-CITE-

16 USC CHAPTER 18 - WATERSHED PROTECTION AND FLOOD

PREVENTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

.

-HEAD-

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-MISC1-

Sec.

1001. Declaration of policy.

1002. Definitions

1003. Assistance to local organizations.

1003a. Cost share assistance.

(a) Easements.

(b) Amount.

1004. Conditions for Federal assistance.

1005. Works of improvement.

(1) Engineering and other services; reimbursement;

advances.

(2) Federal construction; request by local

organization.

(3) Transmission of certain plans to Congress.

(4) Transmission of certain plans and recommendations

to Congress.

(5) Rules and regulations.

1006. Cooperative programs.

1006a. Loans or advancements for financing local share of costs;

repayment; interest; maximum amount.

1006b. Territorial application.

1007. Authorization of appropriations.

1008. Notification of Secretary of the Interior of approval of

assistance; surveys and investigations; report and

recommendations; consideration; cost of surveys, investigations

and reports.

1009. Joint investigations and surveys by Secretary of the Army and

Secretary of Agriculture; reports to Congress.

1010. Data.

1011. Watershed restoration and enhancement agreements.

(a) In general.

(b) Direct and indirect watershed agreements.

(c) Terms and conditions.

1012. Rehabilitation of structural measures near, at, or past their

evaluated life expectancy.

(a) Definitions.

(b) Cost share assistance for rehabilitation.

(c) Technical assistance for watershed project

rehabilitation.

(d) Prohibited use.

(e) Application for rehabilitation assistance.

(f) Ranking of requests for rehabilitation

assistance.

(g) Prohibition on certain rehabilitation assistance.

(h) Funding.

(i) Assessment of rehabilitation needs.

(j) Recordkeeping and reports.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to section 460l-17 of this title; title

22 section 277d-29; title 30 section 1265; title 33 sections 1288,

2298, 2311; title 40 section 14507.

-CITE-

16 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1001. Declaration of policy

-STATUTE-

Erosion, floodwater, and sediment damages in the watersheds of

the rivers and streams of the United States, causing loss of life

and damage to property, constitute a menace to the national

welfare; and it is the sense of Congress that the Federal

Government should cooperate with States and their political

subdivisions, soil or water conservation districts, flood

prevention or control districts, and other local public agencies

for the purpose of preventing such damages, of furthering the

conservation, development, utilization, and disposal of water, and

the conservation and utilization of land and thereby of preserving,

protecting, and improving the Nation's land and water resources and

the quality of the environment.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 1, 68 Stat. 666; Pub. L. 92-419, title

II, Sec. 201(a), Aug. 30, 1972, 86 Stat. 667.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-419 expanded the declaration of policy to

include conservation and utilization of land, improvement of land

and water resources, and quality of the environment.

SHORT TITLE

Section 11 of act Aug. 4, 1954, as renumbered by act Aug. 7,

1956, ch. 1027, Sec. 1(g), 70 Stat. 1088, provided that: ''This Act

(enacting this chapter, amending section 701b of Title 33,

Navigation and Navigable Waters, and enacting provisions set out as

notes under this section and section 701b of Title 33) may be cited

as the 'Watershed Protection and Flood Prevention Act'.''

WATERSHED PROTECTION AND FLOOD PREVENTION PROJECTS EXEMPT FROM

REQUIREMENTS FOR INDEPENDENT WATER PROJECT REVIEW

For exemption of projects under this chapter from independent

water project review requirements of Ex. Ords. No. 12113 and 12141,

see Pub. L. 96-528, title VI, Sec. 622, Dec. 15, 1980, 94 Stat.

3118, set out as a note under section 1962 of Title 42, The Public

Health and Welfare.

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Section 2 of act Aug. 7, 1956, ch. 1027, 70 Stat. 1090, provided

that sections 1006a and 1006b of this title and the amendments made

by act Aug. 7, 1956 to sections 1002 to 1005 of this title should

be applicable to all works of improvement and plans for such works

under the provisions of this chapter and that any plans for works

of improvement with respect to which the Secretary of Agriculture

was authorized prior to Aug. 7, 1956 to participate in the

installation of works of improvement in accordance with such plan,

or any plan for works of improvement which had received prior to

Aug. 7, 1956 the approval of congressional committees, need not be

submitted to the congressional committees as required by this

chapter.

-CITE-

16 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1002. Definitions

-STATUTE-

For the purposes of this chapter, the following terms shall mean:

The ''Secretary'' - the Secretary of Agriculture of the United

States.

''Works of improvement'' - any undertaking for -

(1) flood prevention (including structural and land treatment

measures),

(2) the conservation, development, utilization, and disposal of

water, or

(3) the conservation and proper utilization of land,

in watershed or subwatershed area not exceeding two hundred and

fifty thousand acres and not including any single structure which

provides more than twelve thousand five hundred acre-feet of

floodwater detention capacity, and more than twenty-five thousand

acre-feet of total capacity. No appropriation shall be made for

any plan involving an estimated Federal contribution to

construction costs in excess of $5,000,000, or which includes any

structure which provides more than twenty-five hundred acre-feet of

total capacity unless such plan has been approved by resolutions

adopted by the appropriate committees of the Senate and House of

Representatives: Provided, That in the case of any plan involving

no single structure providing more than 4,000 acre-feet of total

capacity the appropriate committees shall be the Committee on

Agriculture, Nutrition, and Forestry of the Senate and the

Committee on Agriculture of the House of Representatives and in the

case of any plan involving any single structure of more than 4,000

acre-feet of total capacity the appropriate committees shall be the

Committee on Environment and Public Works of the Senate and the

Committee on Public Works and Transportation of the House of

Representatives, respectively. Each project must contain benefits

directly related to agriculture, including rural communities, that

account for at least 20 percent of the total benefits of the

project. A number of such subwatersheds when they are component

parts of a larger watershed may be planned together when the local

sponsoring organizations so desire.

''Local organization'' - any State, political subdivision

thereof, soil or water conservation district, flood prevention or

control district, or combinations thereof, or any other agency

having authority under State law to carry out, maintain and operate

the works of improvement; or any irrigation or reservoir company,

water users' association, or similar organization having such

authority and not being operated for profit that may be approved by

the Secretary; or any Indian tribe or tribal organization, as

defined in section 450b of title 25, having authority under

Federal, State, or Indian tribal law to carry out, maintain, and

operate the works of improvement.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 2, 68 Stat. 666; Aug. 7, 1956, ch.

1027, Sec. 1(a), 70 Stat. 1088; Pub. L. 87-170, Aug. 30, 1961, 75

Stat. 408; Pub. L. 89-337, Nov. 8, 1965, 79 Stat. 1300; Pub. L.

92-419, title II, Sec. 201(b), Aug. 30, 1972, 86 Stat. 667; Pub. L.

95-113, title XV, Sec. 1506(a), Sept. 29, 1977, 91 Stat. 1022; Pub.

L. 97-98, title XV, Sec. 1512(a), (b), Dec. 22, 1981, 95 Stat.

1332, 1333; Pub. L. 99-662, title IX, Sec. 929, Nov. 17, 1986, 100

Stat. 4196; Pub. L. 101-624, title XIV, Sec. 1461, Nov. 28, 1990,

104 Stat. 3615; Pub. L. 103-437, Sec. 6(v), Nov. 2, 1994, 108 Stat.

4587.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 in closing provisions of par. defining

''Works of improvement'' substituted ''Committee on Agriculture,

Nutrition, and Forestry'' for ''Committee on Agriculture and

Forestry'' and ''Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the

House'' for ''Committee on Public Works of the Senate and the

Committee on Public Works of the House''.

1990 - Pub. L. 101-624, which directed amendment of third

sentence by substituting ''Each project'' for ''Each such project

submitted to the Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the

House of Representatives after July 1, 1987,'' and inserting '',

including rural communities,'' after ''agriculture'', was executed

to third sentence of par. defining ''Works of improvement'' to

reflect the probable intent of Congress.

1986 - Pub. L. 99-662 inserted in definition of ''Works of

improvement'' provision requiring that projects submitted after

July 1, 1987, contain benefits directly related to agriculture

accounting for at least 20 percent of the total benefits of the

project.

1981 - Pub. L. 97-98 substituted ''$5,000,000'' for

''$1,000,000'' in definition of ''Works of improvement'' and

expanded definition of ''Local organization'' to include any Indian

tribe or tribal organization having authority under Federal, State,

or Indian tribal law to carry out, maintain, and operate works of

improvement.

1977 - Pub. L. 95-113 substituted ''$1,000,000'' for

''$250,000''.

1972 - Pub. L. 92-419 defined ''Works of improvement'' to include

any undertaking for the conservation and proper utilization of

land.

