CHAPTER 175 - UNIVERSITY OF DELAWARE - DELAWARE AGRICULTURAL CONSERVATION AND ADJUSTMENT ACT

AN ACT TO PROVIDE FOR THE CONSERVATION, PROTECTION, IMPROVEMENT AND PROFITABLE USE OF AGRICULTURAL LAND RESOURCES OF THE STATE OF DELAWARE AND FOR COOPERATION WITH THE GOVERNMENT AND AGENCIES OF OTHER STATES AND OF THE UNITED STATES PURSUANT TO THE PROVISIONS OF SECTION 7 OF AN ACT OF THE CONGRESS OF THE UNITED STATES KNOWN AS THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT, TO ASSENT TO AND ACCEPT THE PROVISIONS OF SAID ACT; AND, IN CONFORMITY WITH THE PROVISIONS OF SAID ACT, TO DESIGNATE AND AUTHORIZE THE UNIVERSITY OF DELAWARE AS THE STATE AGENCY OF THIS STATE IN CONFORMITY WITH SUCH PROVISIONS, TO FORMULATE, SUBMIT TO THE SECRETARY OF AGRICULTURE OF THE UNITED STATES, AND AD,MINISTER, STATE PLANS TO CARRY OUT THE PROVISIONS OF THIS ACT, TO DEFINE THE POWERS AND DUTIES OF SAID UNIVERSITY OF DELAWARE AS SUCH STATE AGENCY, TO PROVIDE FOR AN ADVISORY BOARD AND OTHERWISE TO PROVIDE FOR THE ADMINISTRATION OF THIS ACT, AND MAKING AN APPROPRIATION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Short Title:--This act may be known and cited as Delaware Agricultural Conservation and Adjustment Act.

Section 2. Declaration of purpose.

(a) It is hereby recognized and declared:

(1) That the soil resources and fertility of the land of this State, and the economic use thereof, the prosperity of the farming population of this State are matters affected with a public interest;

(6) That the welfare of this State has been impaired and is in danger of being further impaired through failure to conserve adequately its soil resources, and by the decrease in the purchasing power of the net income per person on farms in the State as compared with the net income per person in the State not on farms:

(7) That said evils have been augmented and are likely to be augmented by similar conditions in other States and are so interrelated with such conditions in other States, that the remedying of such conditions in this State requires action by this State in cooperation with the governments and agencies of other States and of the United States and requires assistance therein by the government and agencies of the United States, and

(0) That the formulation and effectuation by this State of State plans in conformity with the provisions of Section 7 of the Soil Conservation and Domestic Allotment Act is calculated to remedy said conditions and will tend to advance the public welfare of this State.

(b) Therefore, in order to promote the welfare of the people of this State by aiding in the preservation and improvement of soil fertility, in the promotion of the economic use and conservation of land, and in the re-establishment, at as rapid a rate as is practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the net income per person not on farms that prevailed during the five-year period August 1909 to July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio, the State of Delaware hereby assents to and accepts the provisions of the Soil Conservation and Domestic Allotment Act and adopts the policy and purpose of cooperating with the government and agencies of other States and of the United States in the accomplishment of the policy and purposes specified in Section 7 of said act; subject, however, to the following limitations:

(1) The powers conferred in this act shall be used only to assist voluntary action calculated to effectuate such purposes.

(2) In carrying out the purposes specified in this section due regard shall be given to the maintenance of a continuous and stable national supply of agricultural commodities adequate to meet consumer demand at prices fair to both the producers and consumers.

Section 3. Definitions.

(a) The term "person" as used in this act, unless the context otherwise required, includes an individual, corporation, partnership, firm, business trust, joint-stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.

(b) The expression "other States of the United States" as used in this act shall include Alaska, Hawaii, and Puerto Rico.

Section 4. Designation of State Agency.

(a) The University of Delaware (hereinafter called University) is hereby designated and authorized as the State agency of this State to carry out the policy and purposes of this act and to formulate and administer State plans pursuant to the terms of this act.

Section 5. Formulation and Administration of State Plans.

(c) The University is authorized and directed to formulate for each calendar year, commencing with the year 1938, and to submit to the Secretary of Agriculture of the United States for and in the name of this State, a State plan for carrying out the purposes of this act during such calendar year.

(d) The University is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this act, it finds necessary to provide for more substantial furtherance of the .accomplishment of the purposes of this act.

(c) Each such plan shall provide for such participation in its administration by such voluntary county and community committees, or voluntary associations of agricultural producers, organized under this act, as the University determines to be necessary or proper for the effective administration of the plan.

(d) Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the University determines to be calculated to effectuate as substantial accomplishment of the purposes of this act as may reasonably be achieved through action of this State, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the University determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this act without depriving such producers of a voluntary and uncoerced choice of action.

(e) Any such plan shall provide for such educational programs as the University determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this act.

() Each such plan shall contain an estimate of expenditures necessary to carry out such plan together with a statement of such amount as the University determines to be necessary to be paid by the Secretary of Agriculture of the United States as a grant in aid of such plan under Section 7 of the Soil Conservation and Domestic Allotment Act, in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the University to be necessary for carrying out such plan during such period.

