A-70004, JANUARY 22, 1936, 15 COMP. GEN. 649

A-70004: Jan 22, 1936

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IS FOR PAYMENT FROM EMERGENCY CONSERVATION WORK FUNDS. 1936: THERE WAS RECEIVED JANUARY 15. REQUEST IS MADE FOR YOUR DECISION ON THE QUESTIONS SET FORTH BELOW IN ORDER THAT I MAY BE LEGALLY GUIDED IN THE ADMINISTRATION OF THE AFFAIRS RELATING TO THE EMERGENCY CONSERVATION WORK WITH WHICH I AM CHARGED UNDER THE PROVISIONS OF THE ACT OF MARCH 31. THERE WAS ENACTED INTO LAW PUBLIC. IN THAT ACT THERE WERE MADE AVAILABLE FOR EXPENDITURE FUNDS PROVIDED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 "/FOR SOIL EROSION). " WHICH APPROPRIATION WAS FOR THAT WORK AND RELATED PROJECTS. THERE WERE LIKEWISE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSES OF THAT SERVICE SUCH SUMS AS CONGRESS MAY FROM TIME TO TIME DETERMINE TO BE NECESSARY.

A-70004, JANUARY 22, 1936, 15 COMP. GEN. 649

CLASSIFICATION AND COMPENSATION - SOIL CONSERVATION SERVICE - AVAILABILITY OF EMERGENCY CONSERVATION WORK FUNDS THE COMPENSATION OF EMPLOYEES ENGAGED IN THE SUPERVISION AND ADMINISTRATION OF SOIL-EROSION-PREVENTION WORK CARRIED ON BY THE CIVILIAN CONSERVATION CORPS UNDER THE DIRECTION OF THE SOIL CONSERVATION SERVICE OF THE DEPARTMENT OF AGRICULTURE, IS FOR PAYMENT FROM EMERGENCY CONSERVATION WORK FUNDS--- LIMITATION (F) CIVILIAN CONSERVATION CORPS--- PROVIDED BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, 49 STAT. 115. PURSUANT TO SECTION 4 (2) OF THE ACT OF APRIL 27, 1935, 49 STAT. 164, BEGINNING WITH DECEMBER 27, 1935, THE COMPENSATION RATES OF SAID PERSONNEL SHOULD BE FIXED AND PAID IN ACCORDANCE WITH THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED, EXCEPT IN THE CASE OF "ANY PERSONS WITH TECHNICAL OR PRACTICAL KNOWLEDGE.'

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, EMERGENCY CONSERVATION WORK, JANUARY 22, 1936:

THERE WAS RECEIVED JANUARY 15, 1936, YOUR UNDATED LETTER, AS FOLLOWS:

UNDER THE PROVISIONS OF SECTION 8 OF THE ACT OF JULY 31, 1894, 28 STAT. 207, REQUEST IS MADE FOR YOUR DECISION ON THE QUESTIONS SET FORTH BELOW IN ORDER THAT I MAY BE LEGALLY GUIDED IN THE ADMINISTRATION OF THE AFFAIRS RELATING TO THE EMERGENCY CONSERVATION WORK WITH WHICH I AM CHARGED UNDER THE PROVISIONS OF THE ACT OF MARCH 31, 1933, 48 STAT. 22, U.S.C. 16: 585, THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, APPROVED APRIL 8, 1935, AND VARIOUS EXECUTIVE ORDERS PROMULGATED THEREUNDER.

