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US (United States) Code. Title 42. Chapter 19A: Water resources planning

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-CITE-

42 USC CHAPTER 19B - WATER RESOURCES PLANNING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

-HEAD-

CHAPTER 19B - WATER RESOURCES PLANNING

-MISC1-

Sec.

1962. Congressional statement of policy.

1962-1. Effect on existing laws.

1962-2. Congressional statement of objectives.

SUBCHAPTER I - WATER RESOURCES COUNCIL

1962a. Establishment; composition; other Federal agency

participation; designation of Chairman.

1962a-1. Powers and duties.

1962a-2. Principles, standards, and procedures for Federal

projects.

(a) Establishment, consultation, revision.

(b) Economic evaluation; primary criterion.

1962a-3. Review of river basin commission plans; report to

President and Congress.

1962a-4. Administrative provisions.

(a) Hearings, proceedings, evidence, reports;

office space; use of mails; personnel;

consultants; motor vehicles; necessary

expenses; other powers.

(b) Oaths.

(d) Information and personnel from other Federal

agencies.

(e) Responsibility for personnel and funds.

SUBCHAPTER II - RIVER BASIN COMMISSIONS

1962b. Creation of commissions; powers and duties.

1962b-1. Membership of commissions; appointment of

chairman.

1962b-2. Organization of commissions.

(a) Commencement of functions; transfer of

property, assets, and records upon

termination of commission; availability of

studies, data, and other materials to

participants.

(b) Vice chairman; State election; State

representation.

chairman.

(d) Consensus of members on issues;

opportunities for individual views; record

of position of chairman and vice chairman;

final authority on procedural questions.

1962b-3. Duties of commissions.

1962b-4. Administrative provisions.

(a) Hearings, proceedings, evidence, reports;

office space; use of mails; personnel,

consultants, and professional service

contracts; personnel from other agencies;

retirement and employee benefit system for

personnel without coverage; motor vehicles;

necessary expenses; other powers.

(b) Oaths.

(d) Information and personnel from other Federal

agencies.

(e) Responsibility for personnel and funds.

1962b-5. Compensation of members and chairmen.

(a) Additional compensation prohibited to

members appointed from Federal departments,

agencies, and international commissions.

(b) Compensation of members from States and

interstate agencies.

1962b-6. Expenses of commissions.

(a) Federal share; apportionment of remainder;

annual budget; estimates of proposed

Federal appropriations; advances against

delayed State appropriations; credit to

account in the Treasury.

(b) Acceptance, reception, utilization, and

disposal of appropriations, donations, and

grants.

annual audit; inclusion in annual report.

(d) Inspection of accounts.

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

1962c. Authorization of appropriations; coordination of

related Federal planning assistance programs;

utilization of Federal agencies administering

programs contributing to water resources

planning.

1962c-1. Allotments to States: basis, population and land

area determinations; payments to States: amount.

1962c-2. State programs; approval by Council; submission;

requirements; notice and hearing prior to

disapproval.

1962c-3. Noncompliance; curtailing of payments.

1962c-4. Payments to States; computation of amount.

1962c-5. "State" defined.

1962c-6. Records; audit and examination.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

1962d. Authorization of appropriations to the Water

Resources Council.

(a) Limitation for single river basin

commission.

(b) Limitation on the expenses of the Water

Resources Council.

preparation of certain studies and for

assessments and plans.

1962d-1. Rules and regulations.

1962d-2. Delegation of functions.

1962d-3. Utilization of personnel.

1962d-4. Northeastern United States water supply.

(a) Plans for Federal construction, operation,

and maintenance of reservoir system within

certain river basins and conveyance and

purification facilities through cooperation

of Secretary of the Army and government

agencies; financial participation of

States.

(b) Construction, operation, and maintenance of

reservoirs and conveyance and purification

facilities.

water supply plans.

1962d-5. Water resources development projects involving

navigation, flood control, and shore protection.

(a) Construction, operation, and maintenance;

limitation on estimated Federal first cost

of construction; Congressional committee

approval of projects; reports to Congress.

(b) Local cooperation requirements based on

certain estimated Federal first cost of

construction.

1962d-5a. Reimbursement to States.

(a) Combination of reimbursement of installation

costs and reduction in contributions;

single project limitation.

(b) Agreement provisions; termination of

agreement for failure to commence work.

(d) Beach erosion control projects.

(e) Prohibition of construction for Federal

assumption of responsibilities of

non-Federal bodies or for Federal liability

for unnecessary or inapplicable project

work of such bodies.

(f) Allotment limitation for any fiscal year;

specific project reimbursement

authorizations.

1962d-5b. Water resources projects; written agreement

requirement.

(a) Cooperation of non-Federal interest.

(b) Definition of non-Federal interest.

(d) Nonperformance of terms of agreement by

non-Federal interest; notice; reasonable

opportunity for performance; performance by

Chief of Engineers.

(e) Effective date.

1962d-5c. Non-Federal public bodies, installment

construction payments.

(a) Annual installments during period of

construction in absence of other provision

for extended repayment.

(b) Cost sharing; modification.

1962d-5d. Authorization of Secretary of the Army to contract

with States and political subdivisions for

increased law enforcement services during peak

visitation periods; authorization of

appropriations.

1962d-5e. Wetland areas.

(a) Authorization of Secretary of the Army to

plan and establish wetland areas; criteria

for establishment.

(b) Reports to Congress.

1962d-5f. Beach nourishment.

1962d-5g. Hydroelectric power resources.

(a) Study; plan.

(b) Transmittal of plan to Congressional

committees.

(d) Feasibility studies of specific

hydroelectric power installations;

authorization of appropriations.

