7 U.S.C. § 1011 — Powers of Secretary of Agriculture
submitted 89 years ago by ch. 517 to r/title-7-AGRICULTURE · 1,464 words · no verdicts yet
The Secretary of Agriculture may manage, transfer, and help develop property under the program in section 1010. The authority includes land conservation, water supply, aquaculture, recreation, and related rural improvements.
To carry out the program in section 1010, the Secretary may do the following.
(a) This subsection was repealed by the cited 1962 law.
(b) The Secretary may protect, improve, develop, and administer property acquired under the program. The Secretary may build structures needed to adapt the property to its most beneficial use.
(c) The Secretary may sell, exchange, lease, or otherwise dispose of acquired property, with or without payment, on terms that best carry out this subchapter. A sale, exchange, or grant may be made only to a public authority or agency and only if the property will be used for public purposes. An exchange may instead be made with a private owner or a subdivision or agency of a State government if the Secretary finds that it does not conflict with the Act and that the property received is substantially equal in value to the property conveyed. The Secretary may recommend that the President transfer property to another Federal, State, or Territorial agency, along with conditions that best serve land conservation and land use. The President may make that transfer.
(d) For land or an interest in land acquired by or transferred to the Secretary for this subchapter, the Secretary may, in the Secretary’s discretion, dedicate or grant it for any public purpose, and may grant licenses and easements on reasonable terms.
(e) The Secretary may cooperate with Federal, State, Territorial, and other public agencies and local nonprofit organizations to develop land-conservation and land-use plans, and plans to conserve, develop, and use water for aquaculture. The Secretary may help carry out those plans through loans to State and local public agencies and local nonprofit organizations designated by a State legislature or Governor. The Secretary may also conduct surveys and investigations about conditions affecting this subchapter and the most effective methods of carrying it out, and may share information about these activities. This subsection uses “aquaculture” to mean the culture or husbandry of aquatic animals or plants; this section does not otherwise define that term.
A loan may be made only if the plan was submitted to, and was not rejected within 45 days by, the responsible State agency, or by the Governor if there is no such agency. No single loan over $500,000 may be appropriated unless both listed congressional agriculture committees approve it by resolution. A loan contract must require repayment within no more than 30 years, with interest no higher than the comparable current market yield on outstanding municipal obligations, rounded to the nearest one-eighth of 1 percent. Principal and interest payments must begin within 5 years.
For plans under this subchapter, the Secretary may pay an equitable share of the cost of installing improvement works for public water-based fish and wildlife or recreation, considering national needs and similar Federal programs. The Secretary may pay all engineering and other technical-assistance costs. If a participating State, public agency, or local nonprofit organization agrees to operate and maintain a reservoir or other area for those purposes, the Secretary may pay no more than one-half of the cost of (1) land, easements, and rights-of-way acquired or to be acquired for it, and (2) minimum facilities needed for public health and safety, access, and use. The Secretary may not share the cost of installing more than one such improvement work for each 75,000 acres in a project. The development must be consistent with an adequate statewide outdoor-recreation plan under chapter 2003 of title 54. Cost-sharing is allowed only if the Secretary finds that other existing authority cannot provide it.
In carrying out plans, the Secretary may also:
(1) Provide technical and other help and pay for water storage for present or expected future rural-community water-supply needs in a reservoir built or modified under the plan. Future-demand storage may be no more than 30 percent of the reservoir’s estimated total cost. The public agency or local nonprofit organization must give reasonable assurances, supported by evidence, that the future demand will occur soon enough for the storage cost to be repaid during the reservoir’s life. Before construction or modification begins, it must agree to pay at least 50 percent of present-demand storage and all future-demand storage. Future-demand storage costs may be repaid during the reservoir’s life, but no later than 50 years after the reservoir is first used for that future supply. No payment or interest is required until the supply is first used, but the interest-free period may not exceed 10 years. The interest rate on the unpaid balance is the Treasury average rate, determined by the Secretary of the Treasury, on its marketable public obligations outstanding at the beginning of the fiscal year of the first advance, when those obligations are neither due nor callable for redemption for 15 years after issue.
(2) For rural communities, provide technical and other help and an equitable share of the costs of water-quality management, control and reduction of agriculture-related pollution, solid-waste disposal, and water storage in reservoirs, farm ponds, or other impoundments, including needed water-withdrawal equipment for rural fire protection. The share is determined by the Secretary in light of national needs and similar Federal programs.
(f) The Secretary may issue rules and regulations needed to prevent trespasses and regulate use and occupancy of property acquired or transferred for this subchapter, to conserve and use it or advance this subchapter. A violation may be punished by a fine up to $500, imprisonment up to six months, or both. A person charged may be tried and sentenced by a specially designated United States magistrate judge in the same way and under the same conditions provided in section 3401(b) through (e) of title 18.
To effectuate the program provided for in section 1010 of this title, the Secretary is authorized—
Repealed. Pub. L. 87–703, title I, § 102(b), Sept. 27, 1962, 76 Stat. 607.
To protect, improve, develop, and administer any property so acquired and to construct such structures thereon as may be necessary to adapt it to its most beneficial use.
