
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6962]

 
                          TITLE 7--AGRICULTURE
 
          CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
 
             SUBCHAPTER V--NATURAL RESOURCES AND ENVIRONMENT
 
Sec. 6962. Natural Resources Conservation Service


(a) Establishment

    The Secretary is authorized to establish and maintain within the 
Department a Natural Resources Conservation Service.

(b) Functions

    If the Secretary establishes the Natural Resources Conservation 
Service under subsection (a) of this section, the Secretary is 
authorized to assign to the Service jurisdiction over the following:
        (1) The Water Bank Act (16 U.S.C. 1301 et seq.).
        (2) The forestry incentive program under section 2103 of title 
    16.
        (3) Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 
    et seq.), except subchapter B of chapter 1 of subtitle D of such 
    title [16 U.S.C. 3831 et seq.].
        (4) Salinity control measures under section 1592(c) of title 43.
        (5) The Farms for the Future Act of 1990 (7 U.S.C. 4201 note).
        (6) Such other functions as the Secretary considers appropriate, 
    except functions under subchapter B of chapter 1 of subtitle D of 
    title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836).

(c) Special concurrence requirements for certain functions

    In carrying out the programs specified in paragraphs (1), (2), and 
(4) of subsection (b) of this section and the program under subchapter C 
of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3837-3837f), the Secretary shall--
        (1) acting on the recommendations of the Natural Resources 
    Conservation Service, with the concurrence of the Consolidated Farm 
    Service Agency, issue regulations to carry out such programs;
        (2) ensure that the Natural Resources Conservation Service, in 
    establishing policies, priorities, and guidelines for each such 
    program, does so with the concurrence of the Consolidated Farm 
    Service Agency at national, State, and local levels;
        (3) ensure that, in reaching such concurrence at the local 
    level, the Natural Resources Conservation Service works in 
    cooperation with Soil and Water Conservation Districts or similar 
    organizations established under State law;
        (4) ensure that officials of county and area committees 
    established under section 590h(b)(5) of title 16 meet annually with 
    officials of such Districts or similar organizations to consider 
    local conservation priorities and guidelines; and
        (5) take steps to ensure that the concurrence process does not 
    interfere with the effective delivery of such programs.

(d) Use of Federal and non-Federal employees

                         (1) Use authorized

        In the implementation of functions assigned to the Natural 
    Resources Conservation Service, the Secretary may use 
    interchangeably in local offices of the Service both Federal 
    employees of the Department and non-Federal employees of county and 
    area committees established under section 590h(b)(5) of title 16.

                            (2) Exception

        Notwithstanding paragraph (1), no personnel action (as defined 
    in section 2302(a)(2)(A) of title 5) may be taken with respect to a 
    Federal employee unless such action is taken by another Federal 
    employee.

(e) Savings provision

    For purposes of subsections (c) and (d) of this section:
        (1) A reference to the ``Natural Resources Conservation 
    Service'' includes any other office, agency, or administrative unit 
    of the Department assigned the functions authorized for the Natural 
    Resources Conservation Service under this section.
        (2) A reference to the ``Consolidated Farm Service Agency'' 
    includes any other office, agency, or administrative unit of the 
    Department assigned the functions authorized for the Consolidated 
    Farm Service Agency under section 6932 of this title.

(Pub. L. 103-354, title II, Sec. 246, Oct. 13, 1994, 108 Stat. 3223; 
Pub. L. 104-127, title III, Sec. 336(a)(2)(D), (b)(2)(B), (c)(3), 
(d)(2), Apr. 4, 1996, 110 Stat. 1005, 1006.)

                       References in Text

    The Water Bank Act, referred to in subsec. (b)(1), is Pub. L. 91-
559, Dec. 19, 1970, 84 Stat. 1468, as amended, which is classified 
generally to chapter 29 (Sec. 1301 et seq.) of Title 16, Conservation. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1301 of Title 16 and Tables.
    The Food Security Act of 1985, referred to in subsecs. (b)(3), (6) 
and (c), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. 
Title XII of the Act, popularly known as the ``Sodbuster Law'', is 
classified principally to chapter 58 (Sec. 3801 et seq.) of Title 16. 
Subchapters B and C of chapter 1 of subtitle D of title XII of the Act 
are classified generally to subparts B (Sec. 3831 et seq.) and C 
(Sec. 3837 et seq.), respectively, of part I of subchapter IV of chapter 
58 of Title 16. For complete classification of this Act to the Code, see 
Short Title of 1985 Amendment note set out under section 1281 of this 
title and Tables.
    The Farms for the Future Act of 1990, referred to in subsec. (b)(5), 
is Pub. L. 101-624, title XIV, ch. 2, Secs. 1465-1470B, Nov. 28, 1990, 
104 Stat. 3616-3619, as amended, which is set out as a note under 
section 4201 of this title.

                          Codification

    Section is comprised of section 246 of Pub. L. 103-354. Subsec. (f) 
of section 246 of Pub. L. 103-354 amended sections 2001, 2002, 2005, and 
3862 of Title 16, Conservation, and repealed section 590e of Title 16.


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-127, Sec. 336(d)(2)(A), 
redesignated par. (3) as (1) and struck out former par. (1) which read 
as follows: ``The rural environmental conservation program under title X 
of the Agricultural Act of 1970 (16 U.S.C. 1501 et seq.).''
    Subsec. (b)(2). Pub. L. 104-127, Sec. 336(b)(2)(B), (d)(2)(A)(ii), 
redesignated par. (4) as (2) and struck out former par. (2) which read 
as follows: ``The Great Plains Conservation Program under section 16(b) 
of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 
590p(b)).''
    Subsec. (b)(3). Pub. L. 104-127, Sec. 336(d)(2)(A)(ii), redesignated 
par. (5) as (3). Former par. (3) redesignated (1).
    Subsec. (b)(4). Pub. L. 104-127, Sec. 336(c)(3), (d)(2)(A)(ii), 
redesignated par. (6) as (4) and substituted ``measures'' for 
``program''. Former par. (4) redesignated (2).
    Subsec. (b)(5). Pub. L. 104-127, Sec. 336(d)(2)(A)(ii), redesignated 
par. (7) as (5). Former par. (5) redesignated (3).
    Subsec. (b)(6). Pub. L. 104-127, Sec. 336(a)(2)(D), (d)(2)(A)(ii), 
redesignated par. (8) as (6) and struck out before period at end ``and 
the agricultural conservation program under the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590g et seq.)''. Former par. (6) 
redesignated (4).
    Subsec. (b)(7), (8). Pub. L. 104-127, Sec. 336(d)(2)(A)(ii), 
redesignated pars. (7) and (8) as (5) and (6), respectively.
    Subsec. (c). Pub. L. 104-127, Sec. 336(d)(2)(B), in introductory 
provisions, substituted ``(1), (2), and (4)'' for ``(2), (3), (4), and 
(6)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6932, 6991 of this title.