1965 - Pub. L. 89-337 substituted ''more than twelve thousand

five hundred acre-feet of floodwater detention capacity'' for

''more than five thousand acre-feet of floodwater detention

capacity''.

1961 - Pub. L. 87-170 included irrigation or reservoir companies,

water users' associations and similar organizations not operated

for profit in the definition of local organization.

1956 - Act Aug. 7, 1956, struck out provisions which limited

works of improvement to agriculture phases of conservation,

development, utilization, and disposal of water, increased the

limits of total capacity of any single structure from 5,000

acre-feet to 25,000 acre-feet, exclude single structures which

provide more than 5,000 acre-feet of floodwater detention capacity,

required approval of plans involving an estimated Federal

contribution to construction costs of more than $250,000, and

specified the Congressional committees that must approve the plans

where structures are under and over 4,000 acre-feet of total

capacity.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out in the Appendix to Title 5,

Government Organization and Employees. Office of Federal Inspector

for the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15, Commerce and Trade.

-MISC5-

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Amendment by act Aug. 7, 1956, as applicable to all works of

improvements and plans for such works under the provisions of this

chapter, see Extension of Benefits note set out under section 1001

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1006a of this title.

-CITE-

16 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1003. Assistance to local organizations

-STATUTE-

In order to assist local organizations in preparing and carrying

out plans for works of improvement, the Secretary is authorized,

upon application of local organizations if such application has

been submitted to, and not disapproved within 45 days by, the State

agency having supervisory responsibility over programs provided for

in this chapter, or by the Governor if there is no State agency

having such responsibility -

(1) to conduct such investigations and surveys as may be

necessary to prepare plans for works of improvement;

(2) to prepare plans and estimates required for adequate

engineering evaluation;

(3) to make allocations of costs to the various purposes to

show the basis of such allocations and to determine whether

benefits exceed costs;

(4) to cooperate and enter into agreements with and to furnish

financial and other assistance to local organizations: Provided,

That, for the land-treatment measures, the Federal assistance

shall not exceed the rate of assistance for similar practices

under existing national programs;

(5) to obtain the cooperation and assistance of other Federal

agencies in carrying out the purposes of this section;

(6) to enter into agreements with landowners, operators, and

occupiers, individually or collectively, based on conservation

plans of such landowners, operators, and occupiers which are

developed in cooperation with and approved by the soil and water

conservation district in which the land described in the

agreement is situated, to be carried out on such land during a

period of not to exceed ten years, providing for changes in

cropping systems and land uses and for the installation of soil

and water conservation practices and measures needed to conserve

and develop the soil, water, woodland, wildlife, energy, and

recreation resources of and enhance the water quality of lands

within the area included in plans for works of improvement, as

provided for in such plans, including watershed or subwatershed

work plans in connection with the eleven watershed improvement

programs authorized by section 13 of the Act of December 22, 1944

(58 Stat. 887), as amended and supplemented. Applications for

assistance in developing such conservation plans shall be made in

writing to the soil and water conservation district involved, and

the proposed agreement shall be reviewed by such district. In

return for such agreements by landowners, operators, and

occupiers the Secretary shall agree to share the costs of

carrying out those practices and measures set forth in the

agreement for which he determines that cost sharing is

appropriate and in the public interest. The portion of such

costs, including labor, to be shared shall be that part which the

Secretary determines is appropriate and in the public interest

for the carrying out of the practices and measures set forth in

the agreement, except that the Federal assistance shall not

exceed the rate of assistance for similar practices and measures

under existing national programs. The Secretary may terminate

any agreement with a landowner, operator, or occupier by mutual

agreement if the Secretary determines that such termination would

be in the public interest, and may agree to such modifications of

agreements, previously entered into hereunder, as he deems

desirable to carry out the purposes of this paragraph or to

facilitate the practical administration of the agreements

provided for herein. Notwithstanding any other provision of law,

the Secretary, to the extent he deems it desirable to carry out

the purposes of this paragraph, may provide in any agreement

hereunder for (1) preservation for a period not to exceed the

period covered by the agreement and an equal period thereafter of

the cropland, crop acreage, and allotment history applicable to

land covered by the agreement for the purpose of any Federal

program under which such history is used as a basis for an

allotment or other limitation on the production of any crop; or

(2) surrender of any such history and allotments.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 3, 68 Stat. 666; Aug. 7, 1956, ch.

1027, Sec. 1(b), 70 Stat. 1088; Pub. L. 92-419, title II, Sec.

201(c), Aug. 30, 1972, 86 Stat. 667; Pub. L. 97-98, title XV, Sec.

1512(c), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 101-624, title XIV,

Sec. 1464, Nov. 28, 1990, 104 Stat. 3616.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Act of December 22, 1944 (58 Stat. 887), as

amended and supplemented, referred to in par. (6), is section 13 of

act Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified

to the Code.

-MISC2-

AMENDMENTS

1990 - Par. (6). Pub. L. 101-624 inserted ''and enhance the water

quality of'' after ''recreation resources of''.

1981 - Par. (6). Pub. L. 97-98 inserted reference to energy in

the enumeration of the various aspects of lands to be conserved and

developed within areas included under plans for works of

improvement.

1972 - Par. (6). Pub. L. 92-419 added par. (6).

1956 - Pars. (2) to (6). Act Aug. 7, 1956, substituted in par.

(2) provisions authorizing the Secretary to prepare plans and

estimates required for adequate engineering evaluation for

provisions which authorized the Secretary to make studies for

physical and economic soundness of plans for works of improvement,

added par. (3), and redesignated former pars. (3) and (4) as (4)

and (5), respectively.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-MISC5-

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Amendment by act Aug. 7, 1956, as applicable to all works of

improvement and plans for such works under the provisions of this

chapter, see Extension of Benefits note set out under section 1001

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1007, 1008, 3811, 3821 of

this title.

-CITE-

16 USC Sec. 1003a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1003a. Cost share assistance

-STATUTE-

(a) Easements

The Secretary may provide cost share assistance to project

sponsors to enable such sponsors to acquire perpetual wetland or

floodplain conservation easements to perpetuate, restore and

enhance the natural capability of wetlands and floodplains to

retain excessive floodwaters, improve water quality and quantity,

and provide habitat for fish and wildlife.

(b) Amount

The Secretary shall require that project sponsors of watershed

projects provide up to 50 percent of the cost of acquiring

easements under subsection (a) of this section.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 3A, as added Pub. L. 101-624, title

XIV, Sec. 1462, Nov. 28, 1990, 104 Stat. 3615.)

-CITE-

16 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1004. Conditions for Federal assistance

-STATUTE-

The Secretary shall require as a condition to providing Federal

assistance for the installation of works of improvement that local

organizations shall -

(1) acquire, or with respect to interests in land to be

acquired by condemnation provide assurances satisfactory to the

Secretary that they will acquire, without cost to the Federal

Government from funds appropriated for the purposes of this

chapter, such land, easements, or rights-of-way as will be needed

in connection with works of improvement installed with Federal

assistance: Provided, That when a local organization agrees to

operate and maintain any reservoir or other area included in a

plan for public fish and wildlife or recreational development,

the Secretary shall be authorized to bear not to exceed one-half

of the costs of (a) the land, easements, or rights-of-way

acquired or to be acquired by the local organization for such

reservoir or other area, and (b) minimum basic facilities needed

for public health and safety, access to, and use of such

reservoir or other area for such purposes: Provided further, That

the Secretary shall be authorized to participate in recreational

development in any watershed project only to the extent that the

need therefor is demonstrated in accordance with standards

established by him, taking into account the anticipated man-days

of use of the projected recreational development and giving

consideration to the availability within the region of existing

water-based outdoor recreational developments: Provided further,

That the Secretary shall be authorized to participate in not more

than one recreational development in a watershed project

containing less than seventy-five thousand acres, or two such

developments in a project containing between seventy-five

thousand and one hundred and fifty thousand acres, or three such

developments in projects exceeding one hundred and fifty thousand

acres: Provided further, That when the Secretary and a local

organization have agreed that the immediate acquisition by the

local organization of land, easements, or rights-of-way is

advisable for the preservation of sites for works of improvement

included in a plan from encroachment by residential, commercial,

industrial, or other development, the Secretary shall be

authorized to advance to the local organization from funds

appropriated for construction of works of improvement the amounts

required for the acquisition of such land, easements or

rights-of-way; and, except where such costs are to be borne by

the Secretary, such advance shall be repaid by the local

organization, with interest, prior to construction of the works

of improvement, for credit to such construction funds: Provided

further, That the Secretary shall be authorized to bear an amount

not to exceed one-half of the costs of the land, easements, or

rights-of-way acquired or to be acquired by the local

organization for mitigation of fish and wildlife habitat losses,

and that such acquisition is not limited to the confines of the

watershed project boundaries;