UNDER DATE OF APRIL 27, 1935, THERE WAS ENACTED INTO LAW PUBLIC, NO. 46, OF THE 74TH CONGRESS ,AN ACT TO PROVIDE FOR THE PROTECTION OF LAND RESOURCES AGAINST SOIL EROSION, AND FOR OTHER PURPOSES," WHICH HAD FOR ITS OBJECT THE CREATION OF A PERMANENT EXECUTIVE AGENCY TO BE KNOWN AS THE "SOIL CONSERVATION SERVICE IN THE DEPARTMENT OF AGRICULTURE.' IN THAT ACT THERE WERE MADE AVAILABLE FOR EXPENDITURE FUNDS PROVIDED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 "/FOR SOIL EROSION)," WHICH APPROPRIATION WAS FOR THAT WORK AND RELATED PROJECTS, IN THE AMOUNT OF $350,000,000. THERE WERE LIKEWISE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSES OF THAT SERVICE SUCH SUMS AS CONGRESS MAY FROM TIME TO TIME DETERMINE TO BE NECESSARY.

SECTION 4 (2) OF THE ACT OF APRIL 27, 1935, ALSO PROVIDED FOR BLANKETING INTO THE CLASSIFIED CIVIL SERVICE THOSE "EMPLOYEES OF THE ORGANIZATION HERETOFORE ESTABLISHED FOR THE PURPOSE OF ADMINISTERING THOSE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT WHICH RELATE TO THE PREVENTION OF SOIL EROSION," AND FOR THEIR CLASSIFICATION UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED.

AS YOU ARE AWARE THE AGRICULTURE DEPARTMENT AS A COOPERATING AGENCY IN CARRYING OUT THE EMERGENCY CONSERVATION WORK PROGRAM IS ENGAGED IN SOIL EROSION WORK WHICH INVOLVES THE SERVICES OF MEMBERS OF THE CIVILIAN CONSERVATION CORPS, AND IN CONNECTION THEREWITH THERE IS MAINTAINED A FORCE OF CIVILIAN EMERGENCY EMPLOYEES (OTHER THAN ENROLLEES) BOTH IN THE FIELD AND IN THE DISTRICT OF COLUMBIA. THESE EMERGENCY EMPLOYEES HAVE HERETOFORE BEEN PAID FROM FUNDS PROVIDED FOR THE CARRYING OUT OF THE EMERGENCY CONSERVATION WORK PROGRAM.

IN VIEW OF THE ABOVE, YOUR DECISION IS NOW REQUESTED ON THE FOLLOWING QUESTIONS:

FIRST. SINCE THE PASSAGE OF THE ACT OF APRIL 27, 1935, MAY FUNDS FOR THE EMERGENCY CONSERVATION WORK PROGRAM PROVIDED FOR BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 BE USED FOR THE PURPOSE OF PAYING THOSE EXPENSES OF THE SOIL CONSERVATION SERVICE PERTAINING TO EMERGENCY CONSERVATION WORK INCLUDING THE SALARIES OF THE ABOVE MENTIONED EMERGENCY CONSERVATION WORK EMERGENCY EMPLOYEES OF THAT SERVICE BOTH IN THE DISTRICT OF COLUMBIA AND ELSEWHERE?

SECOND. IF EMERGENCY CONSERVATION WORK FUNDS ARE AVAILABLE FOR THE PAYMENT OF SUCH EMERGENCY PERSONNEL OF THE SOIL CONSERVATION SERVICE AS ARE ENGAGED ON EMERGENCY CONSERVATION WORK (AS A PART OF THE COOPERATING WORK OF THE AGRICULTURE DEPARTMENT), ARE SUCH FUNDS AVAILABLE TO PAY SUCH PERSONNEL, WHEN AND IF CLASSIFIED BY THE SECRETARY OF AGRICULTURE, AS PERSONS PROPERLY CLASSIFIED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, OR SHOULD SUCH PERSONNEL BE CONSIDERED AS NOT FALLING WITHIN THE PROVISIONS OF SECTION 4 (2) OF THE ACT OF APRIL 27, 1935, FOR THE PURPOSES OF BEING PAID CLASSIFICATION ACT RATES OF PAY? IN THIS CONNECTION IT IS TO BE NOTED THAT THE CLASSIFICATION OF SOIL CONSERVATION SERVICE EMPLOYEES UNDER THE PROVISIONS OF SECTION 4 OF THE ABOVE-MENTIONED ACT NEED NOT BE MADE EFFECTIVE UNTIL DECEMBER 27, 1935, ON WHICH DATE THE AGRICULTURE DEPARTMENT HAS IN FACT CLASSIFIED ITS EMPLOYEES OF THIS SERVICE, INCLUDING THE EMERGENCY EMPLOYEES ENGAGED ON EMERGENCY CONSERVATION WORK AS ABOVE RELATED.

