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Appendix A
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The Civilian Conservation Corps and the National Park Service, 1933-1942: An Administrative History Appendix A |
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SELECTED DRAFT LEGISLATION, LEGISLATION, AND EXECUTIVE ORDERS AFFECTING THE CIVILIAN CONSERVATION CORPS
(Public - No. 5-73d Congress)
(S. 598)
AN ACT
For the relief of unemployment through the performance of useful public work, and for other purposes.
Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That for the purpose of relieving the acute condition of widespread distress and unemployment now existing in the United States, and in order to provide for the restoration of the country's depleted natural resources and the advancement of an orderly program of useful public works, the President is authorized, under such rules and regulations as he may prescribe and by utilizing such existing departments or agencies as he may designate, to provide for employing citizens of the United States who are unemployed, in the construction, maintenance and carrying on of works of a public nature in connection with the forestation of lands belonging to the United States or to the several States which are suitable for timber production, the prevention of forest fires, floods and soil erosion, plant pest and disease control, the construction, maintenance or repair of paths, trails and fire lanes in the national parks and national forests, and such other work on the public domain, national and State, and Government reservations incidental to or necessary in connection with any projects of the character enumerated, as the President may determine to be desirable: Provided, That the President may in his discretion extend the provisions of this Act to lands owned by counties and municipalities and lands in private ownership, but only for the purpose of doing thereon such kinds of cooperative work as are now provided for by Acts of Congress in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary in the public interest to control floods. The President is further authorized, by regulation, to provide for housing the persons so employed and for furnishing them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed, and, in his discretion, to provide for the transportation of such persons to and from the places of employment. That in employing citizens for the purposes of this Act no discrimination shall be made on account of race, color, or creed; and no person under conviction for crime and serving sentence therefor shall be employed under the provisions of this Act. The President is further authorized to allocate funds available for the purposes of this Act, for forest research, including forest products investigations, by the Forest Products Laboratory .
Sec. 2. For the purpose of carrying out the provisions of this Act the President is authorized to enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies, and the President, or the head of any department or agency authorized by him to construct any project or to carry on any such public works, shall be authorized to acquire real property by purchase, donation, condemnation, or otherwise, but the provisions of section 355 of the Revised Statutes shall not apply to any property so acquired.
Sec. 3. Insofar as applicable, the benefits of the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended, shall extend to persons given employment under the provisions of this Act.
Sec. 4. For the purpose of carrying out the provisions of this Act, there is hereby authorized to be expended, under the direction of the President, out of any unobligated moneys heretofore appropriated for public works (except for projects on which actual construction has been commenced or may be commenced within ninety days, and except maintenance funds for river and harbor improvements already allocated), such sums as may be necessary; and an amount equal to the amount so expended is hereby authorized to be appropriated for the same purposes for which such moneys were originally appropriated.
Sec. 5. That the unexpended and unallotted balance of the sum of $300,000,000 made available under the terms and conditions of the Act approved July 21, 1932, entitled "An Act to relieve destitution," and so forth, may be made available, or any portion thereof, to any State or Territory or States or Territories without regard to the limitation of 15 per centum or other limitations as to per centum.
Sec. 6. The authority of the President under this Act shall continue for the period of two years next after the date of the passage hereof and no longer.
Approved March 31st 1933.
U.S. Department of the Interior. A Manual on Emergency Conservation Work Civilian Conservation Corps.
EXECUTIVE ORDER
RELIEF OF UNEMPLOYMENT THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK
By virtue of the authority vested in me by the Act of Congress entitled "An Act for the relief of unemployment through the performance of useful public work, and for other purposes," approved March 31, 1933 (Public No. 5, 73d Congress), it is hereby ordered that:
(1) For the purpose of carrying out the provisions of said Act Robert Fechner is hereby appointed Director of Emergency Conservation Work at an annual rate of compensation of $12,000, less the reduction prescribed in subparagraph (b), Section 2, Title II, of the Act of Congress entitled "An Act to maintain the credit of the United States Government," (Public No. 2, 73d Congress), approved March 20, 1933.
(2) The Secretary of War, the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Labor each shall appoint a representative, and said representatives shall constitute an Advisory Council to the Director of Emergency Conservation Work.