(2) assume (A) such proportionate share, as is determined by

the Secretary to be equitable in consideration of national needs

and assistance authorized for similar purposes under other

Federal programs, of the costs of installing any works of

improvement, involving Federal assistance (excluding engineering

costs), which is applicable to the agricultural phases of the

conservation, development, utilization, and disposal of water or

for fish and wildlife development, recreational development,

ground water recharge, water quality management, or the

conservation and proper utilization of land: Provided, That works

of improvement for water quality management shall consist

primarily of water storage capacity in reservoirs for regulation

of streamflow, except that any such storage and water releases

shall not be provided as a substitute for adequate treatment or

other methods of controlling waste at the source, and shall be

consistent with standards and regulations adopted by the Water

Resources Council on Federal cost sharing for water quality

management, and (B) all of the cost of installing any portion of

such works applicable to other purposes except that any part of

the construction cost (including engineering costs) applicable to

flood prevention and features relating thereto shall be borne by

the Federal Government and paid for by the Secretary out of funds

appropriated for the purposes of this chapter: Provided, That, in

addition to and without limitation on the authority of the

Secretary to make loans or advancements under section 1006a of

this title, the Secretary may pay for any storage of water for

present or anticipated future demands or needs for municipal or

industrial water included in any reservoir structure constructed

or modified under the provisions of this chapter as hereinafter

provided: Provided further, That the cost of water storage to

meet future demands may not exceed 30 per centum of the total

estimated cost of such reservoir structure and the local

organization shall give reasonable assurances, and there is

evidence, that such demands for the use of such storage will be

made within a period of time which will permit repayment within

the life of the reservoir structure of the cost of such storage:

Provided further, That the Secretary shall determine prior to

initiation of construction or modification of any reservoir

structure including such water supply storage that there are

adequate assurances by the local organization or by an agency of

the State having authority to give such assurances, that the

Secretary will be reimbursed the cost of water supply storage for

anticipated future demands, and that the local organization will

pay not less than 50 per centum of the cost of storage for

present water supply demands: And provided further, That the cost

to be borne by the local organization for anticipated future

demands may be repaid within the life of the reservoir structure

but in no event to exceed fifty years after the reservoir

structure is first used for the storage of water for anticipated

future water supply demands, except that (1) no reimbursement of

the cost of such water supply storage for anticipated future

demands need be made until such supply is first used, and (2) no

interest shall be charged on the cost of such water-supply

storage for anticipated future demands until such supply is first

used, but in no case shall the interest-free period exceed ten

years. The interest rate used for purposes of computing the

interest on the unpaid balance shall be determined in accordance

with the provisions of section 1006a of this title.

(3) make arrangements satisfactory to the Secretary for

defraying costs of operating and maintaining such works of

improvement, in accordance with regulations presented by the

Secretary of Agriculture;

(4) acquire, or provide assurance that landowners or water

users have acquired, such water rights, pursuant to State law, as

may be needed in the installation and operation of the work of

improvement;

(5) obtain agreements to carry out recommended soil

conservation measures and proper farm plans from owners of not

less than 50 per centum of the land situated in the drainage area

above each retention reservoir to be installed with Federal

assistance; and

(6) submit a plan of repayment satisfactory to the Secretary

for any loan or advancement made under the provisions of section

1006a of this title.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 4, 68 Stat. 667; Aug. 7, 1956, ch.

1027, Sec. 1(c)-(e), 70 Stat. 1088; Pub. L. 85-865, Sec. 1, Sept.

2, 1958, 72 Stat. 1605; Pub. L. 86-545, June 29, 1960, 74 Stat.

254; Pub. L. 87-703, title I, Sec. 103, 104, Sept. 27, 1962, 76

Stat. 608, 609; Pub. L. 92-419, title II, Sec. 201(d)-(f), Aug. 30,

1972, 86 Stat. 668; Pub. L. 97-98, title XV, Sec. 1512(d), Dec. 22,

1981, 95 Stat. 1333.)

-MISC1-

AMENDMENTS

1981 - Par. (1). Pub. L. 97-98 inserted proviso authorizing the

Secretary to bear an amount not to exceed one-half of the costs of

the land, easements, or rights-of-way acquired or to be acquired by

the local organization for mitigation of fish and wildlife habitat

losses and directing that such acquisitions are not limited to the

confines of the watershed project boundaries.

1972 - Par. (1). Pub. L. 92-419, Sec. 201(d), inserted ''from

funds appropriated for the purposes of this chapter'' after

''without cost to the Federal Government''.

Par. (2)(A). Pub. L. 92-419, Sec. 201(e), substituted ''fish and

wildlife development, recreational development, ground water

recharge, water quality management, or the conservation and proper

utilization of land'', for ''fish and wildlife or recreational

development'' and inserted water quality management proviso.

Par. (2)(B). Pub. L. 92-419, Sec. 201(f), in revising text and

making changes in phraseology, authorized payment for water storage

for present demands, inserted at end of first proviso ''as

hereinafter provided'', substituted provisions respecting

Secretary's determination of adequate assurances by the local

agency or by an agency of the State having authority to give such

assurances that the Secretary will be reimbursed the cost of water

supply storage for anticipated future demands, and that the local

organization will pay not less than 50 per centum of the cost of

storage for present water supply demands, for provisions respecting

the giving of reasonable assurances by the local organization of

repayment of cost of such water supply storage for anticipated

future demands, and substituted permissive provisions for repayment

of cost for anticipated future demands within life of the reservoir

structure for former mandatory provisions.

1962 - Par. (1). Pub. L. 87-703, Sec. 103(1), inserted provisos

respecting cost sharing, participation, number of recreational

developments and advances of funds.

Par. (2)(A). Pub. L. 87-703, Sec. 103(2), substituted ''national

needs and assistance authorized for similar purposes under other

Federal programs'' for ''the direct identifiable benefits'' and

inserted ''(excluding engineering costs)'' after ''Federal

assistance'' and ''or recreational'' before ''development''.

Par. (2)(B). Pub. L. 87-703, Sec. 104, inserted provisos

respecting water storage payments and limitation on amount of such

payments, repayment agreements and period of time for repayment and

provisions for commencement of repayment, interest-free period and

rate of interest.

1960 - Par. (1). Pub. L. 86-545 inserted provisions requiring

local organizations to provide assurances with respect to interests

in land to be acquired by condemnation.

1958 - Par. (2)(A). Pub. L. 85-865 inserted ''or for fish and

wildlife development'' after ''and disposal of water''.

1956 - Par. (2). Act Aug. 7, 1956, Sec. 1(c), required local

organizations to assume a proportionate share of costs applicable

to agricultural water management in consideration of the direct

identifiable benefits, and all the costs of works applicable to

other purposes, and provided that the Federal Government shall bear

the entire construction costs for flood prevention.

Par. (4). Act Aug. 7, 1956, Sec. 1(d), inserted ''or water

users'' after ''landowners''.

Par. (6). Act Aug. 7, 1956, Sec. 1(e), added par. (6).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-865 provided that: ''The Secretary of

Agriculture shall not furnish or agree to furnish financial

assistance to local organizations for the institution of works of

improvement for fish and wildlife development pursuant to the

authority of this Act (amending this section) prior to July 1,

1958.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-MISC5-

PUBLIC ACCESS TO WATER IMPOUNDMENTS

Pub. L. 99-662, title IX, Sec. 930, Nov. 17, 1986, 100 Stat.

4196, provided that: ''The Secretary of Agriculture, acting through

the Administrator of the Soil Conservation Service, shall study and

report to the appropriate committees of the Senate and the House of

Representatives by April 1, 1988, on the feasibility, the

desirability, and the public interest involved in requiring that

public access be provided to any or all water impoundments that

have recreation-related potential and that were authorized pursuant

to the Watershed Protection and Flood Protection Act (68 Stat. 666;

16 U.S.C. 1001 et seq.).''

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Amendment by act Aug. 7, 1956, as applicable to all works of

improvement and plans for such works under the provisions of this

chapter, see Extension of Benefits note set out under section 1001

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1005 of this title.