AS HAVING A BEARING IN THIS CONNECTION THERE IS TRANSMITTED FOR YOUR INFORMATION A COPY OF A COMMUNICATION FROM THE CIVIL SERVICE COMMISSION TO THE DEPARTMENT OF AGRICULTURE UNDER DATE OF NOVEMBER 26, 1935, WITH RESPECT TO THE CLASSIFICATION OF EMPLOYEES OF THE SOIL CONSERVATION SERVICE UNDER THE ACT OF APRIL 27, 1935.

IN VIEW OF THE FACT THAT IT IS MY DESIRE THAT SUCH PERSONNEL SHALL NOT SUFFER ANY MORE DELAY IN RECEIVING THEIR PROPER COMPENSATION THAN IS ABSOLUTELY NECESSARY, IT IS REQUESTED THAT YOU EXPEDITE YOUR DECISION IN THE PREMISES.

SECTIONS 4 (2) AND 5 OF THE ACT OF APRIL 27, 1935, 49 STAT. 164, PROVIDE AS FOLLOWS:

SEC. 4. FOR THE PURPOSES OF THIS ACT, THE SECRETARY OF AGRICULTURE MAY--

(2) SUBJECT TO THE PROVISIONS OF THE CIVIL-SERVICE LAWS AND THE CLASSIFICATION ACT OF 1923, AS AMENDED, APPOINT AND FIX THE COMPENSATION OF SUCH OFFICERS AND EMPLOYEES AS HE MAY DEEM NECESSARY, EXCEPT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FROM THE DATE OF THIS ENACTMENT, THE SECRETARY OF AGRICULTURE MAY MAKE APPOINTMENTS AND MAY CONTINUE EMPLOYEES OF THE ORGANIZATION HERETOFORE ESTABLISHED FOR THE PURPOSE OF ADMINISTERING THOSE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT WHICH RELATE TO THE PREVENTION OF SOIL EROSION, WITHOUT REGARD TO THE CIVIL-SERVICE LAWS OR REGULATIONS AND THE CLASSIFICATION ACT, AS AMENDED; AND ANY PERSONS WITH TECHNICAL OR PRACTICAL KNOWLEDGE MAY BE EMPLOYED AND COMPENSATED UNDER THIS ACT ON A BASIS TO BE DETERMINED BY THE CIVIL SERVICE COMMISSION;

SEC. 5. THE SECRETARY OF AGRICULTURE SHALL ESTABLISH AN AGENCY TO BE KNOWN AS THE "SOIL CONSERVATION SERVICE," TO EXERCISE THE POWERS CONFERRED ON HIM BY THIS ACT AND MAY UTILIZE THE ORGANIZATION HERETOFORE ESTABLISHED FOR THE PURPOSE OF ADMINISTERING THOSE PROVISIONS OF SECTIONS 202 AND 203 OF THE NATIONAL INDUSTRIAL RECOVERY ACT WHICH RELATE TO THE PREVENTION OF SOIL EROSION, TOGETHER WITH SUCH PERSONNEL THEREOF AS THE SECRETARY OF AGRICULTURE MAY DETERMINE, AND ALL UNEXPENDED BALANCES OF FUNDS HERETOFORE ALLOTTED TO SAID ORGANIZATION SHALL BE AVAILABLE UNTIL JUNE 30, 1937, AND THE SECRETARY OF AGRICULTURE SHALL ASSUME ALL OBLIGATIONS INCURRED BY SAID ORGANIZATION PRIOR TO TRANSFER TO THE DEPARTMENT OF AGRICULTURE. FUNDS PROVIDED IN H.J.RES. 7,"AN ACT MAKING APPROPRIATION FOR RELIEF PURPOSES" (FOR SOIL EROSION) SHALL BE AVAILABLE FOR EXPENDITURE UNDER THE PROVISIONS OF THIS ACT; AND IN ORDER THAT THERE MAY BE PROPER COORDINATION OF EROSION -CONTROL ACTIVITIES THE SECRETARY OF AGRICULTURE MAY TRANSFER TO THE AGENCY CREATED UNDER THIS ACT SUCH FUNCTIONS, FUNDS, PERSONNEL, AND PROPERTY OF OTHER AGENCIES IN THE DEPARTMENT OF AGRICULTURE AS HE MAY FROM TIME TO TIME DETERMINE.