(3) There is hereby established in the Treasury a fund of $10,000,000 by the transfer of an equal amount from the unobligated balances of the appropriation for emergency construction of public buildings contained in the act approved July 21, 1932, as authorized by section 4 of the said act of March 31, 1933, which fund shall be subject to requisition by the said Robert Fechner, as Director of Emergency Conservation Work, on the approval of the President.
(4) Subject to direction by the President, supplies and materials of the several departments or establishments shall be furnished on the requisition of the Director of Emergency Conservation Work, and the departments and establishments furnishing such supplies and materials shall be reimbursed therefor in accordance with instructions of the President.
(5) Reimbursement, if any, to the departments or establishments for other services rendered shall be made in accordance with instructions of the President.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
April 5, 1933.
Draft Bill to Establish the United States Civilian Conservation Corps and for other purposes approved 1936 by Secretary of the Interior (NA, RG 79).
To establish the United States Civilian Conservation Corps and for other purposes.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That there is hereby established the United States Civilian Conservation Corps, hereinafter designated as the Corps, to promote the conservation and husbandry of the natural resources of the United States, its territories, and insular possessions, to continue the employment and vocational training primarily of youthful citizens thereof on works of public interest or utility, and to provide for the general welfare of the United States. The records and property of the Emergency Conservation Work authorized by the Act of March 31, 1933 (48 Stat. 22), shall be transferred to the Corps.
Sec. 2. The enrolled strength of the Corps shall not exceed 300,000 men at any one time, and the President is authorized, under such rules and regulations as he may prescribe and by utilization of such existing departments or agenices as he may designate, to provide for enrolling and employing in the Corps unmarried male citizens of the United States between the ages of seventeen (17) and twenty-three (23), designated as enrollees, who shall receive a cash allowance, to be fixed by the President: Provided, That veterans of the World War and veterans of previous wars may, without regard to age or marital status, be enrolled under supervision and such regulations as may be deemed necessary and desirable, but the number of veterans may not at any time exceed ten per cent (10%) of the total enrollment: Provided further, That the President is authorized by regulation to provide for furnishing, as may be necessary, enrolled men with transportation, quarters and subsistence, or commutation thereof, clothing, medical assistance and hospitalization, during the period they are so employed, and such supplies, equipment, material and facilities as may be necessary for work, instruction, recreation, health and welfare.
Sec. 3. Not to exceed 10,000 Indians in addition to the enrollment authorized in Section 2 hereof, may be enrolled without regard to age or marital status, for work on tribal or other lands within Indian reservations and on adjacent lands when work thereon is required to protect reservation lands. Provided that, notwithstanding any contrary provisions of this or any other Act the employment of Indians in positions authorized in Section 4 hereof shall be in accordance with Section 12 of the Act of June 18, 1934 (45 Stat. 984)
Sec. 4. The President, by and with the advice and consent of the Senate, is authorized to appoint a Director of the Corps who shall receive a salary at the rate of _____________ dollars per annum and in the performance of his duties shall be subject to such rules and regulations as may be promulgated by the President. To accomplish the purposes of this Act, the President is authorized to set up and constitute such agencies as may be deemed necessary or appropriate to assist in carrying out the work of the Corps, and to utilize existing departments or other agencies of the United States, or through cooperative agreements, existing State administrative agencies, or other public or private agencies.
Sec. 5. The Director is authoirized, subject to the Civil Service laws and to the Classification Act of 1925, as amended, to appoint such civilian personnel as he may deem necessary for the efficient and economical discharge of his duties: Provided, That the heads of other Federal Departments or agencies cooperating in the work are authorized within the limit of the allotment of funds made to them to employ in the District of Columbia or elsewhere such additional personnel as they deem necessary in the administration of this Act. Such personnel shall be selected in accordance with the laws and regulations relating to appointments in such departments or agencies: Provided, That employees of the Emergency Conservation Work as heretofore established who shall pass non-competitive tests of fitness prescribed by the Civil Service Commission shall acquire civil service status and may become employees of the Corps, or of the respective cooperating agencies, at the grades and salaries specified in their respective examinations: Provided, further, That for a period not to exceed ______________ from the date of the enactment of this Act employees of the Emergency Conservation Work as heretofore established may be employed in the Corps without regard to Civil Service laws and regulations and the Classification Act. In employing citizens for the purpose of this Act, no discrimination shall be made on account of race, color or creed, and no person under conviction for crime and serving sentence therefor shall be employed. The benefits of the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties and for other purposes", approved September 7, 1916 (39 Stat. 742), as amended, shall extend to persons given employment under the provisions of this Act.
