.

Sec. 9. Employment of personnel.

Sec.

10. Rules and regulations.

Sec. 11. Report, repealed.

COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES; CONDITIONS

SECTION. 1. The Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter set forth; but no money apportioned under said sections to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this Act and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this Act, and shall agree upon the wildliferestoration projects to be aided in such State under the terms of said sections and all projects shall conform to the standards fixed by the Secretary of the Interior. (Sept. 2, 1937, c. 899, § 1, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

HISTORICAL NOTE

Transfer of Functions.-1939 Reorg. Plan No. II, transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior.