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Show The laws which are discussed here are in addi- tion to those previously discussed in connection with irrigation. Generally directed at preservation of soils and forest and other vegetative cover, some programs are carried out by the Federal Government it- self. Others are conducted in cooperation with State and local agencies, and individuals. Much of the legislation is concerned primarily or ex- clusively with protective management of Federal public lands. Some statutes permit Federal ac- quisition of privately owned lands and their con- servation and management. In recent years, Congress has enacted a num- ber of land use laws marking a sharp turn in Federal interest. Although some were initially directed toward relief of unemployment and rem- edy of social conditions, these laws seek proper land use. -Also, much recent legislation has been aimed at improved practices on non-Federal lands as well as on lands of the United States. In the main, these statutes are administered under the supervision of the Secretaries of Agriculture and the Interior. Sharply distinguished by its regulatory aspects from succeeding land use legislation is the 1893 provision for the jurisdiction of the California Debris Commission over hydraulic mining in the territory drained by the Sacramento and San Joaquin Rrver systems. Here, Congress expressly recognized the direct tie between land use prac- tices and water resources. Apart from this enactment, Federal land use legislation until the early 1930's was concerned with forest Lands, and principally with forest lands of the United States. In 1891, Congress laid the foundation for the creation of national forests, and in 1897 expressly recognized one purpose of national forests as "securing favorable conditions of water flows." Particularly significant is the 1911 Weeks Law in that it provided for the ac- quisition of lands in watersheds of navigable streams for the purpose of managing them as a part of and in the same manner as national for- ests. It thus laid the foundation for a national forest program on a national basis, earlier provi- sions having been effective only in the West. The 1924 Clarke-McNary Act provided for Federal- State cooperation for specified forestry purposes "with a view to the protection of forest and water resources." Similar recognition of the interrela- tion of land and water resources also appears in the 1928 McSweeney-McNary Act, and in 1937 and 1940 legislation seeking sustained-yield man- agement of forest lands. In legislating for national parks, Indian lands, and for the Tennessee Valley, Congress has ac- corded further recognition to the interdependence of land and water. The interrelationships are also recognized in the 1934 Taylor Grazing Act. Expansively broadening Federal interest in land use practices, Congress passed legislation in 1935 and 1936 upon which are based two na- tional soil conservation programs, both under the supervision of the Secretary of Agriculture. Pay- ing express attention to the effect of land use practices upon the use and control of water re- sources, the 1935 legislation serves as the foun- dation for the Soil Conservation Service's pro- gram of technical assistance to operators of land located within soil conservation districts estab- lished under State laws. Under this 1935 legis- lation, the Department of the Interior is respon- sible for a soil conservation program on public lands under its jurisdiction. The 1936 legisla- tion has been employed to furnish direct but con- ditional cash payments to cooperating land operators, under a program administered by the Production and Marketing Administration. Noteworthy also is the fact that Congress in 1937 directed the Secretary of Agriculture to de- velop a program of "land conservation and land utilization, including the retirement of lands which are submarginal or not primarily suitable for cultivation," again expressly recognizing the effect of land practices on water resources. Also under the jurisdiction of the Department of Agriculture are Federal investigations of water- sheds and measures for runoff and water flow retardation and soil erosion prevention on water- sheds. This flood control activity is in addition to that assigned to the Army Engineers and is administered by the Forest Service and the Soil Conservation Service. In 1944, Congress author- ized such flood control activity in 11 watersheds 294 |