Sec. 6. In order to carry out the purposes of this Act, the Director is authorized to provide for the employment of the Corps and its facilities on works of public interest or utility for the protection, restoration, regeneration, reclamation, development, utilization, maintenance or enjoyment of the lands and natural resources or the products thereof, and fish, wildlife resources, historical and archaeological sites, and recreation or health on lands belonging to the United States, the several States, the Civil divisions thereunder, or on lands in private ownership which contribute to the stabilization of community employment and development, under such rules and regulations as the President may prescribe: Provided, That the Director may utilize such Federal Departments or agencies as the President may designate, which departments or agencies are authorized to conduct necessary studies and to enter into contracts or agreements with the appropriate officials of the various States, and through them, or independently, with public or private agencies therein under such conditions as may be determined to be fair and equitable for the accomplishment of the purposes of this Act: Provided further, That the head of any Federal Department or agency authorized to construct any projects or to carry on any public works provided for by this Act is hereby authorized to construct necessary buildings, and to acquire real property by purchase, donation, condemnation, or otherwise, as may be necessary for the efficient and economical administration of this Act, but the provisions of Sec. 355 of the Revised Statutes shall not apply to any property so acquired.
Sec. 7. Appropriations made to carry out the provisions of this Act shall be available in the District of Columbia and elsewhere for payment for personal services, rent, printing and binding, law books, books of reference, technical journals and periodicals, materials, supplies and equipment, purchase, operation, maintenance and exchange of motor propel led and horse-drawn passenger-carrying vehicles, trucks and equipment and parts or accessories thereof; employment by contract or otherwise of men with vehicles, work animals, boats or other equipment; preparation for shipment, transportation and unpacking of household goods and personal effects of employees transferred from one station to another for permanent duty; claims in amounts of $500 or less on account of damage to private property caused by employees of the United States in performance of the work under the provisions of this Act when settlement is not otherwise provided for by law; expenses, except membership fees, of attendance at meetings of technical and professional societies for the purpose of giving instruction or acquiring information of value to the work of the Corps, subject to prior approval by the Director or the head of the Government agency in which employed; burial expenses of deceased enrolled members of the Corps regardless of the cause of death, such expenses to be allowed in accordance with the regulations of the United States Employees' Compensation Commission applicable to employees killed or dying of injuries received in official work; rewards for information leading to arrest and conviction for theft, damage or destruction of Government property; and all other expenses necessary for the proper conduct, administration and accomplishment of the work authorized by this Act: Provided, That the provisions of Section 3709, Revised Statutes (U.S.C. Title 41, Section 5) shall not apply to any purchase or service when the aggregate amount involved is $100.00 or less: Provided further, That notwithstanding any of the provisions of this Act, funds allocated to Government agencies for obligation under this Act may be expended in accordance with the laws, rules and regulations governing the usual work of such agency and shall be disbursed through the same channels and under the same procedure as expenditures for the usual work of the agency.
Sec. 8. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such sum or sums as are necessary to accomplish the purpose of this Act.
| RECOMMENDED: | _______________________ Acting Representative, Department of the Interior, Advisory Council, ECW. | |
| CONCURRED: | _______________________ Assistant Director, National Park Service. | |
| CONCURRED: | _______________________ Acting Director, Division of Grazing. | |
| CONCURRED: | _______________________ Acting Commissioner, Bureau of Reclamation. | |
| CONCURRED: | _______________________ Acting Commissioner, General Land Office. | |
| CONCURRED: | _______________________ Commissioner, Office of Indian Affairs. | |
| APPROVED: | 1936 | |
| ______________________ Secretary of the Interior. |
U.S. Public Law No. 163-75th Congress
[CHAPTER 383]
AN ACT
To establish a Civilian Conservation Corps, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established the Civilian Conservation Corps, hereinafter called the Corps, for the purpose of providing employment, as well as vocational training, for youthful citizens of the United States who are unemployed and in need of employment, and to a limited extent as hereinafter set out, for war veterans and Indians, through the performance of useful public work in connection with the conservation and development of the natural resources of the United States, its Territories, and insular possessions: Provided, That at least ten hours each week may be devoted to general educational and vocational training: Provided, That the provisions of this Act shall continue for the period of three years after July 1, 1937, and no longer.