1962d-6. Feasibility studies; acceleration; advancement of

costs by non-Federal sources.

1962d-7. Delmarva Peninsula hydrologic study; duties of

Secretary of the Interior.

1962d-8. Reports on Delmarva Peninsula hydrologic study.

1962d-9. Information from Federal agencies for Delmarva

Peninsula study.

1962d-10. Cooperation with agencies on Delmarva Peninsula

study.

1962d-11. Authorization of appropriation for Delmarva

Peninsula study.

1962d-11a. Potomac River water diversion structure.

(a) Consent of Congress for construction;

written agreement providing schedule for

allocation among parties for withdrawal of

waters.

(b) Authorization of Secretary of the Army to

enter written agreement; amendments or

revisions.

Maryland, Virginia, political subdivisions;

authority of District of Columbia.

1962d-11b. Dalecarlia Reservoir; delivery of water to

metropolitan Maryland; expenses; payments;

purchase of water from State or local authorities

in Maryland or Virginia.

1962d-12 to 1962d-14. Repealed.

1962d-14a. Alaska hydroelectric power development.

(a) Congressional findings and declaration.

(b) Establishment of fund; composition.

(d) Investments; deposits.

(e) Expenditures for phase I design memorandum

stage of advanced engineering and design;

withholding of favorable report to Congress

prior to repayment; expenditures from

non-Federal funds.

(f) Authorization to construct projects;

expenditures.

(g) Agreement with non-Federal public

authorities and submittal to Congressional

committees, payment of total non-Federal

obligations; conditions of United States

assumption of excess over costs fixed in

agreement, payment subject to

appropriations acts.

(h) Conveyance of title, rights, and interests

of United States; Federal requirements,

reservations, and provisions.

(i) Short title.

1962d-15. Protection of United States from liability for

damages; exception of damages due to fault or

negligence of United States.

1962d-16. Comprehensive plans for development, utilization,

and conservation of water and related resources.

(a) Federal and State cooperation.

(b) Fees.

State limitation.

(d) "State" defined.

1962d-17. Regional or river basin plans and Federal water

and related land resources projects; preparation,

formulation, and evaluation.

(a) Interest rate formula for discounting future

benefits and cost computations; repeal of

conflicting provisions and administrative

actions.

(b) Interest rate for prior authorized projects

assured of non-Federal share of project

costs; continuation of rate.

Presidential study; scope of study; report

to Congress.

1962d-18. Study of depletion of natural resources of regions

of Colorado, Kansas, New Mexico, Oklahoma, Texas,

and Nebraska utilizing Ogallala aquifer; plans;

reports to Congress; authorization of

appropriation.

1962d-19. Cooperation of Secretary of the Interior with

State and local regulatory and law enforcement

officials in enforcement of laws or ordinances in

connection with Federal resource protection,

etc., within Federal water resource development

project; funding.

1962d-20. Prohibition on Great Lakes diversions.

(a) Congressional findings and declarations.

(b) Congressional declaration of purpose and

policy.

(d) Approval by Governors for diversion of

water.

(e) Approval of Governors for diversion studies.

(f) Previously authorized diversions.

1962d-21. John Glenn Great Lakes basin program.

(a) Strategic plans.

(b) Great Lakes biohydrological information.

(d) Cooperation.

(e) Water use activities and policies.

(f) Cost sharing.

1962d-22. Great Lakes fishery and ecosystem restoration.

(a) Findings.

(b) Definitions.

restoration.

(d) Cooperative agreements.

(e) Relationship to other Great Lakes

activities.

(f) Cost sharing.

(g) Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1962d-4 of this title;

title 16 section 1275; title 22 section 2361; title 33 section

1289; title 43 section 1511.

-End-

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42 USC Sec. 1962 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

-HEAD-

Sec. 1962. Congressional statement of policy

-STATUTE-

In order to meet the rapidly expanding demands for water

throughout the Nation, it is hereby declared to be the policy of

the Congress to encourage the conservation, development, and

utilization of water and related land resources of the United

States on a comprehensive and coordinated basis by the Federal

Government, States, localities, and private enterprise with the

cooperation of all affected Federal agencies, States, local

governments, individuals, corporations, business enterprises, and

others concerned.

-SOURCE-

(Pub. L. 89-80, Sec. 2, July 22, 1965, 79 Stat. 244.)

-MISC1-

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-251, title I, Sec. 109, Mar. 16, 1974, 88 Stat. 49,

provided that: "This title [enacting sections 1962d-5c and 1962d-15

to 1962d-17 of this title, section 460ee of Title 16, Conservation,

and sections 50c-2, 50k, 579, 701b-11, and 1252a of Title 33,

Navigation and Navigable Waters, amending section 4482 of this

title, sections 460l-13(a), (a)(3) and 460l-14(b)(1) of Title 16,

section 275a of Title 22, Foreign Relations and Intercourse, and

sections 701g, 701n, 701r, 701r-1(c), 701s, 709a(b), and 1165a(d)

of Title 33, and enacting provisions set out as notes under

sections 1962d-5 and 1962d-7 of this title and section 460l-13 of

Title 16] may be cited as the 'Water Resources Development Act of

1974'."

SHORT TITLE

Section 1 of Pub. L. 89-80 provided that: "This Act [enacting

this chapter] may be cited as the 'Water Resources Planning Act'."

WATERSHED PROTECTION AND FLOOD PREVENTION PROJECTS EXEMPT FROM

REQUIREMENTS FOR INDEPENDENT WATER PROJECT REVIEW

Provisions exempting watershed projects under the Watershed

Protection and Flood Prevention Act, Aug. 4, 1954, ch. 656, 68

Stat. 666, which is classified generally to chapter 18 (Sec. 1001

et seq.) of Title 16, Conservation, from the requirements of

Executive Orders 12113 and 12141, formerly set out below, were

contained in the following appropriation acts:

Pub. L. 97-370, title VI, Sec. 619, Dec. 18, 1982, 96 Stat. 1811.