THE ACT OF MARCH 31, 1933, 48 STAT. 22, AUTHORIZED THE PRESIDENT, "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 WORK OF A PUBLIC NATURE IN CONNECTION WITH," AMONG OTHER THINGS, PREVENTION OF SOIL EROSION. PURSUANT TO SAID ACT, THE PRESIDENT, BY EXECUTIVE ORDER NO. 6101 OF APRIL 5, 1933, APPOINTED A DIRECTOR OF EMERGENCY CONSERVATION WORK AND PROVIDED FOR THE CREATION OF AN ADVISORY COUNCIL TO CONSIST OF REPRESENTATIVES TO BE APPOINTED (ONE EACH) BY THE SECRETARY OF WAR, THE SECRETARY OF AGRICULTURE, THE SECRETARY OF THE INTERIOR, AND THE SECRETARY OF LABOR, RESPECTIVELY. BY VIRTUE OF THE SAME ACT, THERE WAS ISSUED ON MAY 8, 1933, EXECUTIVE ORDER NO. 6126, CONTAINING A PROVISION AS FOLLOWS:

(4) CIVILIAN AND MILITARY PERSONNEL NOW IN THE SERVICE OF THE UNITED STATES WILL BE UTILIZED TO THE GREATEST EXTENT POSSIBLE; BUT WHERE ABSOLUTELY NECESSARY TO THE PROPER CONDUCT OF THE WORK OF THE EMERGENCY CONSERVATION CORPS THE DIRECTOR AND THE SECRETARIES OF WAR, INTERIOR, AGRICULTURE, AND LABOR ARE HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED WITHIN THE LIMITS 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 CONNECTION WITH THE CONSERVATION WORK, WITHOUT REGARD TO THE REQUIREMENTS OF THE CIVIL-SERVICE LAWS AND REGULATIONS AND THE PERSONNEL CLASSIFICATION ACT OF 1923, AS AMENDED. THE RATES OF COMPENSATION WILL BE FIXED BY THE DIRECTOR AND THE HEADS OF THE DEPARTMENTS CONCERNED SUBJECT TO THE APPROVAL OF THE PRESIDENT, AND SUBJECT TO THE REDUCTION PRESCRIBED IN THE ACT APPROVED MARCH 20, 1933 (PUBLIC, NO. 2, 73D CONG.), AND PAYMENT FOR ALL SUCH CIVILIAN SERVICES AND THE PAY AND ALLOWANCES OF RESERVE OFFICERS OF THE ARMY, INCLUDING THEIR TRAVEL ALLOWANCES AUTHORIZED BY LAW, CALLED TO ACTIVE DUTY FOR SERVICE IN CONNECTION WITH THE CONSERVATION WORK, SHALL BE MADE FROM THE EMERGENCY CONSERVATION FUND. * * *

UNDER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT OF JUNE 16, 1933, 48 STAT. 200, THERE WAS CREATED THE OFFICE OF FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS, AND SUCH ADMINISTRATOR WAS AUTHORIZED, UNDER THE DIRECTION OF THE PRESIDENT, TO "PREPARE A COMPREHENSIVE PROGRAM OF PUBLIC WORKS, WHICH SHALL INCLUDE AMONG OTHER THINGS," CONSERVATION OF NATURAL RESOURCES, INCLUDING PREVENTION OF SOIL EROSION.