-CITE-

16 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1005. Works of improvement

-STATUTE-

(1) Engineering and other services; reimbursement; advances

At such time as the Secretary and the interested local

organization have agreed on a plan for works of improvement, and

the Secretary has determined that the benefits exceed the costs,

and the local organization has met the requirements for

participation in carrying out the works of improvement as set forth

in section 1004 of this title, the local organization may secure

engineering and other services, including the design, preparation

of contracts and specifications, awarding of contracts, and

supervision of construction, in connection with such works of

improvement, by retaining or employing a professional engineer or

engineers satisfactory to the Secretary or may request the

Secretary to provide such services: Provided, That if the local

organization elects to employ a professional engineer or engineers,

the Secretary shall reimburse the local organization for the costs

of such engineering and other services secured by the local

organization as are properly chargeable to such works of

improvement in an amount not to exceed the amount agreed upon in

the plan for works of improvement or any modification thereof:

Provided further, That the Secretary may advance such amounts as

may be necessary to pay for such services, but such advances with

respect to any works of improvement shall not exceed 5 per centum

of the estimated installation cost of such works.

(2) Federal construction; request by local organization

Except as to the installation of works of improvement on Federal

lands, the Secretary shall not construct or enter into any contract

for the construction of any structure: Provided, That, if requested

to do so by the local organization, the Secretary may enter into

contracts for the construction of structures.

(3) Transmission of certain plans to Congress

Whenever the estimated Federal contribution to the construction

costs of works of improvement in the plan for any watershed or

subwatershed area shall exceed $5,000,000 or the works of

improvement include any structure having a total capacity in excess

of twenty-five hundred acre-feet, the Secretary shall transmit a

copy of the plan and the justification therefor to the Congress

through the President.

(4) Transmission of certain plans and recommendations to Congress

Any plans for works of improvement involving an estimated Federal

contribution to construction costs in excess of $5,000,000 or

including any structure having a total capacity in excess of

twenty-five hundred acre-feet (a) which includes works of

improvement for reclamation or irrigation, or which affects public

or other lands or wildlife under the jurisdiction of the Secretary

of the Interior, (b) which includes Federal assistance for

goodwater (FOOTNOTE 1) detention structures, (c) which includes

features which may affect the public health, or (d) which includes

measures for control or abatement of water pollution, shall be

submitted to the Secretary of the Interior, the Secretary of the

Army, the Secretary of Health and Human Services, or the

Administrator of the Environmental Protection Agency, respectively,

for his views and recommendations at least thirty days prior to

transmission of the plan to the Congress through the President. The

views and recommendations of the Secretary of the Interior, the

Secretary of the Army, the Secretary of Health and Human Services,

and the Administrator of the Environmental Protection Agency, if

received by the Secretary prior to the expiration of the above

thirty-day period, shall accompany the plan transmitted by the

Secretary to the Congress through the President.

(FOOTNOTE 1) So in original. Probably should be ''floodwater''.

(5) Rules and regulations

Prior to any Federal participation in the works of improvement

under this chapter, the President shall issue such rules and

regulations as he deems necessary or desirable to carry out the

purposes of this chapter, and to assure the coordination of the

work authorized under this chapter and related work of other

agencies, including the Department of the Interior and the

Department of the Army.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 5, 68 Stat. 667; July 19, 1956, ch.

639, 70 Stat. 580; Aug. 7, 1956, ch. 1027, Sec. 1(f), 70 Stat.

1089; Pub. L. 87-703, title I, Sec. 105, Sept. 27, 1962, 76 Stat.

609; Pub. L. 90-361, June 27, 1968, 82 Stat. 250; Pub. L. 92-419,

title II, Sec. 201(g), Aug. 30, 1972, 86 Stat. 669; Pub. L. 95-113,

title XV, Sec. 1506(b), (c), Sept. 29, 1977, 91 Stat. 1022; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.

97-98, title XV, Sec. 1512(e), (f), Dec. 22, 1981, 95 Stat. 1333.)

-MISC1-

AMENDMENTS

1981 - Subd. (3). Pub. L. 97-98, Sec. 1512(e), substituted

''$5,000,000'' for ''$1,000,000''.

Subd. (4). Pub. L. 97-98, Sec. 1512(f), substituted

''$5,000,000'' for ''$1,000,000''.

1977 - Subd. (3). Pub. L. 95-113, Sec. 1506(b), substituted

''$1,000,000'' for ''$250,000''.

Subd. (4). Pub. L. 95-113, Sec. 1506(c), substituted

''$1,000,000'' for ''$250,000''.

1972 - Subd. (4). Pub. L. 92-419 substituted in item (a) ''works

of improvement for reclamation or irrigation'' for ''reclamation or

irrigation works'', in item (b) ''goodwater'' for ''floodwater'',

added items (c) and (d), required submission of plans to Secretary

of Health, Education, and Welfare, or the Administrator of the

Environmental Protection Agency and transmittal of views and

recommendations of such officials to the Congress.

1968 - Subd. (2). Pub. L. 90-361 inserted proviso authorizing the

Secretary to enter into contracts for the construction of

structures if requested to do so by the local organization.

1962 - Subd. (1). Pub. L. 87-703 designated existing provisions

as subd. (1); substituted ''local organization may secure'' for

''local organization with such assistance as it may request from

the Secretary, which assistance the Secretary is authorized to

give, shall secure'' and ''by retaining or employing a professional

engineer or engineers satisfactory to the Secretary or may request

the Secretary to provide such services'' for ''and in order to

properly carry out such services in such projects as to such

structures therein providing for municipal or industrial water

supplies, the local organization shall, and in such projects not

providing for municipal or industrial water supplies, the local

organization may, retain or employ a professional engineer or

engineers satisfactory to the Secretary''; struck out '', except

that if the local organization decides not to retain or employ a

professional engineer or if the Secretary determines that competent

engineering services are not available he may contract for a

competent engineer to provide such services or arrange for

employees of the Federal Government to provide such services''

after ''chargeable to such works of improvement''; provided for

reimbursement for other services; and required the reimbursement

not to exceed the amount agreed upon in the plan for works of

improvement or any modification thereof.

Subd. (2). Pub. L. 87-703 designated existing provisions as subd.

(2), and struck out ''unless there is no local organization

authorized by State law to undertake such construction or to enter

into such contract, and in no event after July 1, 1956: Provided,

That in participating in the installation of such works of

improvement the Secretary, as far as practicable and consistent

with his responsibilities for administering the overall national

agricultural program, shall utilize the authority conferred upon

him by the provisions of this chapter'' after ''structure''.

Subds. (3) to (5). Pub. L. 87-703 designated existing provisions

as subds. (3) to (5) and made phraseological changes.

1956 - Act Aug. 7, 1956, required local organization to secure

engineering and other services and to employ engineers, except in

projects not providing for municipal or industrial water supplies,

when the local organization may or may not employ engineers,

provided for reimbursement of costs of engineers, authorized the

Secretary to contract for engineers or to utilize engineers

employed by the Federal Government when local organizations do not

employ any, permitted advances, required transmittal of plans when

Federal contributions to construction costs are more than $250,000

or the works include any structures with more than 2,500 acre-feet

of total capacity, eliminated provisions which required transmittal

45 days prior to commencement of installation, and reduced the

period for submission of plans to the Secretaries of the Interior

and the Army from 60 days to 30 days prior to transmittal to

Congress.

Act July 19, 1956, substituted ''fifteen'' for ''forty-five''.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in par. (4)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-MISC5-

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Amendment by act Aug. 7, 1956, as applicable to all works of

improvement and plans for such works under the provisions of this

chapter, see Extension of Benefits note set out under section 1001

of this title.

-EXEC-

EX. ORD. NO. 10584. RULES AND REGULATIONS RELATING TO

ADMINISTRATION

Ex. Ord. No. 10584, Dec. 18, 1954, 19 F.R. 8725, as amended by

Ex. Ord. No. 10913, Jan. 18, 1961, 26 F.R. 510, provided:

Section 1. Scope of order. This order shall apply (a) to the

planning, construction, operation, and maintenance of all works of

improvement under the authority of the Watershed Protection and

Flood Prevention Act (Public Law 566, as approved August 4, 1954,

as amended; U.S.C. 1001 et seq.) (this chapter), hereinafter

referred to as the Act, and (b) to other programs and projects of

the Department of Agriculture, and to programs and projects of the

Department of the Interior, the Department of the Army, and other

Federal agencies to the extent that such programs or projects

affect, or are affected significantly by, works of improvement

provided for in the Act.

Sec. 2. General administration. The Secretary of Agriculture

shall have the following-described responsibilities under the Act

(this chapter):

(a) Approval or disapproval of applications for Federal

assistance in preparing plans for works of improvement, and the

assignment of priorities for the provision of such assistance.

(b) Establishing criteria for the formulation and justification

of plans for works of improvement and criteria for the sharing of

the cost of both structural and land-treatment measures which

conform with the provisions of the Act and with policies

established by or at the direction of the President for watershed

protection, flood prevention, irrigation, drainage, water supply,

and related water-resources development purposes.

