7 Usc 1011

WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 7USC1011]

TITLE 7--AGRICULTURE

CHAPTER 33--FARM TENANCY

SUBCHAPTER III--LAND CONSERVATION AND LAND UTILIZATION

Sec. 1011. Powers of Secretary of Agriculture

To effectuate the program provided for in section 1010 of this
title, the Secretary is authorized--
(a) Repealed. Pub. L. 87-703, title I, Sec. 102(b), Sept. 27, 1962,
76 Stat. 607.
(b) 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.
(c) 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.
(d) 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.
(e) 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 \1/8\ 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
waterbased fish and wildlife or receptional development shall be
consistent with any existing comprehensive statewide outdoor recreation
plan found adequate for purposes of the Land and Water Conservation Fund
Act of 1965 (78 Stat. 897) [16 U.S.C. 460l-4 et seq.]; 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:
(1) 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;
(2) 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.
(f) 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.

(July 22, 1937, ch. 517, title III, Sec. 32, 50 Stat. 525; July 28,
1942, ch. 531, 56 Stat. 725; Pub. L. 87-703, title I, Sec. 102(b), (c),
Sept. 27, 1962, 76 Stat. 607; Pub. L. 87-869, Sec. 7, Oct. 23, 1962, 76
Stat. 1157; Pub. L. 88-537, Aug. 31, 1964, 78 Stat. 745; Pub. L. 89-796,
Sec. 1(b), Nov. 8, 1966, 80 Stat. 1478; Pub. L. 90-578, title IV,
Sec. 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, Sec. 301, Aug. 30, 1972,
86 Stat. 669; Pub. L. 95-113, title XV, Secs. 1503(a), 1507, Sept. 29,
1977, 91 Stat. 1021, 1022; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117; Pub. L. 103-437, Sec. 4(a)(4), Nov. 2, 1994, 108
Stat. 4581; Pub. L. 104-127, title VII, Sec. 791(a), Apr. 4, 1996, 110
Stat. 1151.)

Repeals

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National Forest
System.

References in Text

The Act, referred to in subsec. (c), is the Bankhead-Jones Farm
Tenant Act which is classified generally to this chapter (Sec. 1000 et
seq.). For complete classification of the Act to the Code, see section
1000 of this title and Tables.
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (e), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
which is classified generally to part B (Sec. 460l-4 et seq.) of
subchapter LXIX of chapter 1 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 460l-4 of Title 16 and Tables.