THE DEFICIENCY APPROPRIATION ACT OF JUNE 16, 1933, 48 STAT. 274, 275, PROVIDED AN APPROPRIATION TO BE EXPENDED IN THE DISCRETION AND UNDER THE DIRECTION OF THE PRESIDENT, TO CARRY INTO EFFECT THE PROVISIONS OF BOTH THE ACT OF MARCH 31, 1933, SUPRA, AND THE NATIONAL INDUSTRIAL RECOVERY ACT. ADDITIONAL FUNDS TO CARRY OUT THE PROVISIONS OF SAID ACTS WERE APPROPRIATED IN THE ACT OF JUNE 19, 1934, 48 STAT. 1055.

THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, APPROVED APRIL 8, 1935, 49 STAT. 115, PROVIDED THAT OF THE FUNDS THEREIN APPROPRIATED, NOT TO EXCEED $600,000,000 SHOULD BE AVAILABLE FOR THE CIVILIAN CONSERVATION CORPS, AND NOT TO EXCEED $350,000,000 SHOULD BE AVAILABLE FOR, AMONG OTHER THINGS, PREVENTION OF SOIL EROSION. SECTION 14 OF SAID ACT, 49 STAT. 119, CONTINUED TO AND INCLUDING MARCH 31, 1937, THE AUTHORITY OF THE PRESIDENT UNDER THE ACT OF MARCH 31, 1933, SUPRA. THE TERM "CIVILIAN CONSERVATION CORPS" AS USED IN THE ACT OF APRIL 8, 1935, SUPRA, WAS DEFINED IN SECTION 3 OF THE ACT OF AUGUST 12, 1935, 49 STAT. 596, AS "EMBRACING EMERGENCY CONSERVATION WORK OF THE CHARACTER CARRIED ON PRIOR TO APRIL 1, 1935, UNDER AUTHORITY OF THE ACT OF MARCH 31, 1933, AS AMENDED.'

IT THUS APPEARS THAT NOT ONLY SINCE APRIL 8, 1935, BUT PRIOR THERETO, SOIL-EROSION-PREVENTION WORK WAS CARRIED ON UNDER THE PROVISIONS OF THE ACT OF MARCH 31, 1933, IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS CAMPS AND ALSO UNDER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT OF JUNE 16, 1933, INDEPENDENTLY OF THE CIVILIAN CONSERVATION CORPS CAMPS. PRIOR TO MARCH 25, 1935, SUCH SOIL-EROSION WORK UNDER THE PROVISIONS OF THE ACT OF MARCH 31, 1933, WAS CARRIED ON UNDER THE DIRECTION OF THE SOIL EROSION SERVICE, DEPARTMENT OF THE INTERIOR, THE PERSONNEL ENGAGED IN DIRECTING OR SUPERVISING SUCH WORK BEING PAID FROM EMERGENCY CONSERVATION FUNDS ON THE BASIS OF MONTHLY ALLOTMENTS APPROVED BY THE DIRECTOR OF EMERGENCY CONSERVATION WORK ON REQUEST THEREFOR SUBMITTED BY THE SOIL EROSION SERVICE, AND THE SOIL-EROSION WORK UNDER THE PROVISIONS OF THE ACT OF JUNE 16, 1933, WAS CARRIED ON UNDER ALLOTMENTS OR ALLOCATIONS MADE BY THE FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS TO THE DEPARTMENT OF THE INTERIOR, SOIL EROSION SERVICE, FOR THAT PURPOSE.