(c) Establishing engineering and economic standards and

objectives, including standards as to degrees of flood protection,

for works of improvement planned and carried out under the

authority of the Act.

(d) Determination and definition of (1) those land-treatment

measures and structural improvements for flood prevention and

measures for the agricultural phases of conservation, development,

use and disposal of water or for fish and wildlife development

which are eligible for assistance under the Act and (2) the nature

and extent of such assistance and the conditions under which such

assistance shall be rendered.

(e) Planning and installing works of improvement on lands under

his jurisdiction, and arranging for the participation of other

Federal agencies in the planning and installation of works of

improvement on lands under their jurisdiction. Recommendations of

the heads of other Federal agencies for necessary works of

improvement on lands under their jurisdiction shall be submitted as

an integral part of the plans of the Department of Agriculture for

works of improvement. Arrangements for construction, operation,

and maintenance of works of improvement on such lands shall be

mutually satisfactory to the Secretary of Agriculture and the head

of the Federal agency concerned.

(f) Submitting plans for works of improvement to the State

Governor or Governors concerned and to the Federal agencies

concerned for review and comment when the Secretary and the

interested local organization have agreed on such plans; and, when

and as required by the Act, submitting such plans to the Secretary

of the Interior and the Secretary of the Army for their review and

comment prior to transmission of the plans to the Congress through

the President.

(g) Giving full consideration to the recommendations concerning

the conservation and development of fish and wildlife resources

contained in any report of the Secretary of the Interior which is

submitted to him, in accordance with section 12 of the Act (section

1008 of this title) and section 5 of this order, prior to the time

he and the local organization have agreed on a plan for works of

improvement, and including in the plan such works of improvement

for fish and wildlife purposes recommended in the report as are

acceptable to him and the local organization.

(h) Holding public hearings at suitable times and places when he

determines that such action will further the purposes of the Act.

Sec. 3. Notification. (a) The Secretary of Agriculture shall:

(1) Notify in writing the State Governor or Governors concerned,

the Secretary of the Interior, the Secretary of the Army, and other

Federal agencies concerned of his decision to initiate any survey

or field investigation involving water-resources development work,

and furnish them with appropriate information regarding the scope,

nature, status, and results of such survey or investigation.

(2) Notify the following, severally, in writing of all approvals

or disapprovals of applications for planning assistance: the

sponsoring organization, the State Governor or Governors concerned,

the Secretary of the Interior, the Secretary of the Army, and other

Federal agencies concerned.

(b) The Secretary of the Interior shall notify in writing the

State Governor or Governors concerned, the Secretary of

Agriculture, the Secretary of the Army, and other Federal agencies

concerned of his decision to initiate any survey or field

investigation involving water-resources development work, and

furnish them with appropriate information regarding the scope,

nature, status, and results of such survey or investigation.

(c) The Secretary of the Army shall notify in writing the State

Governor or Governors concerned, the Secretary of Agriculture, the

Secretary of the Interior, and other Federal agencies concerned of

his decision to initiate any survey or field investigation

involving water-resources development work, and furnish them with

appropriate information regarding the scope, nature, status, and

results of such survey or investigation.

Sec. 4. Coordination. In order to assure the coordination of work

authorized under the Act (this chapter) and the related work of

other agencies, so that the proper use, conservation, and

development of water and related land resources through Federal

programs and financial assistance may be achieved in the most

orderly, economical, and effective manner.

(a) The Secretary of Agriculture, before authorizing planning

assistance in response to an application from a local organization

for assistance under the Act (this chapter) shall:

(1) When an application applies to a watershed located in one of

the seventeen western reclamation States or Hawaii and it appears

that a major objective is the agricultural phases of the

conservation, development, utilization, and disposal of water for

irrigation purposes, request the views of the Secretary of the

Interior concerning the feasibility of achieving equivalent

irrigation benefits by means of works of improvement constructed

pursuant to the Reclamation Act of June 17, 1902 (43 U.S.C. 391),

and acts amendatory or supplementary thereto, or by means of

assistance furnished pursuant to the Small Reclamation Projects Act

of 1956, as amended (43 U.S.C. 422a-422k) (43 U.S.C. 422a to

422k-1), and authorize planning assistance under the Act only after

carefully considering whether works of improvement under the Act

would be a more appropriate method of achieving that objective.

(2) When it appears that a major objective of an application is

the reduction of flood damages in urban areas (as defined in the

most recent census), request the views of the Secretary of the Army

concerning the feasibility of achieving equivalent urban flood

protection benefits by means of works of improvement constructed

pursuant to the Flood Control Act of March 1, 1917 (39 Stat. 948),

the Flood Control Act of May 15, 1928 (45 Stat. 534), the Flood

Control Act of June 22, 1936 (49 Stat. 1570), or acts amendatory or

supplementary thereto, and authorize planning assistance under the

Act only after carefully considering whether works of improvement

under the Act would be a more appropriate method of achieving that

objective.

(3) When an application applies to a watershed located in the

Tennessee River drainage basin, request the views of the Board of

Directors of the Tennessee Valley Authority concerning the

feasibility of achieving the objectives of the application by means

of works of improvement for flood control or watershed protection

constructed under the Tennessee Valley Authority Act of 1933, as

amended (16 U.S.C. 831 et seq.), and authorize planning assistance

under the Act only after carefully considering whether works of

improvement under the Act would be a more appropriate method of

achieving such objectives; and when such planning assistance is

authorized, consult with the Tennessee Valley Authority throughout

all phases of project development concerning the relationship of

works of improvement under the Act to the unified development and

regulation of the Tennessee River system.

(b) The Secretary of the Interior shall, prior to undertaking any

survey or field investigation under the Reclamation Act of June 17,

1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto,

or prior to initiating investigations after receipt of a Notice of

Intent to apply for a loan under the Small Reclamation Projects Act

of 1956, as amended (43 U.S.C. 422a-422k) (43 U.S.C. 422a to

422k-1), relating to works of improvements wholly within a

watershed or subwatershed area of not more than 250,000 acres,

request the views of the Secretary of Agriculture concerning the

feasibility of achieving the major objectives of the project

proposal by means of Federal assistance furnished pursuant to the

Act (this chapter), and submit a report on such a survey or field

investigation or approve such application for assistance only after

carefully considering whether works of improvement under his

authorities would be a more appropriate method of achieving such

objectives.

(c) The Secretary of the Army shall, prior to undertaking any

survey or field investigation pursuant to the Flood Control Act of

March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15, 1928

(45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat.

1570), and acts amendatory or supplementary thereto, relating to

works of improvement wholly within a watershed or subwatershed area

of not more than 250,000 acres, request the views of the Secretary

of Agriculture concerning the feasibility of achieving the major

objectives of the project proposal by means of Federal assistance

furnished pursuant to the Act (this chapter), and submit a report

on such survey or field investigation only after carefully

considering whether works of improvement under his authorities

would be a more appropriate method of achieving such objectives.

(d) The Board of Directors of the Tennessee Valley Authority

shall, prior to undertaking any survey or field investigation under

the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C.

831 et seq.), relating to works of improvement for flood control or

watershed protection to be installed wholly within a watershed or

subwatershed area of not more than 250,000 acres, request the views

of the Secretary of Agriculture concerning the feasibility of

achieving the major objectives of the works of improvement for

flood control or watershed protections by means of works of

improvement constructed under the Act (this chapter), and proceed

with such survey or investigation only after carefully considering

whether works of improvement under the Tennessee Valley Authority

Act would be a more appropriate method of achieving such

objectives.

(e) Whenever the foregoing provisions of this section require an

agency head to request the views of another agency head, such

request shall be effected prior to the making of any commitment to

local interests, and local interests shall be informed at the

outset of negotiations that any plan resulting therefrom is subject

to coordination as required by this section.

(f) When any agency having responsibilities for water resources

development is considering the initiation of surveys or field

investigations in a watershed or subwatershed area of not more than

250,000 acres and it appears that the purposes to be served by the

project under investigation could more advantageously be met by

means of a combination of works of improvement under the statutory

authority available to that and other agencies, the appropriate

agency head shall consider with the other agency heads concerned

and the cooperating local interests the feasibility of preparing a

jointly developed plan for coordinated action under available

statutory authority.

Sec. 5. Fish and wildlife development. Upon receipt of the

notice required by section 12 of the Act (section 1008 of this

title) and section 3(a)(1) of this order, the Secretary of the

Interior, as he desires, may make surveys and investigations and

prepare a report with recommendations concerning the conservation

and development of fish and wildlife resources and participate,

under arrangements satisfactory to the Secretary of Agriculture, in

the preparation of a plan for works of improvement which will be

acceptable to the local organization and the Secretary of

Agriculture.