Pub. L. 97-103, title VI, Sec. 619, Dec. 23, 1981, 95 Stat. 1490.

Pub. L. 96-528, title VI, Sec. 622, Dec. 15, 1980, 94 Stat. 3118.

-EXEC-

EXECUTIVE ORDER NO. 12113

Ex. Ord. No. 12113, Jan. 4, 1979, 44 F.R. 1955, as amended by Ex.

Ord. No. 12141, June 5, 1979, 44 F.R. 32635, which provided for

independent review of Federal water resources programs and projects

by the Water Resources Council, was revoked by section 4 of Ex.

Ord. No. 12322, Sept. 17, 1981, 46 F.R. 46561, set out below.

EX. ORD. NO. 12322. WATER RESOURCES PROGRAMS AND PROJECTS REVIEW

Ex. Ord. No. 12322, Sept. 17, 1981, 46 F.R. 46561, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and in order to ensure

efficient and coordinated planning and review of water resources

programs and projects, it is hereby ordered as follows:

Section 1. Before any agency or officer thereof submits to the

Congress, or to any committee or member thereof, for approval,

appropriations, or legislative action any report, proposal, or plan

relating to a Federal or Federally assisted water and related land

resources project or program, such report, proposal, or plan shall

be submitted to the Director of the Office of Management and

Budget.

Sec. 2. The Director of the Office of Management and Budget shall

examine each report, proposal, or plan for consistency with, and

shall advise the agency of the relationship of the project to, the

following:

(a) the policy and programs of the President;

(b) the Economic and Environmental Principles and Guidelines for

Water and Related Land Resources Implementation Studies or other

such planning guidelines for water and related land resources

planning, as shall hereafter be issued; and

to the planning process.

Sec. 3. When such report, proposal, or plan is thereafter

submitted to the Congress, or to any committee or member thereof,

it shall include a statement of the advice received from the Office

of Management and Budget.

Sec. 4. Executive Order No. 12113, as amended, is revoked.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962b-3 of this title.

-End-

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42 USC Sec. 1962-1 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

-HEAD-

Sec. 1962-1. Effect on existing laws

-STATUTE-

Nothing in this chapter shall be construed -

(a) to expand or diminish either Federal or State jurisdiction,

responsibility, or rights in the field of water resources

planning, development, or control; nor to displace, supersede,

limit or modify any interstate compact or the jurisdiction or

responsibility of any legally established joint or common agency

of two or more States, or of two or more States and the Federal

Government; nor to limit the authority of Congress to authorize

and fund projects;

(b) to change or otherwise affect the authority or

responsibility of any Federal official in the discharge of the

duties of his office except as required to carry out the

provisions of this chapter with respect to the preparation and

review of comprehensive regional or river basin plans and the

formulation and evaluation of Federal water and related land

resources projects;

applicable to the various Federal agencies which are authorized

to develop or participate in the development of water and related

land resources or to exercise licensing or regulatory functions

in relation thereto, except as required to carry out the

provisions of this chapter; nor to affect the jurisdiction,

powers, or prerogatives of the International Joint Commission,

United States and Canada, the Permanent Engineering Board and the

United States Operating Entity or Entities established pursuant

to the Columbia River Basin Treaty, signed at Washington, January

17, 1961, or the International Boundary and Water Commission,

United States and Mexico;

(d) as authorizing any entity established or acting under the

provisions hereof to study, plan, or recommend the transfer of

waters between areas under the jurisdiction of more than one

river basin commission or entity performing the function of a

river basin commission.

-SOURCE-

(Pub. L. 89-80, Sec. 3, July 22, 1965, 79 Stat. 244.)

-REFTEXT-

REFERENCES IN TEXT

The International Joint Commission, United States and Canada,

referred to in subsec. (c), was organized in 1911 pursuant to

article VII of the treaty of January 11, 1909, with Great Britain,

36 Stat. 2448. Provisions relating to such Commission are contained

in sections 267b and 268 of Title 22, Foreign Relations and

Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962b of this title.

-End-

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42 USC Sec. 1962-2 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

-HEAD-

Sec. 1962-2. Congressional statement of objectives

-STATUTE-

It is the intent of Congress that the objectives of enhancing

regional economic development, the quality of the total

environment, including its protection and improvement, the

well-being of the people of the United States, and the national

economic development are the objectives to be included in federally

financed water resource projects (including shore protection

projects such as projects for beach nourishment, including the

replacement of sand), and in the evaluation of benefits and cost

attributable thereto, giving due consideration to the most feasible

alternative means of accomplishing these objectives.

-SOURCE-

(Pub. L. 91-611, title II, Sec. 209, Dec. 31, 1970, 84 Stat. 1829;

Pub. L. 104-303, title II, Sec. 227(f), Oct. 12, 1996, 110 Stat.

3703.)

-COD-

CODIFICATION

Section was enacted as a part of the Flood Control Act of 1970

and not as a part of the Water Resources Planning Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 inserted "(including shore protection

projects such as projects for beach nourishment, including the

replacement of sand)" after "water resource projects".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962d-17 of this title;

title 33 section 2332.