(g) The University shall be authorized to conduct such investigations as it finds to be necessary for the formulation and administration of such plans, such investigations to be paid for from Federal funds provided for the purposes of this act.

Section 6. Receipt and Disbursement of Funds.

(a) The University is hereby authorized and empowered to receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this act. All such money or other aid together with any moneys appropriated or other provisions made by this State for such purpose, shall be forthwith available to said University as the agency of the State subject, in the case of any conditioned funds or other aid, to the conditions upon which such funds or other aid shall have been received, for the purpose of administering this act and may be expended by the University in carrying out only such State plans or in otherwise effectuating the purposes and policies of this act.

(b) Subject to any conditions upon which any such money or other aid is made available to the State and to the terms of any applicable plan made effective pursuant to this act, such expenditures may include, but need not be limited to, expenditures for administrative expenses; equipment, cost of research and investigation, cost of educational activities; compensation and expenses of members of the State Advisory Board; reimbursement to other State agencies or to voluntary committees or associations of agricultural producers for costs to such agencies; committees or associations of assistance in the administration of this act requested in writing by the University and rendered to the University; reimbursement of any other fund from which it shall have made expenditures in providing services in the administration of this act; payments to agricultural producers provided for in any plan made effective pursuant to this act; salaries of employees; and all other expenditures requisite to carrying out the provisions and purposes of this act.

(c) The University shall provide for the keeping of full and accurate accounts as such State agency, separate from its accounts kept in its other capacities, showing all receipts and expenditures of moneys, securities, or other property received, held or expended under the provisions of this act and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under the provisions of this act.

Section 7. Additional Powers and Duties of the University as Such State Agency.

(a) The University shall utilize such available services and assistance of other State agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this act.

(b) The University shall have authority to make such rules and regulations, consistent with the provisions of this act, and to do any and all other acts consistent with the provisions of this act, which it finds to be necessary or proper for the effective administration of this act.

(c) The University shall have power and authority to obtain, by lease or purchase, such equipment, office accommodations, facilities, services and supplies, and to employ such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out the provisions of this act, and to determine the qualifications, duties and compensation of such experts, assistants and other employees.

(d) All other agencies of this State are hereby authorized to assist said University in carrying out the provisions of this act upon written request of the University, in any manner determined by the University to be necessary or appropriate for the effective administration of this act.

Section 8. Agricultural Districts and Communities.

(a) The University shall designate within each County of this State such geographic units, which shall be called "Communities", as it determines to be the most convenient for the administration of this act and of State plans adopted pursuant to this act, and shall establish the boundaries of such communities.

(b) The University may revise the boundaries of such communities, in conformity with the respective standards prescribed herein, at such time or times as it finds that such revision is necessary either to cause such districts or communities, or both, to conform to said standards or to provide for the more substantial or more efficient accomplishment of the purposes of this act.

Section 9. Organization of Producers and Committees.

The University shall establish and define the duties of certain agricultural producers' associations and committees as follows:

(1) The organization within each community of a voluntary association of agricultural producers all of whose members shall be entitled to equal rights.

(2) The organization of a community committee within each community elected by the association membership of said community from their own membership.

(3) The organization of a county board of directors within each county, consisting of the chairman of the community committees within the county, which county board shall elect a chairman and such other officers as may be deemed necessary.

(4) The organization of a County Policy Committee within each county elected by the county board of directors from their own members.

Section 10. State Advisory Board.

(a) The University shall by regulations provide for the selection of six persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience and comprehensive understanding of the agricultural problems of this State, to act as farmer members of a State Advisory Board. Provided, however, that there shall be not less than one nor more than three selected from any one of the counties.

(b) The State Advisory Board, upon the request of the University shall advise with the University with regard to all matters of major importance in carrying out the provisions of this act.

Section 11. Reports:--The University shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this act are being carried out according to their terms. The University shall provide for compliance, on the part of all persons and agencies participating in the administration of any such plan, with such requirements, and may make, or cause to be made, such investigations as it determines to be necessary or proper to assure the correctness of and to make possible the verification of such reports.

Section 12. Current Appropriation:--The sum of fifteen hundred dollars ($1,500.00) is hereby appropriated to be available to said University of Delaware as such State agency in preparing for and in carrying out the purposes of this act during the fiscal year ending June 30, 1938.

Section 13. Provisions for Separability:--Should any provisions, clause, paragraph, section, or parts of this act be held invalid, it is hereby declared to be the legislative intent that the remainder of this act shall be in full force and effect and that the terms thereof are feasible and that the same would have been enacted without such provision, clause, paragraph, section, or parts, had such invalidity been apparent.

Section 14.. Repeal of Inconsistent Legislation:--All laws and parts of laws insofar as they conflict with this act are hereby repealed.

Section 15. Time of Taking Effect:--This act shall take effect upon July 1, 1937.

Approved May 20, 1937.