To sell, exchange, lease, or otherwise dispose of, with or without a consideration, any property so acquired, under such terms and conditions as he deems will best accomplish the purposes of this subchapter, but any sale, exchange, or grant shall be made only to public authorities and agencies and only on condition that the property is used for public purposes: Provided, however, That an exchange may be made with private owners and with subdivisions or agencies of State governments in any case where the Secretary of Agriculture finds that such exchange would not conflict with the purposes of the Act, and that the value of the property received in exchange is substantially equal to that of the property conveyed. The Secretary may recommend to the President other Federal, State, or Territorial agencies to administer such property, together with the conditions of use and administration which will best serve the purposes of a land-conservation and land-utilization program, and the President is authorized to transfer such property to such agencies.
With respect to any land, or any interest therein, acquired by, or transferred to, the Secretary for the purposes of this subchapter, to make dedications or grants, in his discretion, for any public purpose, and to grant licenses and easements upon such terms as he deems reasonable.
To cooperate with Federal, State, territorial, and other public agencies and local nonprofit organizations in developing plans for a program of land conservation and land utilization or plans for the conservation, development and utilization of water for aquacultural purposes, to assist in carrying out such plans by means of loans to State and local public agencies and local nonprofit organizations designated by the State legislature or the Governor, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this subchapter, and to disseminate information concerning these activities. As used in this subsection, the term “aquaculture” means the culture or husbandry of aquatic animals or plants. Loans to State and local public agencies and to local nonprofit organizations shall be made only if such plans have been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this subsection in excess of $500,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. A loan under this subsection shall be made under a contract that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan in not more than 30 years, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest ⅛ of 1 percent. Repayment of principal and interest on such loans shall begin within 5 years. In providing assistance for carrying out plans developed under this subchapter, the Secretary shall be authorized to bear such proportionate share of the costs of installing any works of improvement applicable to public water-based fish and wildlife or recreational development as is determined by him to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs: Provided, That all engineering and other technical assistance costs relating to such development may be borne by the Secretary: Provided further, That when a State or other public agency or local nonprofit organization participating in a plan developed under this subchapter agrees to operate and maintain any reservoir or other area included in a plan for public waterbased fish and wildlife or recreational development, the Secretary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the State or other public agency or local nonprofit organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That in no event shall the Secretary share any portion of the cost of installing more than one such work of improvement for each seventy-five thousand acres in any project; and that any such public water-based fish and wildlife or recreational development shall be consistent with any existing comprehensive statewide outdoor recreation plan found adequate for purposes of chapter 2003 of title 54; and that such cost-sharing assistance for any such development shall be authorized only if the Secretary determines that it cannot be provided under other existing authority.
The Secretary shall also be authorized in providing assistance for carrying out plans developed under this subchapter:
To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any reservoir structure constructed or modified pursuant to such plans: Provided, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agency or local nonprofit organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than 50 per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: And provided further, That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be the average rate, as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obligations outstanding at the beginning of the fiscal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue;
To provide, for the benefit of rural communities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality management, for the control and abatement of agriculture-related pollution, for the disposal of solid wastes, and for the storage of water in reservoirs, farm ponds, or other impoundments, together with necessary water withdrawal appurtenances, for rural fire protection, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs.
To make such rules and regulations as he deems necessary to prevent trespasses and otherwise regulate the use and occupancy of property acquired by, or transferred to, the Secretary for the purposes of this subchapter, in order to conserve and utilize it or advance the purposes of this subchapter. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401(b) to (e) of title 18.
Source credit: (July 22, 1937, ch. 517, title III, § 32, 50 Stat. 525; July 28, 1942, ch. 531, 56 Stat. 725; Pub. L. 87–703, title I, § 102(b), (c), Sept. 27, 1962, 76 Stat. 607; Pub. L. 87–869, § 7, Oct. 23, 1962, 76 Stat. 1157; Pub. L. 88–537, Aug. 31, 1964, 78 Stat. 745; Pub. L. 89–796, § 1(b), Nov. 8, 1966, 80 Stat. 1478; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 91–343, July 18, 1970, 84 Stat. 439; Pub. L. 92–419, title III, § 301, Aug. 30, 1972, 86 Stat. 669; Pub. L. 95–113, title XV, §§ 1503(a), 1507, Sept. 29, 1977, 91 Stat. 1021, 1022; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–437, § 4(a)(4), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–127, title VII, § 791(a), Apr. 4, 1996, 110 Stat. 1151; Pub. L. 113–287, § 5(a), Dec. 19, 2014, 128 Stat. 3263.)
- 1937Enacted · Act of July 22, 1937, ch. 517 · 50 Stat. 525
- 1942Amended · Act of July 28, 1942, ch. 531 · 56 Stat. 725
- 1962Amended · Pub. L. 87-703 · 76 Stat. 607
- 1962Amended · Pub. L. 87-869 · 76 Stat. 1157
- 1964Amended · Pub. L. 88-537 · 78 Stat. 745
- 1966Amended · Pub. L. 89-796 · 80 Stat. 1478
- 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
- 1970Amended · Pub. L. 91-343 · 84 Stat. 439
- 1972Amended · Pub. L. 92-419 · 86 Stat. 669
- 1977Amended · Pub. L. 95-113 · 91 Stat. 1021, 1022
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
- 1994Amended · Pub. L. 103-437 · 108 Stat. 4581
- 1996Amended · Pub. L. 104-127 · 110 Stat. 1151
- 2014Amended · Pub. L. 113-287 · 128 Stat. 3263
A history note hasn’t been published yet. The record shows enactment by ch. 517 on 1937-07-22.
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