-End-

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42 USC SUBCHAPTER I - WATER RESOURCES COUNCIL 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

SUBCHAPTER I - WATER RESOURCES COUNCIL

-End-

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42 USC Sec. 1962a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

Sec. 1962a. Establishment; composition; other Federal agency

participation; designation of Chairman

-STATUTE-

There is hereby established a Water Resources Council

(hereinafter referred to as the "Council") which shall be composed

of the Secretary of the Interior, the Secretary of Agriculture, the

Secretary of the Army, the Secretary of Commerce, the Secretary of

Housing and Urban Development, the Secretary of Transportation, the

Administrator of the Environmental Protection Agency, and the

Secretary of Energy. The Chairman of the Council shall request the

heads of other Federal agencies to participate with the Council

when matters affecting their responsibilities are considered by the

Council. The Chairman of the Council shall be designated by the

President.

-SOURCE-

(Pub. L. 89-80, title I, Sec. 101, July 22, 1965, 79 Stat. 245;

Pub. L. 94-112, Sec. 1(a), Oct. 16, 1975, 89 Stat. 575; Pub. L.

95-91, title III, Sec. 301(b), title VII, Secs. 703, 707, Aug. 4,

1977, 91 Stat. 578, 606, 607.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-112 included in the membership of the Water

Resources Council, the Secretaries of Commerce, Housing and Urban

Development, and Transportation and the Administrator of the

Environmental Protection Agency, and terminated the membership for

the Secretary of Health, Education, and Welfare.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted for "Chairman of the Federal

Power Commission" in text pursuant to sections 301(b), 703, and 707

of Pub. L. 95-91, which are classified to sections 7151(b), 7293,

and 7297 of this title, and which terminated Federal Power

Commission and transferred its functions and functions of Chairman

thereof (with certain exceptions) to Secretary of Energy.

-MISC2-

NATIONAL WATER COMMISSION

Pub. L. 90-515, Sept. 26, 1968, 82 Stat. 868, provided for

establishment of National Water Commission, its membership,

chairman, compensation, powers, duties, and functions, required

Commission to review national water resource problems and submit

interim and final reports, and provided that Commission terminate

no later than five years from Sept. 26, 1968.

-End-

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42 USC Sec. 1962a-1 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

Sec. 1962a-1. Powers and duties

-STATUTE-

The Council shall -

(a) maintain a continuing study and prepare an assessment

biennially, or at such less frequent intervals as the Council may

determine, of the adequacy of supplies of water necessary to meet

the water requirements in each water resource region in the

United States and the national interest therein; and

(b) maintain a continuing study of the relation of regional or

river basin plans and programs to the requirements of larger

regions of the Nation and of the adequacy of administrative and

statutory means for the coordination of the water and related

land resources policies and programs of the several Federal

agencies; it shall appraise the adequacy of existing and proposed

policies and programs to meet such requirements; and it shall

make recommendations to the President with respect to Federal

policies and programs.

-SOURCE-

(Pub. L. 89-80, title I, Sec. 102, July 22, 1965, 79 Stat. 245.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5912 of this title.

-End-

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42 USC Sec. 1962a-2 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

Sec. 1962a-2. Principles, standards, and procedures for Federal

projects

-STATUTE-

(a) Establishment, consultation, revision

The Council shall establish, after such consultation with other

interested entities, both Federal and non-Federal, as the Council

may find appropriate, and with the approval of the President,

principles, standards, and procedures for Federal participants in

the preparation of comprehensive regional or river basin plans and

for the formulation and evaluation of Federal water and related

land resources projects. Such procedures may include provision for

Council revision of plans for Federal projects intended to be

proposed in any plan or revision thereof being prepared by a river

basin planning commission.

(b) Economic evaluation; primary criterion

The Council shall develop standards and criteria for economic

evaluation of water resource projects. For the purpose of those

standards and criteria, the primary direct navigation benefits of a

water resource project are defined as the product of the savings to

shippers using the waterway and the estimated traffic that would

use the waterway. "Savings to shippers" means the difference

between (1) the freight rates or charges prevailing at the time of

the study for the movement by the alternative means, and (2) those

which would be charged on the proposed waterway. Estimated traffic

that would use the waterway will be based on those freight rates,

taking into account projections of the economic growth of the area.

-SOURCE-

(Pub. L. 89-80, title I, Sec. 103, July 22, 1965, 79 Stat. 245;

Pub. L. 97-449, Sec. 4(a), Jan. 12, 1983, 96 Stat. 2441.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Chairman

of Water Resources Council, see Ex. Ord. No. 11747, eff. Nov. 7,

1973, 38 F.R. 30993, as amended, set out as a note under section

1962a-3 of this title.

-MISC2-

COMPUTATION OF PRICES FOR AGRICULTURAL COMMODITIES FOR USE IN

EVALUATION OF WATER RESOURCES DEVELOPMENT PROJECTS

Pub. L. 100-460, title VI, Sec. 632, Oct. 1, 1988, 102 Stat.

2262, provided that: "Hereafter, none of the funds appropriated in

this or any other Act shall be used to alter the method of

computing normalized prices for agricultural commodities for use by

any Federal agency in evaluating water resources development

projects to be undertaken in whole or in part with Federal funds

that was in effect as of January 1, 1986."

Similar provisions were contained in Pub. L. 100-202, Sec. 101(k)

[title VI, Sec. 634], Dec. 22, 1987, 101 Stat. 1329-322, 1329-357.

-End-

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42 USC Sec. 1962a-3 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

Sec. 1962a-3. Review of river basin commission plans; report to

President and Congress

-STATUTE-

Upon receipt of a plan or revision thereof from any river basin

commission under the provisions of section 1962b-3(3) of this

title, the Council shall review the plan or revision with special

regard to -

(1) the efficacy of such plan or revision in achieving optimum

use of the water and related land resources in the area involved;

(2) the effect of the plan on the achievement of other programs

for the development of agricultural, urban, energy, industrial,

recreational, fish and wildlife, and other resources of the

entire Nation; and

(3) the contributions which such plan or revision will make in

obtaining the Nation's economic and social goals.