UNDER AN ORDER APPROVED BY THE PRESIDENT, MARCH 25, THE FUNDS, PERSONNEL, ETC., OF THE SOIL EROSION SERVICE WERE TRANSFERRED FROM THE DEPARTMENT OF THE INTERIOR TO THE DEPARTMENT OF AGRICULTURE. HENCE, AT THE TIME OF THE ENACTMENT OF THE ACT OF APRIL 27, 1935, THE OFFICERS AND EMPLOYEES ENGAGED IN DIRECTING OR SUPERVISING THE SOIL-EROSION WORK OF SUCH OF THE CIVILIAN CONSERVATION CORPS CAMPS AS WERE ENGAGED THEREON WERE OFFICERS OR EMPLOYEES OF THE SOIL EROSION SERVICE OF THE DEPARTMENT OF AGRICULTURE AND THEIR COMPENSATION WAS BEING PAID UNDER MONTHLY ALLOTMENTS APPROVED BY THE DIRECTOR OF EMERGENCY CONSERVATION WORK FROM FUNDS MADE AVAILABLE UNDER THE ACT OF APRIL 8, 1935, UNDER LIMITATION (F), CIVILIAN CONSERVATION CORPS. UNDER THE PROVISIONS OF SECTION 5 OF THE ACT OF APRIL 27, 1935, SAID EMPLOYEES BECAME EMPLOYEES OF THE SOIL CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE, AND UNDER THE PROVISIONS OF SECTION 4 (2) OF SAID ACT THE COMPENSATION OF ALL SUCH EMPLOYEES BEGINNING DECEMBER 27, 1935, IS FOR PAYMENT IN ACCORDANCE WITH THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED, AND NOT OTHERWISE--- EXCEPT AS PROVIDED IN SAID SECTION IN THE CASE OF "ANY PERSONS WITH TECHNICAL OR PRACTICAL KNOWLEDGE.'

AS TO THE FUND AVAILABLE FOR THE PAYMENT OF SUCH COMPENSATION, IT IS TO BE NOTED THAT THE EMPLOYEES HERE IN QUESTION WERE EMPLOYED FOR WORK IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS CAMPS UNDER AUTHORITY OF THE ACT OF MARCH 31, 1933; AND THEY WERE EITHER EMPLOYED BY THE SECRETARY OF THE INTERIOR AND TRANSFERRED TO THE DEPARTMENT OF AGRICULTURE, OR EMPLOYED BY THE SECRETARY OF AGRICULTURE. AS HEREINBEFORE SHOWN, THE EXECUTIVE ORDER OF MAY 8, 1933, REQUIRED THAT PERSONS SO EMPLOYED BE PAID FROM EMERGENCY CONSERVATION FUNDS. SUCH EMPLOYEES WERE SO PAID PRIOR TO APRIL 1, 1935, AND SECTION 3 OF THE ACT OF AUGUST 12, 1935, HEREINBEFORE REFERRED TO, REQUIRES THAT THE TERM "CIVILIAN CONSERVATION CORPS" AS USED IN SECTION 1 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, BE CONSTRUED AS EMBRACING EMERGENCY CONSERVATION WORK OF THE CLASS CARRIED ON PRIOR TO APRIL 1, 1935, UNDER AUTHORITY OF THE ACT OF MARCH 31, 1933. THEREFORE, IT MUST BE HELD THAT THE AUTHORIZED COMPENSATION OF SUCH EMPLOYEES, THAT IS, COMPENSATION IN ACCORDANCE WITH THE CLASSIFICATION ACT, AS AMENDED, IS FOR PAYMENT FROM EMERGENCY CONSERVATION WORK FUNDS, LIMITATION (F), CIVILIAN CONSERVATION CORPS, AND NOT OTHERWISE. THE PROVISION IN SECTION 5 OF THE ACT OF APRIL 27, 1935, TO THE EFFECT THAT FUNDS PROVIDED UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 "/FOR SOIL EROSION) SHALL BE AVAILABLE FOR EXPENDITURE UNDER THE PROVISIONS OF" THE SAID ACT OF APRIL 27, 1935, IS NOT IN CONFLICT WITH THIS VIEW BECAUSE, AS HEREINABOVE SHOWN, THE FUNDS PROVIDED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, FOR CIVILIAN CONSERVATION CORPS WERE PROVIDED FOR SOIL EROSION, AMONG OTHER THINGS.