Sec. 6. Relationship to comprehensive development. (a) The

Secretary of Agriculture shall submit plans for installation of

works of improvement under the Act (this chapter) to the Congress

through the President only if the Secretary is satisfied that such

works constitute needed and harmonious elements in the

comprehensive development of the river subbasin or river basin

involved.

(b) Federal agencies having responsibilities for water resource

developments shall, in the design and justification of works of

improvement, take cognizance of all upstream and downstream works

in place and in operation, or soon to be brought into operation.

The guiding principle shall be to adjust the nature, capacity, and

operating characteristics of works of improvement in a manner that

(1) reflects the respective contributions of upstream and

downstream works to flood protection and to the conservation,

development, use, and disposal of water, and (2) provides the best

use and control of water resources at minimum cost. Whenever

approximately equivalent benefits can be obtained from alternative

works of improvement, or combinations of improvements, with

approximately the same cost the alternative or combination lease

costly to the Federal Government shall be given preferential

consideration. In case benefits are produced jointly by more than

one work of improvement, or in case complementary relationships

exist between the projects and plans of the several agencies, the

benefits claimed in justification of a system of improvements shall

not include any duplication or compounding of benefits.

Sec. 7. Basic data. In the utilization of existing basic

physical and economic data, and in the acquisition of additional

basic data required for planning, design, construction, operation

and evaluation of works of improvement authorized under the Act

(this chapter), the Department of Agriculture shall be assisted by

the principal basic-data collection agencies, including the

Geological Survey in the Department of the Interior and the Weather

Bureau (now the National Weather Service) in the Department of

Commerce. The basic-data collection agencies shall assist and

cooperate with the Department of Agriculture with respect to the

following:

(a) Provision of pertinent information in the preliminary

planning of works of improvement.

(b) Collaboration in planning programs of hydrologic-data

collection in project areas, in the selection of station sites and

installation of equipment for collecting hydrologic data, and in

the collection of such data.

(c) Collaboration in the analysis and interpretation of

hydrologic data collected specifically for projects initiated under

the Act, and of relevant data which may contribute to an analysis

of the effects of such projects. Dwight D. Eisenhower.

EX. ORD. NO. 10654. DELEGATION OF FUNCTIONS TO DIRECTOR OF BUREAU

OF THE BUDGET

Ex. Ord. No. 10654, Jan. 20, 1956, 21 F.R. 511, provided:

The functions vested in the President by the third proviso of

section 5 of the Watershed Protection and Flood Prevention Act (68

Stat. 667) (this section), relating to the transmittal to the

Congress of copies of plans for certain works of improvement and

the justifications therefor, are hereby delegated to the Director

of the Bureau of the Budget. Dwight D. Eisenhower.

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget, referred to in

Ex. Ord. No. 10654, transferred to President by section 101 of

Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84

Stat. 2085, set out in the Appendix to Title 5, Government

Organization and Employees. Section 102 of Reorg. Plan No. 2 of

1970 redesignated Bureau of the Budget as Office of Management and

Budget and Director of Bureau of the Budget as Director of Office

of Management and Budget.

-CITE-

16 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1006. Cooperative programs

-STATUTE-

The Secretary is authorized in cooperation with other Federal and

with States and local agencies to make investigations and surveys

of the watershed of rivers and other waterways as a basis for the

development of coordinated programs. In areas where the programs

of the Secretary of Agriculture may affect public or other lands

under the jurisdiction of the Secretary of the Interior, the

Secretary of the Interior is authorized to cooperate with the

Secretary of Agriculture in the planning and development of works

or programs for such lands.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 6, 68 Stat. 668.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 1265.

-CITE-

16 USC Sec. 1006a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1006a. Loans or advancements for financing local share of

costs; repayment; interest; maximum amount

-STATUTE-

The Secretary is authorized to make loans or advancements (a) to

local organizations to finance the local share of costs of carrying

out works of improvement provided for in this chapter, and (b) to

State and local agencies to finance the local share of costs of

carrying out works of improvement (as defined in section 1002 of

this title) in connection with the eleven watershed improvement

programs authorized by section 13 of the Act of December 22, 1944

(58 Stat. 887), as amended and supplemented: Provided, That the

works of improvement in connection with said eleven watershed

improvement programs shall be integral parts of watershed or

subwatershed work plans agreed upon by the Secretary of Agriculture

and the concerned State and local agencies. A loan or advance

under this section shall be made under a contract or agreement that

provides, under such terms and conditions as the Secretary

considers appropriate, for the repayment of the loan or advance in

not more than 50 years from the date when the principal benefits of

the works of improvement first become available, with interest at a

rate not to exceed the current market yield for outstanding

municipal obligations with remaining periods to maturity comparable

to the average maturity for the loan, adjusted to the nearest 1/8

of 1 percent. With respect to any single plan for works of

improvement, the amount of any such loan or advancement shall not

exceed $10,000,000.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 8, as added Aug. 7, 1956, ch. 1027,

Sec. 1(g), 70 Stat. 1090; amended Pub. L. 86-468, Sec. 1, May 13,

1960, 74 Stat. 131; Pub. L. 95-113, title XV, Sec. 1508, Sept. 29,

1977, 91 Stat. 1022; Pub. L. 104-127, title VII, Sec. 791(b), Apr.

4, 1996, 110 Stat. 1151.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Act of December 22, 1944 (58 Stat. 887), as

amended and supplemented, referred to in text, is section 13 of act

Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified to

the Code.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-127 added second sentence and struck out

former second sentence which read as follows: ''Such loans or

advancements shall be made under contracts or agreements which will

provide, under such terms and conditions as the Secretary deems

appropriate, for the repayment thereof in not more than fifty years

from the date when the principal benefits of the works of

improvement first become available, with interest at the average

rate, as determined by the Secretary of the Treasury, payable by

the Treasury upon its marketable public obligations outstanding at

the beginning of the fiscal year in which the loan or advancement

is made, which are neither due nor callable for redemption for

fifteen years from date of issue.''

1977 - Pub. L. 95-113 substituted ''$10,000,000'' for ''five

million dollars'' as the maximum amount of a loan or advancement

for any single plan for works of improvement.

1960 - Pub. L. 86-468 authorized the Secretary to make loans or

advancements to state and local agencies to finance the local share

of costs of carrying out works of improvement in connection with

the 11 watershed improvement programs authorized by section 13 of

the act of Dec. 22, 1944.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

Title 7, Agriculture.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-MISC5-

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Section as applicable to all works of improvement and plans for

such works under the provisions of this chapter, see Extension of

Benefits note set out under section 1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1004, 1007, 3811, 3821 of

this title.

-CITE-

16 USC Sec. 1006b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1006b. Territorial application

-STATUTE-

The provisions of this chapter shall be applicable to Hawaii,

Alaska, Puerto Rico, and the Virgin Islands.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 9, as added Aug. 7, 1956, ch. 1027,

Sec. 1(g), 70 Stat. 1090.)

-MISC1-

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956

Section as applicable to all works of improvement and plans for

such works under the provisions of this chapter, see Extension of

Benefits note set out under section 1001 of this title.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding former section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding former section 491 of Title 48.

-CITE-

16 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1007. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of this chapter, such sums

to remain available until expended. No appropriation hereafter

available for assisting local organizations in preparing and

carrying out plans for works of improvement under the provisions of

section 1003 of this title or clause (a) of section 1006a of this

title shall be available for any works of improvement pursuant to

this chapter or otherwise in connection with the eleven watershed

improvement programs authorized by section 13 of the Act of

December 22, 1944 (58 Stat. 887), as amended and supplemented, or

for making loans or advancements to State and local agencies as

authorized by clause (b) of section 1006a of this title.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 10, formerly Sec. 8, 68 Stat. 668;

renumbered Sec. 10, Aug. 7, 1956, ch. 1027, Sec. 1(g), 70 Stat.

1090; amended Pub. L. 86-468, Sec. 3, May 13, 1960, 74 Stat. 132.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Act of December 22, 1944 (58 Stat. 887), as

amended and supplemented, referred to in text, is section 13 of act

Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified to

the Code.

-MISC2-

AMENDMENTS

1960 - Pub. L. 86-468 prohibited appropriations available for

assisting local organizations in preparing and carrying out plans

for works of improvement under sections 1003 and 1006a(a) of this

title from being used for works of improvement in connection with

the 11 watershed improvement programs authorized by section 13 of

the act of Dec. 22, 1944, or for making loans or advancements to

state and local agencies as authorized by section 1006a(b) of this

title.