Based on such review the Council shall -

(a) formulate such recommendations as it deems desirable in the

national interest; and

(b) transmit its recommendations, together with the plan or

revision of the river basin commission and the views, comments,

and recommendations with respect to such plan or revision

submitted by any Federal agency, Governor, interstate commission,

or United States section of an international commission, to the

President for his review and transmittal to the Congress with his

recommendations in regard to authorization of Federal projects.

-SOURCE-

(Pub. L. 89-80, title I, Sec. 104, July 22, 1965, 79 Stat. 245.)

-EXEC-

EX. ORD. NO. 11747. DELEGATION OF PRESIDENTIAL FUNCTIONS

Ex. Ord. No. 11747, eff. Nov. 7, 1973, 38 F.R. 30993, as amended

by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is hereby ordered as follows:

The Chairman of the Water Resources Council is designated and

empowered to exercise, without the approval, ratification, or other

action of the President, the approval function for standards and

procedures vested in the President by section 103 of the Water

Resources Planning Act, as amended (42 U.S.C. 1962a-2).

-End-

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42 USC Sec. 1962a-4 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER I - WATER RESOURCES COUNCIL

-HEAD-

Sec. 1962a-4. Administrative provisions

-STATUTE-

(a) Hearings, proceedings, evidence, reports; office space; use of

mails; personnel; consultants; motor vehicles; necessary

expenses; other powers

For the purpose of carrying out the provisions of this chapter,

the Council may: (1) hold such hearings, sit and act at such times

and places, take such testimony, receive such evidence, and print

or otherwise reproduce and distribute so much of its proceedings

and reports thereon as it may deem advisable; (2) acquire, furnish,

and equip such office space as is necessary; (3) use the United

States mails in the same manner and upon the same conditions as

other departments and agencies of the United States; (4) employ and

fix the compensation of such personnel as it deems advisable, in

accordance with the civil service laws and chapter 51 and

subchapter III of chapter 53 of title 5; (5) procure services as

authorized by section 3109 of title 5, at rates not in excess of

the daily equivalent of the rate prescribed for grade GS-18 under

section 5332 of title 5 in the case of individual experts or

consultants; (6) purchase, hire, operate, and maintain passenger

motor vehicles; and (7) incur such necessary expenses and exercise

such other powers as are consistent with and reasonably required to

perform its functions under this chapter.

(b) Oaths

Any member of the Council is authorized to administer oaths when

it is determined by a majority of the Council that testimony shall

be taken or evidence received under oath.

To the extent permitted by law, all appropriate records and

papers of the Council may be made available for public inspection

during ordinary office hours.

(d) Information and personnel from other Federal agencies

Upon request of the Council, the head of any Federal department

or agency is authorized (1) to furnish to the Council such

information as may be necessary for carrying out its functions and

as may be available to or procurable by such department or agency,

and (2) to detail to temporary duty with such Council on a

reimbursable basis such personnel within his administrative

jurisdiction as it may need or believe to be useful for carrying

out its functions, each such detail to be without loss of

seniority, pay, or other employee status.

(e) Responsibility for personnel and funds

The Council shall be responsible for (1) the appointment and

supervision of personnel, (2) the assignment of duties and

responsibilities among such personnel, and (3) the use and

expenditures of funds.

-SOURCE-

(Pub. L. 89-80, title I, Sec. 105, July 22, 1965, 79 Stat. 246;

Pub. L. 94-112, Sec. 1(b), Oct. 16, 1975, 89 Stat. 575.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "Classification Act of 1949, as amended"

and "section 3109 of title 5" substituted for "section 15 of the

Act of August 2, 1946 (5 U.S.C. 55a)", on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1975 - Subsec. (a)(5). Pub. L. 94-112 substituted "not in excess

of the daily equivalent of the rate prescribed for grade GS-18

under section 5332 of title 5 in the case of individual experts or

consultants" for "not to exceed $100 per diem for individuals".

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962d-2 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - RIVER BASIN COMMISSIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-End-

-CITE-

42 USC Sec. 1962b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b. Creation of commissions; powers and duties

-STATUTE-

(a) The President is authorized to declare the establishment of a

river basin water and related land resources commission upon

request therefor by the Council, or request addressed to the

Council by a State within which all or part of the basin or basins

concerned are located if the request by the Council or by a State

(1) defines the area, river basin, or group of related river basins

for which a commission is requested, (2) is made in writing by the

Governor or in such manner as State law may provide, or by the

Council, and (3) is concurred in by the Council and by not less

than one-half of the States within which portions of the basin or

basins concerned are located and, in the event the Upper Colorado

River Basin is involved, by at least three of the four States of

Colorado, New Mexico, Utah, and Wyoming or, in the event the

Columbia River Basin is involved, by at least three of the four

States of Idaho, Montana, Oregon, and Washington. Such concurrences

shall be in writing.

(b) Each such commission for an area, river basin, or group of

river basins shall, to the extent consistent with section 1962-1 of

this title -

(1) serve as the principal agency for the coordination of

Federal, State, interstate, local and nongovernmental plans for

the development of water and related land resources in its area,

river basin, or group of river basins;

(2) prepare and keep up to date, to the extent practicable, a

comprehensive, coordinated, joint plan for Federal, State,

interstate, local and nongovernmental development of water and

related resources: Provided, That the plan shall include an

evaluation of all reasonable alternative means of achieving

optimum development of water and related land resources of the

basin or basins, and it may be prepared in stages, including

recommendations with respect to individual projects;

(3) recommend long-range schedules of priorities for the

collection and analysis of basic data and for investigation,

planning, and construction of projects; and

(4) foster and undertake such studies of water and related land

resources problems in its area, river basin, or group of river

basins as are necessary in the preparation of the plan described

in clause (2) of this subsection.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 201, July 22, 1965, 79 Stat. 246.)

