TITLE 7

Conservation

Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands

CHAPTER 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT


(a) It is recognized and declared that:

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

(2) 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;

(3) Such 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

(4) The formulation and effectuation by this State of state plans in conformity with § 7 of the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590g] 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 reestablishment, 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 5-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 assents to and accepts the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590a et seq.] 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 § 7 of said act; subject, however, to the limitations that:

(1) The powers conferred in this chapter 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.

41 Del. Laws, c. 175, § 2; 7 Del. C. 1953, § 3701.;

For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:

(1) "Other states of the United States" includes Puerto Rico.

(2) "Person" includes an individual, corporation, partnership, firm, statutory trust, business trust, joint-stock company, association, syndicate, group, pool, joint venture and any other unincorporated association or group.

(3) "University" means the University of Delaware.

41 Del. Laws, c. 175, §§ 3, 4; 7 Del. C. 1953, § 3702; 73 Del. Laws, c. 329, § 42.;

The University shall be the state agency of this State to carry out the policy and purposes of this chapter and to formulate and administer state plans pursuant to the terms of this chapter.

41 Del. Laws, c. 175, § 4; 7 Del. C. 1953, § 3703.;

(a) The University shall formulate for each calendar year and 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 chapter during such calendar year.

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

(c) Each 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 chapter, as the University determines to be necessary or proper for the effective administration of the plan.

(d) Each 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 chapter 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 chapter without depriving such producers of a voluntary and uncoerced choice of action.

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

(f) Each plan shall contain an estimate of expenditures necessary to carry out such plan together with a statement of the amount that 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 § 7 of the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590g], 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 may conduct such investigations as it finds to be necessary for the formulation and administration of such plans. The investigations shall be paid for from federal funds provided for the purposes of this chapter.

41 Del. Laws, c. 175, § 5; 7 Del. C. 1953, § 3704.;

(a) The University may 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 chapter. 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 the 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 has been received, for the purpose of administering this chapter and may be expended by the University in carrying out only such state plans or in otherwise effectuating the purposes and policies of this chapter.

(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 chapter, 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 chapter requested in writing by the University and rendered to the University; reimbursement of any other fund from which it has made expenditures in providing services in the administration of this chapter; payments to agricultural producers provided for in any plan made effective pursuant to this chapter; salaries of employees; and all other expenditures requisite to carrying out this chapter.

(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 this chapter 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 this chapter.

41 Del. Laws, c. 175, § 6; 7 Del. C. 1953, § 3705.;

(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 chapter.

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

(c) The University may obtain, by lease or purchase, such equipment, office accommodations, facilities, services and supplies, and 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 this chapter, and may determine the qualifications, duties and compensation of such experts, assistants and other employees.

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

41 Del. Laws, c. 175, § 7; 7 Del. C. 1953, § 3706.;

(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 chapter and of state plans adopted pursuant to this chapter, 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 a revision is necessary either to cause communities to conform to the standards or to provide for the more substantial or more efficient accomplishment of the purposes of this chapter.

41 Del. Laws, c. 175, § 8; 7 Del. C. 1953, § 3707.;

The University shall establish and define the duties:

(1) Within each community, of a voluntary association of agricultural producers all of whose members shall be entitled to equal rights;

(2) Of a community committee within each community elected by the association membership of said community from their own membership;

(3) Of a county board of directors within each county, consisting of the chairperson of the community committees within the county, which county board shall elect a chairperson and such other officers as are deemed necessary;

(4) Of a county policy committee within each county elected by the county board of directors from their own members.

41 Del. Laws, c. 175, § 9; 7 Del. C. 1953, § 3708; 70 Del. Laws, c. 186, § 1.;

(a) The University shall, by regulations, provide for the selection of 6 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. There shall be not less than 1 nor more than 3 selected from any 1 of the counties.

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

41 Del. Laws, c. 175, § 10; 7 Del. C. 1953, § 3709.;

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 chapter 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.

41 Del. Laws, c. 175, § 11; 7 Del. C. 1953, § 3710.;