-CITE-

16 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1008. Notification of Secretary of the Interior of approval of

assistance; surveys and investigations; report and

recommendations; consideration; cost of surveys, investigations

and reports

-STATUTE-

When the Secretary approves the furnishing of assistance to a

local organization in preparing a plan for works of improvement as

provided for in section 1003 of this title:

(1) The Secretary shall so notify the Secretary of the Interior

in order that the latter, as he desires, may make surveys and

investigations and prepare a report with recommendations concerning

the conservation and development of wildlife resources and

participate, under arrangements satisfactory to the Secretary of

Agriculture, in the preparation of a plan for works of improvement

that is acceptable to the local organization and the Secretary of

Agriculture.

(2) Full consideration shall be given to the recommendations

contained in any such report of the Secretary of the Interior as he

may submit to the Secretary of Agriculture prior to the time the

local organization and the Secretary of Agriculture have agreed on

a plan for works of improvement. The plan shall include such of

the technically and economically feasible works of improvement for

wildlife purposes recommended in the report by the Secretary of the

Interior as are acceptable to, and agreed to by, the local

organization and the Secretary of Agriculture, and such report of

the Secretary of the Interior shall, if requested by the Secretary

of the Interior, accompany the plan for works of improvement when

it is submitted to the Secretary of Agriculture for approval or

transmitted to the Congress through the President.

(3) The cost of making surveys and investigations and of

preparing reports concerning the conservation and development of

wildlife resources shall be borne by the Secretary of the Interior

out of funds appropriated to his Department.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 12, as added Pub. L. 85-624, Sec. 3,

Aug. 12, 1958, 72 Stat. 567.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of Agriculture under this chapter to

Federal Inspector, Office of Federal Inspector for Alaska Natural

Gas Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1002 of this title.

-CITE-

16 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1009. Joint investigations and surveys by Secretary of the

Army and Secretary of Agriculture; reports to Congress

-STATUTE-

The Secretary of the Army and the Secretary of Agriculture, when

authorized to do so by resolutions adopted by the Committee on

Environment and Public Works of the Senate or the Committee on

Public Works and Transportation of the House of Representatives,

are authorized and directed to make joint investigations and

surveys in accordance with their existing authorities of watershed

areas in the United States, Puerto Rico, and the Virgin Islands,

and to prepare joint reports on such investigations and surveys

setting forth their recommendations for the installation of the

works of improvement needed for flood prevention or the

conservation, development, utilization, and disposal of water, and

for flood control and allied purposes. Such joint reports shall be

submitted to the Congress through the President for adoption and

authorization by the Congress of the recommended works of

improvement: Provided, That the project authorization procedure

established by this chapter shall not be affected.

-SOURCE-

(Pub. L. 87-639, Sec. 1, Sept. 5, 1962, 76 Stat. 438; Pub. L.

103-437, Sec. 6(w), Nov. 2, 1994, 108 Stat. 4587.)

-COD-

CODIFICATION

Section was not enacted as part of the Watershed Protection and

Flood Prevention Act which comprises this chapter.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Committee on Environment and

Public Works of the Senate or the Committee on Public Works and

Transportation of the House'' for ''Committee on Public Works of

the Senate or the Committee on Public Works of the House''.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-MISC4-

AUTHORIZATION OF APPROPRIATIONS

Section 2 of Pub. L. 87-639 provided that: ''There are hereby

authorized to be appropriated such sums as may be necessary to

carry out the purposes of this Act (this section), such sums to

remain available until expended.''

-CITE-

16 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1010. Data

-STATUTE-

The Secretary shall collect and maintain data on a national and

State by State basis concerning -

(1) expenditures for the individual flood control and

conservation measures for which assistance is provided under this

chapter; and

(2) the expected flood control or environmental (including soil

erosion) benefits that will result from the implementation of

such measures.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 13, as added Pub. L. 101-624, title

XIV, Sec. 1463, Nov. 28, 1990, 104 Stat. 3615.)

-CITE-

16 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1011. Watershed restoration and enhancement agreements

-STATUTE-

(a) In general

For fiscal year 1997 and each fiscal year thereafter,

appropriations made for the Bureau of Land Management may be used

by the Secretary of the Interior for the purpose of entering into

cooperative agreements with the heads of other Federal agencies,

tribal, State, and local governments, private and nonprofit

entities, and landowners for the protection, restoration, and

enhancement of fish and wildlife habitat and other resources on

public or private land and the reduction of risk from natural

disaster where public safety is threatened that benefit these

resources on public lands within the watershed.

(b) Direct and indirect watershed agreements

The Secretary of the Interior may enter into a watershed

restoration and enhancement agreement -

(1) directly with a willing private landowner; or

(2) indirectly through an agreement with a state, local, or

tribal government or other public entity, educational

institution, or private nonprofit organization.

(c) Terms and conditions

In order for the Secretary to enter into a watershed restoration

and enhancement agreement -

(1) the agreement shall -

(A) include such terms and conditions mutually agreed to by

the Secretary and the landowner;

(B) improve the viability of and otherwise benefit the fish,

wildlife, and other biotic resources on public land in the

watershed;

(C) authorize the provision of technical assistance by the

Secretary in the planning of management activities that will

further the purposes of the agreement;

(D) provide for the sharing of costs of implementing the

agreement among the Federal government, (FOOTNOTE 1) the

landowner, and other entities, as mutually agreed on by the

affected interests; and

(FOOTNOTE 1) So in original. Probably should be capitalized.

(E) ensure that any expenditure by the Secretary pursuant to

the agreement is determined by the Secretary to be in the

public interest; and

(2) the Secretary may require such other terms and conditions

as are necessary to protect the public investment on private

lands, provided such terms and conditions are mutually agreed to

by the Secretary and the landowner.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(d) (title I, Sec.

124), Sept. 30, 1996, 110 Stat. 3009-181, 3009-204; Pub. L.

105-277, div. A, Sec. 101(e) (title I, Sec. 136), Oct. 21, 1998,

112 Stat. 2681-231, 2681-266.)

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1997, and also as part of the

Omnibus Consolidated Appropriations Act, 1997, and not as part of

the Watershed Protection and Flood Prevention Act which comprises

this chapter.

-MISC3-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 substituted ''with the heads

of other Federal agencies, tribal, State, and local governments,

private and nonprofit entities, and landowners for the protection,

restoration, and enhancement of fish and wildlife habitat and other

resources on public or private land and the reduction of risk from

natural disaster where public safety is threatened'' for ''with

willing private landowners for restoration and enhancement of fish,

wildlife, and other biotic resources on public or private land or

both''.

WATERSHED AGREEMENTS

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 323), Oct.

21, 1998, 112 Stat. 2681-231, 2681-290, as amended by Pub. L.

107-63, title III, Sec. 330, Nov. 5, 2001, 115 Stat. 471, provided

that:

''(a) Watershed Restoration and Enhancement Agreements. - For

fiscal year 1999, 2000 and 2001, and fiscal years 2002 through

2005, to the extent funds are otherwise available, appropriations

for the Forest Service may be used by the Secretary of Agriculture

for the purpose of entering into cooperative agreements with

willing Federal, tribal, State and local governments, private and

nonprofit entities and landowners for the protection, restoration

and enhancement of fish and wildlife habitat, and other resources

on public or private land, the reduction of risk from natural

disaster where public safety is threatened, or a combination

thereof or both that benefit these resources within the watershed.

''(b) Direct and Indirect Watershed Agreements. - The Secretary

of Agriculture may enter into a watershed restoration and

enhancement agreement -

''(1) directly with a willing private landowner; or

''(2) indirectly through an agreement with a State, local or

tribal government or other public entity, educational

institution, or private nonprofit organization.

''(c) Terms and Conditions. - In order for the Secretary to enter

into a watershed restoration and enhancement agreement -

''(1) the agreement shall -

''(A) include such terms and conditions mutually agreed to by

the Secretary and the landowner, state or local government, or

private or nonprofit entity;

''(B) improve the viability of and otherwise benefit the

fish, wildlife, and other resources on national forests lands

within the watershed;

''(C) authorize the provision of technical assistance by the

Secretary in the planning of management activities that will

further the purposes of the agreement;

''(D) provide for the sharing of costs of implementing the

agreement among the Federal Government, the landowner(s), and

other entities, as mutually agreed on by the affected

interests; and

''(E) ensure that any expenditure by the Secretary pursuant

to the agreement is determined by the Secretary to be in the

public interest; and

''(2) the Secretary may require such other terms and conditions

as are necessary to protect the public investment on non-Federal

lands, provided such terms and conditions are mutually agreed to

by the Secretary and other landowners, State and local

governments or both.

''(d) Reporting Requirements. - Not later than December 31, 1999,

the Secretary shall submit a report to the Committees on

Appropriations of the House and Senate, which contains -

''(1) A concise description of each project, including the

project purpose, location on federal and non-federal land, key

activities, and all parties to the agreement.