-EXEC-

EXECUTIVE ORDER NO. 11331

Ex. Ord. No. 11331, Mar. 6, 1967, 32 F.R. 3875, as amended by Ex.

Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 12038,

Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44

F.R. 43239, which provided for the establishment, jurisdiction,

functions, etc., of the Pacific Northwest River Basins Commission,

was revoked, effective Oct. 1, 1981, by section 5(a)(1) of Ex. Ord.

No. 12319, Sept. 9, 1981, 46 F.R. 45591, set out below.

EXECUTIVE ORDER NO. 11345

Ex. Ord. No. 11345, Apr. 20, 1967, 32 F.R. 6329, as amended by

Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No.

11646, Feb. 8, 1972, 37 F.R. 2925; Ex. Ord. No. 11882, Oct. 6,

1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R.

4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which

provided for the establishment, jurisdiction, functions, etc., of

the Great Lakes Basin Commission, was revoked, effective Oct. 1,

1981, by section 5(a)(2) of Ex. Ord. No. 12319, Sept. 9, 1981, 46

F.R. 45591, set out below.

EXECUTIVE ORDER NO. 11359

Ex. Ord. No. 11359, eff. June 20, 1967, 32 F.R. 8851, as amended

by Ex. Ord. No. 11613, eff. Aug. 2, 1971, 36 F.R. 14299; Ex. Ord.

No. 11635, eff. Dec. 9, 1971, 36 F.R. 23615, which established the

Souris-Red-Rainy Basins Commission, was superseded by Ex. Ord. No.

11737, Sept. 7, 1973, 38 F.R. 24883, formerly set out below.

EXECUTIVE ORDER NO. 11371

Ex. Ord. No. 11371, Sept. 6, 1967, 32 F.R. 12903, as amended by

Ex. Ord. No. 11528, Apr. 24, 1970, 35 F.R. 6695; Ex. Ord. No.

11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11707, Mar. 12,

1973, 38 F.R. 6877; Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R.

46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239, which provided for the

establishment, jurisdiction, functions, etc., of the New England

River Basins Commission, was revoked, effective Oct. 1, 1981, by

section 5(a)(3) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R.

45592, set out below.

EXECUTIVE ORDER NO. 11578

Ex. Ord. No. 11578, Jan. 13, 1971, 36 F.R. 683, as amended by Ex.

Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038,

Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44

F.R. 43239, which provided for the establishment, jurisdiction,

functions, etc., of the Ohio River Basin Commission, was revoked,

effective Oct. 1, 1981, by section 5(a)(4) of Ex. Ord. No. 12319,

Sept. 9, 1981, 46 F.R. 45592, set out below.

EXECUTIVE ORDER NO. 11613

Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299, which provided

for membership of the Environmental Protection Agency on the

Pacific Northwest River Basins Commission, the Great Lakes Basin

Commission, the Souris-Red-Rainy River Basins Commission, and the

New England River Basins Commission, was omitted in view of the

revocation of Ex. Ord. Nos. 11331, 11345, 11359, and 11371, which

provided for the establishment, jurisdiction, functions, etc., of

the Pacific Northwest River Basins Commission, the Great Lakes

Basin Commission, the Souris-Red-Rainy River Basins Commission, and

the New England River Basins Commission, respectively. See notes

set out above.

EXECUTIVE ORDER NO. 11658

Ex. Ord. No. 11658, Mar. 22, 1972, 37 F.R. 6045, as amended by

Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No.

12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20,

1979, 44 F.R. 43239, which provided for the establishment,

jurisdiction, functions, etc., of the Missouri River Basin

Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(5)

of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below.

EXECUTIVE ORDER NO. 11659

Ex. Ord. No. 11659, Mar. 22, 1972, 37 F.R. 6047, as amended by

Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883; Ex. Ord. No.

11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3,

1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R.

43239, which provided for the establishment, jurisdiction,

functions, etc., of the Upper Mississippi River Basin Commission,

was revoked, effective Jan. 1, 1982, by section 5(b) of Ex. Ord.

No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below.

EXECUTIVE ORDER NO. 11737

Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, which provided

for the enlargement of the Upper Mississippi River Basin

Commission, transferred all funds, property, etc., of the

Souris-Red-Rainy River Basins Commission to the Upper Mississippi

River Basin Commission, and superseded Ex. Ord. Nos. 11359 and

11635, was omitted in view of the revocation of Ex. Ord. No. 11659,

which established the Upper Mississippi River Basin Commission and

provided for its jurisdiction, functions, etc. See note set out

above.

EXECUTIVE ORDER NO. 11882

Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293, relating to

membership of the Energy Research and Development Administration on

established river basin commissions, was omitted pursuant to Ex.

Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under

section 7151 of this title.

EX. ORD. NO. 12319. TERMINATION OF CERTAIN RIVER BASIN COMMISSIONS

Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45591, provided:

By the authority vested in me as President by the Constitution

and laws of the United States, in order to ensure the orderly

termination of the six river basin commissions established pursuant

to the Water Resources Planning Act (42 U.S.C. 1962 et seq.), it is

hereby ordered as follows:

Section 1. In accord with the decision of the Water Resources

Council pursuant to Section 203(a) of the Water Resources Planning

Act (42 U.S.C. 1962b-2(a)), the following river basin commissions

shall terminate on the date indicated:

(a) Pacific Northwest River Basins Commission, terminated on

September 30, 1981.

(b) Great Lakes Basin Commission, terminated on September 30,

1981.

(d) New England River Basins Commission, terminated on September

30, 1981.