Sec. 2. The President, by and with the advice and consent of the Senate, is authorized to appoint a Director at a salary of $10,000 per annum. The Director shall have complete and final authority in the functioning of the Corps, including the allotment of funds to cooperating Federal departments and agencies, subject to such rules and regulations as may be prescribed by the President in accordance with the provisions of this Act.
Sec. 3. In order to carry out the purpose of this Act, the Director is authorized to provide for the employment of the Corps and its facilities on works of public interest or utility for the protection, restoration, regeneration, improvement, development, utilization, maintenance, or enjoyment of the natural resources of lands and waters, and the products thereof, including forests, fish and wildlife on lands or interest in lands (including historical or archeological sites), belonging to, or under the jurisdiction or control of, the United States, its Territories, and insular possessions, and the several States: Provided, That the President may, in his discretion, authorize the Director to undertake projects on lands belonging to or under the jurisdiction or control of counties, and municipalities, and on lands in private ownership, but only for the purpose of doing thereon such kinds of cooperative work as are or may be provided for by Acts of Congress, including the prevention and control of forest fires, forest tree pests and diseases, soil erosion, and floods: Provided further, That no projects shall be undertaken on lands or interests in lands, other than those belonging to or under the jurisdiction or control of the United States, unless adequate provisions are made by the cooperating agencies for the maintenance, operation, and utilization of such projects after completion.
Sec. 4. There are hereby transferred to the Corps all enrolled personnel, records, papers, property, funds, and obligations of the Emergency Conservation Work established under the Act of March 31, 1933 (48 Stat. 22), as amended; and the Corps shall take over the institution of the camp exchange heretofore established and maintained, under supervision of the War Department, in connection with and aiding in administration of Civilian Conservation Corps workcamps conducted under the authority of said Act as amended: Provided, That such camp exchange shall not sell to persons not connected with the operation of the Civilian Conservation Corps.
Sec. 5. The Director and, under his supervision, the heads of other Federal departments or agencies cooperating in the work of the Corps, are authorized within the limit of the allotments of funds therefor, to appoint such civilian personnel as may be deemed necessary for the efficient and economical discharge of the functions of the Corps without regard to the civil-service laws and regulations.
Sec. 6. The President may order Reserve officers of the Army and officers of the Naval and Marine Reserves and warrant officers of the Coast Guard to active duty with the Corps under the provisions of section 37a of the National Defense Act and the Act of February 28, 1925, respectively.
Sec. 7. The Director is authorized to have enrolled not to exceed three hundred thousand men at any one time, of which not more than thirty thousand may be war veterans: Provided, That in addition thereto camps or facilities may be established for not to exceed ten thousand additional Indian enrollees and five thousand additional territorial and insular possession enrollees.
Sec. 8. The enrollees in the Corps (other than war veterans, enrollees in the Territories and insular possessions, Indians, not to exceed one mess steward, three cooks, and one leader per each company) shall be unmarried male citizens of the United States between the ages of seventeen and twenty-three years, both inclusive, and shall at the time of enrollment be unemployed and in need of employment: Provided, That the Director may exclude from enrollment such classes of persons as he may consider detrimental to the well-being or welfare of the Corps, except that no person shall be excluded on account of race, color, or creed: Provided further, That enrollments shall be for a period of not less than six months, and reenrollments (except in the case of one mess steward, three cooks, and one leader, in each company, and War Veterans) shall not exceed a total term of two years: Provided further, That in the discretion of the Director continuous service by the enrollee during his period of enrollment shall not be required in any case where the enrollee attends an educational institution of his choice during his leave of absence: Provided further, That the Director shall be authorized to issue certificates of proficiency and merit to enrollees under such rules and regulations as he may provide.
Sec. 9. The compensation of enrollees shall be in accordance with schedules approved by the President, and enrollees with dependent member or members of their families shall be required, under such regulations as may be prescribed by the Director, to make allotments of pay to such dependents. Other enrollees may make deposits of pay in amounts specified by the Director with the Chief of Finance War Department, to be repaid in case of an emergency or upon completion of or release from enrollment and to receive the balance of their pay in cash monthly: Provided, That Indians may be excluded from these regulations: Provided further, That the pay of enrollees shall not exceed $30 per month, except for not more than ten per centum who may be designated as assistant leaders and who shall receive not more than $36 per month: Provided further, That not to exceed an additional 6 per centum of such enrollees who may be designated as leaders and may receive not more than $45 per month as such leaders.