''(2) the funding and/or other contributions provided by each

party for each project agreement.''

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 105-83, title III, Sec. 334, Nov. 14, 1997, 111 Stat.

1601.

-CITE-

16 USC Sec. 1012 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-

Sec. 1012. Rehabilitation of structural measures near, at, or past

their evaluated life expectancy

-STATUTE-

(a) Definitions

For purposes of this section:

(1) Rehabilitation

The term ''rehabilitation'', with respect to a structural

measure constructed as part of a covered water resource project,

means the completion of all work necessary to extend the service

life of the structural measure and meet applicable safety and

performance standards. This may include: (A) protecting the

integrity of the structural measure or prolonging the useful life

of the structural measure beyond the original evaluated life

expectancy; (B) correcting damage to the structural measure from

a catastrophic event; (C) correcting the deterioration of

structural components that are deteriorating at an abnormal rate;

(D) upgrading the structural measure to meet changed land use

conditions in the watershed served by the structural measure or

changed safety criteria applicable to the structural measure; or

(E) decommissioning the structure, if requested by the local

organization.

(2) Covered water resource project

The term ''covered water resource project'' means a work of

improvement carried out under any of the following:

(A) This chapter.

(B) Section 13 of the Act of December 22, 1944 (Public Law

78-534; 58 Stat. 905).

(C) The pilot watershed program authorized under the heading

''Flood Prevention'' of the Department of Agriculture

Appropriation Act, 1954 (Public Law 156; 67 Stat. 214).

(D) Subtitle H of title XV of the Agriculture and Food Act of

1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource

Conservation and Development Program).

(3) Structural measure

The term ''structural measure'' means a physical improvement

that impounds water, commonly known as a dam, which was

constructed as part of a covered water resource project,

including the impoundment area and flood pool.

(b) Cost share assistance for rehabilitation

(1) Assistance authorized

The Secretary may provide financial assistance to a local

organization to cover a portion of the total costs incurred for

the rehabilitation of structural measures originally constructed

as part of a covered water resource project. The total costs of

rehabilitation include the costs associated with all components

of the rehabilitation project, including acquisition of land,

easements, and rights-of-ways, rehabilitation project

administration, the provision of technical assistance,

contracting, and construction costs, except that the local

organization shall be responsible for securing all land,

easements, or rights-of-ways necessary for the project.

(2) Amount of assistance; limitations

The amount of Federal funds that may be made available under

this subsection to a local organization for construction of a

particular rehabilitation project shall be equal to 65 percent of

the total rehabilitation costs, but not to exceed 100 percent of

actual construction costs incurred in the rehabilitation.

However, the local organization shall be responsible for the

costs of water, mineral, and other resource rights and all

Federal, State, and local permits.

(3) Relation to land use and development regulations

As a condition on entering into an agreement to provide

financial assistance under this subsection, the Secretary,

working in concert with the affected unit or units of general

purpose local government, may require that proper zoning or other

developmental regulations are in place in the watershed in which

the structural measures to be rehabilitated under the agreement

are located so that -

(A) the completed rehabilitation project is not quickly

rendered inadequate by additional development; and

(B) society can realize the full benefits of the

rehabilitation investment.

(c) Technical assistance for watershed project rehabilitation

The Secretary, acting through the Natural Resources Conservation

Service, may provide technical assistance in planning, designing,

and implementing rehabilitation projects should a local

organization request such assistance. Such assistance may consist

of specialists in such fields as engineering, geology, soils,

agronomy, biology, hydraulics, hydrology, economics, water quality,

and contract administration.

(d) Prohibited use

(1) Performance of operation and maintenance

Rehabilitation assistance provided under this section may not

be used to perform operation and maintenance activities specified

in the agreement for the covered water resource project entered

into between the Secretary and the local organization responsible

for the works of improvement. Such operation and maintenance

activities shall remain the responsibility of the local

organization, as provided in the project work plan.

(2) Renegotiation

Notwithstanding paragraph (1), as part of the provision of

financial assistance under subsection (b) of this section, the

Secretary may renegotiate the original agreement for the covered

water resource project entered into between the Secretary and the

local organization regarding responsibility for the operation and

maintenance of the project when the rehabilitation is finished.

(e) Application for rehabilitation assistance

A local organization may apply to the Secretary for technical and

financial assistance under this section if the application has also

been submitted to and approved by the State agency having

supervisory responsibility over the covered water resource project

at issue or, if there is no State agency having such

responsibility, by the Governor of the State. The Secretary shall

request the State dam safety officer (or equivalent State official)

to be involved in the application process if State permits or

approvals are required. The rehabilitation of structural measures

shall meet standards established by the Secretary and address other

dam safety issues. At the request of the local organization,

personnel of the Natural Resources Conservation Service of the

Department of Agriculture may assist in preparing applications for

assistance.

(f) Ranking of requests for rehabilitation assistance

The Secretary shall establish such system of approving

rehabilitation requests, recognizing that such requests will be

received throughout the fiscal year and subject to the availability

of funds to carry out this section, as is necessary for proper

administration by the Department of Agriculture and equitable for

all local organizations. The approval process shall be in writing,

and made known to all local organizations and appropriate State

agencies.

(g) Prohibition on certain rehabilitation assistance

The Secretary may not approve a rehabilitation request if the

need for rehabilitation of the structure is the result of a lack of

adequate maintenance by the party responsible for the maintenance.

(h) Funding

(1) Funds of Commodity Credit Corporation

In carrying out this section, of the funds of the Commodity

Credit Corporation, the Secretary shall make available, to remain

available until expended -

(A) $45,000,000 for fiscal year 2003;

(B) $50,000,000 for fiscal year 2004;

(C) $55,000,000 for fiscal year 2005;

(D) $60,000,000 for fiscal year 2006;

(E) $65,000,000 for fiscal year 2007; and

(F) $0 for fiscal year 2008.

(2) Authorization of appropriations

In addition to amounts made available under paragraph (1),

there are authorized to be appropriated to the Secretary to carry

out this section, to remain available until expended -

(A) $45,000,000 for fiscal year 2003;

(B) $55,000,000 for fiscal year 2004;

(C) $65,000,000 for fiscal year 2005;

(D) $75,000,000 for fiscal year 2006; and

(E) $85,000,000 for fiscal year 2007.

(i) Assessment of rehabilitation needs

The Secretary, in concert with the responsible State agencies,

shall conduct an assessment of the rehabilitation needs of covered

water resource projects in all States in which such projects are

located.

(j) Recordkeeping and reports

(1) Secretary

The Secretary shall maintain a data base to track the benefits

derived from rehabilitation projects supported under this section

and the expenditures made under this section. On the basis of

such data and the reports submitted under paragraph (2), the

Secretary shall prepare and submit to Congress an annual report

providing the status of activities conducted under this section.

(2) Grant recipients

Not later than 90 days after the completion of a specific

rehabilitation project for which assistance is provided under

this section, the local organization that received the assistance

shall make a report to the Secretary giving the status of any

rehabilitation effort undertaken using financial assistance

provided under this section.

-SOURCE-

(Aug. 4, 1954, ch. 656, Sec. 14, as added Pub. L. 106-472, title

III, Sec. 313, Nov. 9, 2000, 114 Stat. 2077; amended Pub. L.

107-171, title II, Sec. 2505, May 13, 2002, 116 Stat. 274.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Act of December 22, 1944, referred to in

subsec. (a)(2)(B), is section 13 of act Dec. 22, 1944, ch. 665, 58

Stat. 905, as amended, which is not classified to the Code.

The Department of Agriculture Appropriation Act, 1954, referred

to in subsec. (a)(2)(C), is act July 28, 1953, ch. 251, 67 Stat.

205. Provisions under the heading ''Flood Prevention'' are not

classified to the Code. For complete classification of this Act to

the Code, see Tables.

The Agriculture and Food Act of 1981, referred to in subsec.

(a)(2)(D), is Pub. L. 97-98, Dec. 22, 1981, 95 Stat. 1213, as

amended. Subtitle H of title XV of the Act is classified generally

to subchapter V (Sec. 3451 et seq.) of chapter 54 of this title.

For complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-171 added subsec. (h) and struck

out heading and text of former subsec. (h). Text read as follows:

''There is authorized to be appropriated to the Secretary to

provide financial and technical assistance under this section -

''(1) $5,000,000 for fiscal year 2001;

''(2) $10,000,000 for fiscal year 2002;

''(3) $15,000,000 for fiscal year 2003;

''(4) $25,000,000 for fiscal year 2004; and

''(5) $35,000,000 for fiscal year 2005.''

-CITE-