(e) Missouri River Basin Commission, terminated on September 30,

1981.

(f) Upper Mississippi River Basin Commission, terminated on

December 31, 1981.

Sec. 2. All Federal agencies shall cooperate with the commissions

and the member States to achieve an orderly close out of commission

activities and, if the member States so elect, to carry out an

orderly transition of appropriate commission activities to the

member States.

Sec. 3. To the extent permitted by law, the assets of the

commissions which the Federal Government might otherwise be

entitled to claim are to be transferred to the member States of the

commissions, or such entities as the States acting through their

representatives on the commissions may designate, to be used for

such water and related land resources planning purposes as the

States may decide among themselves. The terms and conditions for

transfer of assets under this Section shall be subject to the

approval of the Director of the Office of Management and Budget, or

such Federal agency as he designates, before the transfer is

effective.

Sec. 4. Federal agency members of river basin commissions are

directed to continue coordination and cooperation in future State

and inter-State basin planning arrangements.

Sec. 5. (a) Effective October 1, 1981, the following Executive

Orders are revoked:

(1) Executive Order No. 11331, as amended, which established the

Pacific Northwest River Basins Commission.

(2) Executive Order No. 11345, as amended, which established the

Great Lakes Basin Commission.

(3) Executive Order No. 11371, as amended, which established the

New England River Basins Commission.

(4) Executive Order No. 11578, as amended, which established the

Ohio River Basin Commission.

(5) Executive Order No. 11658, as amended, which established the

Missouri River Basin Commission.

(b) Effective January 1, 1982, Executive Order No. 11659, as

amended, which established the Upper Mississippi River Basin

Commission, is revoked.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962b-5, 6297 of this

title.

-End-

-CITE-

42 USC Sec. 1962b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-1. Membership of commissions; appointment of chairman

-STATUTE-

Each river basin commission shall be composed of members

appointed as follows:

(a) A chairman appointed by the President who shall also serve as

chairman and coordinating officer of the Federal members of the

commission and who shall represent the Federal Government in

Federal-State relations on the commission and who shall not, during

the period of his service on the commission, hold any other

position as an officer or employee of the United States, except as

a retired officer or retired civilian employee of the Federal

Government;

(b) One member from each Federal department or independent agency

determined by the President to have a substantial interest in the

work to be undertaken by the commission, such member to be

appointed by the head of such department or independent agency and

to serve as the representative of such department or independent

agency;

within the area, river basin, or group of river basins for which

the commission is established, and the appointment of each such

member shall be made in accordance with the laws of the State which

he represents. In the absence of governing provisions of State law,

such State members shall be appointed and serve at the pleasure of

the Governor;

(d) One member appointed by any interstate agency created by an

interstate compact to which the consent of Congress has been given,

and whose jurisdiction extends to the waters of the area, river

basin, or group of river basins for which the river basin

commission is created;

(e) When deemed appropriate by the President, one member, who

shall be appointed by the President, from the United States section

of any international commission created by a treaty to which the

consent of the Senate has been given, and whose jurisdiction

extends to the waters of the area, river basin, or group of river

basins for which the river basin commission is established.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 202, July 22, 1965, 79 Stat. 247.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962b-5 of this title.

-End-

-CITE-

42 USC Sec. 1962b-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-2. Organization of commissions

-STATUTE-

(a) Commencement of functions; transfer of property, assets, and

records upon termination of commission; availability of studies,

data, and other materials to participants

Each river basin commission shall organize for the performance of

its functions within ninety days after the President shall have

declared the establishment of such commission, subject to the

availability of funds for carrying on its work. A commission shall

terminate upon decision of the Council or agreement of a majority

of the States composing the commission. Upon such termination, all

property, assets, and records of the commission shall thereafter be

turned over to such agencies of the United States and the

participating States as shall be appropriate in the circumstances:

Provided, That studies, data, and other materials useful in water

and related land resources planning to any of the participants

shall be kept freely available to all such participants.

(b) Vice chairman; State election; State representation

State members of each commission shall elect a vice chairman, who

shall serve also as chairman and coordinating officer of the State

members of the commission and who shall represent the State

governments in Federal-State relations on the commission.

Vacancies in a commission shall not affect its powers but shall

be filled in the same manner in which the original appointments

were made: Provided, That the chairman and vice chairman may

designate alternates to act for them during temporary absences.

(d) Consensus of members on issues; opportunities for individual

views; record of position of chairman and vice chairman; final

authority on procedural questions

In the work of the commission every reasonable endeavor shall be

made to arrive at a consensus of all members on all issues; but

failing this, full opportunity shall be afforded each member for

the presentation and report of individual views: Provided, That at

any time the commission fails to act by reason of absence of

consensus, the position of the chairman, acting in behalf of the

Federal members, and the vice chairman, acting upon instructions of

the State members, shall be set forth in the record: Provided

further, That the chairman, in consultation with the vice chairman,

shall have the final authority, in the absence of an applicable

by-law adopted by the commission or in the absence of a consensus,

to fix the times and places for meetings, to set deadlines for the

submission of annual and other reports, to establish subcommittees,

and to decide such other procedural questions as may be necessary

for the commission to perform its functions.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 203, July 22, 1965, 79 Stat. 248.)

-End-

-CITE-

42 USC Sec. 1962b-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-3. Duties of commissions

-STATUTE-

Each river basin commission shall -

(1) engage in such activities and make such studies and

investigations as are necessary and desirable in carrying out the

policy set forth in section 1962 of this title and in

accomplishing the purposes set forth in section 1962b(b) of this

title;

(2) submit to the Council and the Governor of each

participating State a report on its work at least once each year.