Sec. 10. Enrollees shall be provided, in addition to the monthly rates of pay, with such quarters, subsistence, and clothing, or commutation in lieu thereof, medical attention, hospitalization, and transportation as the Director may deem necessary: Provided, That burial, embalming, and transportation expenses of deceased enrolled members of the Corps, regardless of the cause and place of death, shall be paid in accordance with regulations of the Employees' Compensation Commission: Provided further, That the provisions of the Act of February 15, 1934 (U.S.C., 1934 ed., title 5, sec. 796), relating to disability or death compensation and benefits shall apply to the enrolled personnel of the Corps.
Sec. 11. The Chief of Finance, War Department, is hereby designated, empowered, and directed, until otherwise ordered by the President, to act as the fiscal agent of the Director in carrying out the provisions of this Act: Provided, That funds allocated to Government agencies for obligation under this Act may be expended in accordance with the laws, rules, and regulations governing the usual work of such agency, except as otherwise stipulated in this Act: Provided further, That in incurring expenditures, the provisions of section 3709, Revised Statutes (U.S.C., 1934 ed., title 41, sec. 5), shall not apply to any purchase or service when the aggregate amount involved does not exceed the sum of $300.
Sec. 12. The President is hereby authorized to utilize the services and facilities of such departments or agencies of the Government as he may deem necessary for carrying out the purposes of this Act.
Sec. 13. The Director and, under his supervision, the cooperating departments and agencies of the Federal Government are authorized to enter into such cooperative agreements with States and civil divisions as may be necessary for the purpose of utilizing the services and facilities thereof.
Sec. 14. The Director may authorize the expenditure of such amounts as he may deem necessary for supplies, materials, and equipment for enrollees to be used in connection with their work, instruction, recreation, health, and welfare, and may also authorize expenditures for the transportation and subsistence of selected applicants for enrollment and of discharged enrollees while en route upon discharge to their homes.
Sec. 15. That personal property as defined in the Act of May 29, 1935 (49 Stat. 311), belonging to the Corps and declared surplus by the Director, shall be disposed of by the Procurement Division, Treasury Department, in accordance with the provisons of said Act: Provided, That unserviceable property in the custody of any department shall be disposed of under the regulations of that Department.
Sec. 16. The Director and, under his supervision, the heads of cooperating departments and agencies are authorized to consider, ascertain, adjust, determine, and pay from the funds appropriated by Congress to carry out the provisions of this Act any claim arising out of operations authorized by the Act accruing after the effective date thereof on account of damage to or loss of property or on account of personal injury to persons not provided for by section 10 of this Act, caused by the negligence of any enrollee or employee of the Corps while acting within the scope of his employment: Provided, That the amount allowed on account of personal injury shall be limited to necessary medical and hospital expenses: Provided further, That this section shall not apply to any claim on account of personal injury for which a remedy is provided by section 10 of this Act: Provided further, That no claim shall be considered hereunder which is in excess of $500, or which is not presented in writing within one year from the date of accrual thereof: Provided further, That acceptance by any claimant of the amount allowed on account of his claim shall be deemed to be in full settlement thereof, and the action of the Director or of the head of a cooperating department or agency upon such claim so accepted by the claimant shall be conclusive.
Sec. 17. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the purpose of carrying out the purposes of this Act: Provided, That no part of any such appropriation shall be used in any way to pay any expense in connection with the conduct, operation, or management of any camp exchange, save and except such camp exchanges as are established and operated, in accordance with regulations to be prescribed by the Director, at such camps as may be designated by him, for real assistance and convenience to enrollees in supplying them and their supervising personnel on duty at any such camp with articles of ordinary use and consumption not furnished by the Government: Provided further, That the person in charge of any such camp exchange shall certify, monthly, that during the preceding calendar month such exchange was operated in compliance therewith.
Sec. 18. This Act, except as otherwise provided, shall take effect July 1, 1937.
Approved, June 28, 1937.
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