Amendments

1996--Subsec. (e). Pub. L. 104-127 added fifth sentence and struck
out former fifth sentence which read as follows: ``Loans under this
subsection shall be made under contracts which will provide, under such
terms and conditions as the Secretary deems appropriate, for the
repayment thereof in not more than 30 years, with interest at the
average rate, as determined by the Secretary of the Treasury, payable by
the Treasury on its marketable public obligations outstanding at the
beginning of the fiscal year in which the loan is made, which are
neither due nor callable for redemption for 15 years from date of
issue.''
1994--Subsec. (e). Pub. L. 103-437 substituted ``Committee on
Agriculture, Nutrition, and Forestry'' for ``Committee on Agriculture
and Forestry''.
1977--Subsec. (e). Pub. L. 95-113 inserted reference to plans for
the conservation, development, and utilization of water for aquacultural
purposes, inserted definition of ``aquaculture'', and substituted
``$500,000'' for ``$250,000''.
1972--Subsec. (e). Pub. L. 92-419 inserted par. (1) and (2)
provisions which authorized Secretary of Agriculture to provide Federal
assistance for water storage and for water quality management, for
control and abatement of agriculture-related pollution, for disposal of
solid wastes, and for storage of water in reservoirs, farm ponds, or
other impoundments, together with necessary water withdrawal
appurtenances, for rural fire protection.
1970--Subsec. (e). Pub. L. 91-343 inserted provisions authorizing
Secretary to bear an equitable share of the costs of installing works of
improvement, to bear all engineering and other technical assistance
costs, and to bear up to one half of the costs of land, easements or
rights of way and minimum basic public facilities, and limited the
Federal contribution to one work of improvement for each seventy-five
thousand acres in any project where such assistance is not provided
under any other authority.
1966--Pub. L. 89-796 inserted ``local nonprofit organizations'' to
the enumerated public agencies to which this section is applicable.
1964--Subsec. (f). Pub. L. 88-537 provided that persons charged with
violation of such rules and regulations may be tried and sentenced by
any United States commissioner specially designated for that purpose by
the court by which he was appointed, in the same manner as in section
3401(b) to (e) of Title 18, Crimes and Criminal Procedure.
1962--Subsec. (a). Pub. L. 87-703, Sec. 102(b), repealed authority
of Secretary to acquire submarginal land and land not primarily suitable
for cultivation, and interests in and options on such land.
Subsec. (e). Pub. L. 87-703, Sec. 102(c), authorized Secretary to
assist in carrying out the plans by means of loans to State and local
public agencies, conditioned loans on absence of disapproval of plans
within 45 days, prescribed a $250,000 limitation on appropriation for a
single loan without prior committee approval and provided for loan
contracts and interest and repayment of principal and interest.
Subsec. (f). Pub. L. 87-869 substituted ``by a fine of not more than
$500 or imprisonment for not more than six months, or both'' for ``as
prescribed in section 104 of title 18''.
1942--Subsec. (c). Act July 28, 1942, inserted proviso.

Change of Name

``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (f) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ``United States magistrate'' substituted for
``United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 (Sec. 631 et seq.) of Title 28.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.

Transfer of Functions

Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with this
subchapter with respect to pre-construction, construction, and initial
operation of transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector for Alaska
Natural Gas Transportation System, until first anniversary of date of
initial operation of Alaska Natural Gas Transportation System, see
Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666,
93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished,
and functions and authority vested in Inspector transferred to Secretary
of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition
of Office of Federal Inspector note under section 719e of Title 15,
Commerce and Trade. Functions and authority vested in Secretary of
Energy subsequently transferred to Federal Coordinator for Alaska
Natural Gas Transportation Projects by section 720d(f) of Title 15.
Functions of Secretary of the Interior under section 402 of 1946
Reorg. Plan No. 3, with respect to use and disposal from lands under
jurisdiction of Secretary of Agriculture of those mineral materials
which Secretary of Agriculture is authorized to dispose of from other
lands under his jurisdiction under sections 601 to 604 and 611 to 615 of
Title 30, Mineral Lands and Mining, transferred to Secretary of
Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as
a note under section 2201 of this title.
Functions of Secretary of Agriculture with respect to uses of
mineral deposits in lands under subsec. (c) of this section transferred
to Secretary of the Interior by 1946 Reorg. Plan No. 3, Sec. 402, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1099, set out in the Appendix to
Title 5, Government Organization and Employees.

Delegation of Functions

Authority of President under subsec. (c) of this section to transfer
to Federal, State, or Territorial agencies lands acquired by Secretary
of Agriculture under subsec. (a) of this section delegated to
Administrator of General Services, see section 1(14) of Ex. Ord. No.
11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301
of Title 3, The President.

Savings Provision

Repeal by Pub. L. 94-579, insofar as applicable to the issuance of
rights-of-way, not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see note set out under
section 1701 of Title 43, Public Lands.

Existing Rights-of-Way

Provisions of section 706(a) of Pub. L. 94-579, except as pertaining
to rights-of-way, not to be construed as affecting the authority of the
Secretary of Agriculture under this section, see note set out under
section 1701 of Title 43, Public Lands.

Adjustment of Sebastian Martin Grant Boundary Disputes

Act Aug. 11, 1945, ch. 366, 59 Stat. 532, provided for the
adjustment of the Sebastian Martin grant boundary disputes.