Such report shall be transmitted through the President to the

Congress. After such transmission, copies of any such report

shall be sent to the heads of such Federal, State, interstate,

and international agencies as the President or the Governors of

the participating States may direct;

(3) submit to the Council for transmission to the President and

by him to the Congress, and the Governors and the legislatures of

the participating States a comprehensive, coordinated, joint

plan, or any major portion thereof or necessary revisions

thereof, for water and related land resources development in the

area, river basin, or group of river basins for which such

commission was established. Before the commission submits such a

plan or major portion thereof or revision thereof to the Council,

it shall transmit the proposed plan or revision to the head of

each Federal department or agency, the Governor of each State,

and each interstate agency, from which a member of the commission

has been appointed, and to the head of the United States section

of any international commission if the plan, portion or revision

deals with a boundary water or a river crossing a boundary, or

any tributary flowing into such boundary water or river, over

which the international commission has jurisdiction or for which

it has responsibility. Each such department and agency head,

Governor, interstate agency, and United States section of an

international commission shall have ninety days from the date of

the receipt of the proposed plan, portion, or revision to report

its views, comments, and recommendations to the commission. The

commission may modify the plan, portion, or revision after

considering the reports so submitted. The views, comments, and

recommendations submitted by each Federal department or agency

head, Governor, interstate agency, and United States section of

an international commission shall be transmitted to the Council

with the plan, portion, or revision; and

(4) submit to the Council at the time of submitting such plan,

any recommendations it may have for continuing the functions of

the commission and for implementing the plan, including means of

keeping the plan up to date.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 204, July 22, 1965, 79 Stat. 248.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in par.

(2) of this section relating to transmittal of reports to Congress,

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance, and item 5 on

page 40 of House Document No. 103-7.

UPPER MISSISSIPPI RIVER SYSTEM COMPREHENSIVE MASTER MANAGEMENT PLAN

Pub. L. 95-502, title I, Sec. 101, Oct. 21, 1978, 92 Stat. 1693,

as amended by Pub. L. 99-662, title XI, Sec. 1103(c)(2), Nov. 17,

1986, 100 Stat. 4226, which provided for the development, revision,

and implementation of the Upper Mississippi River System

comprehensive master management plan by the Upper Mississippi River

Basin Commission, was omitted in view of the termination of the

Upper Mississippi River Basin Commission on Dec. 31, 1981, pursuant

to section 1(f) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R.

45591, set out as a note under section 1962b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962a-3 of this title.

-End-

-CITE-

42 USC Sec. 1962b-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-4. Administrative provisions

-STATUTE-

(a) Hearings, proceedings, evidence, reports; office space; use of

mails; personnel, consultants, and professional service

contracts; personnel from other agencies; retirement and employee

benefit system for personnel without coverage; motor vehicles;

necessary expenses; other powers

For the purpose of carrying out the provisions of this

subchapter, each river basin commission may -

(1) hold such hearings, sit and act at such times and places,

take such testimony, receive such evidence, and print or

otherwise reproduce and distribute so much of its proceedings and

reports thereon as it may deem advisable;

(2) acquire, furnish, and equip such office space as is

necessary;

(3) use the United States mails in the same manner and upon the

same conditions as departments and agencies of the United States;

(4) employ and compensate such personnel as it deems advisable,

including consultants, at rates not in excess of the daily

equivalent of the rate prescribed for grade GS-18 under section

5332 of title 5, and retain and compensate such professional or

technical service firms as it deems advisable on a contract

basis;

(5) arrange for the services of personnel from any State or the

United States, or any subdivision or agency thereof, or any

intergovernmental agency;

(6) make arrangements, including contracts, with any

participating government, except the United States or the

District of Columbia, for inclusion in a suitable retirement and

employee benefit system of such of its personnel as may not be

eligible for or continuing in another governmental retirement or

employee benefit system, or otherwise provide for such coverage

of its personnel;

(7) purchase, hire, operate, and maintain passenger motor

vehicles; and

(8) incur such necessary expenses and exercise such other

powers as are consistent with and reasonably required to perform

its functions under this chapter.

(b) Oaths

The chairman of a river basin commission, or any member of such

commission designated by the chairman thereof for the purpose, is

authorized to administer oaths when it is determined by a majority

of the commission that testimony shall be taken or evidence

received under oath.

To the extent permitted by law, all appropriate records and

papers of each river basin commission shall be made available for

public inspection during ordinary office hours.

(d) Information and personnel from other Federal agencies

Upon request of the chairman of any river basin commission, or

any member or employee of such commission designated by the

chairman thereof for the purpose, the head of any Federal

department or agency is authorized (1) to furnish to such

commission such information as may be necessary for carrying out

its functions and as may be available to or procurable by such

department or agency, and (2) to detail to temporary duty with such

commission on a reimbursable basis such personnel within his

administrative jurisdiction as it may need or believe to be useful

for carrying out its functions, each such detail to be without loss

of seniority, pay, or other employee status.

(e) Responsibility for personnel and funds

The chairman of each river basin commission shall, with the

concurrence of the vice chairman, appoint the personnel employed by

such commission, and the chairman shall, in accordance with the

general policies of such commission with respect to the work to be

accomplished by it and the timing thereof, be responsible for (1)

the supervision of personnel employed by such commission, (2) the

assignment of duties and responsibilities among such personnel, and

(3) the use and expenditure of funds available to such commission.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 205, July 22, 1965, 79 Stat. 249;

Pub. L. 94-112, Sec. 1(c), Oct. 16, 1975, 89 Stat. 575.)

-MISC1-

AMENDMENTS

1975 - Subsec. (a)(4). Pub. L. 94-112 substituted "not in excess

of the daily equivalent of the rate prescribed for grade GS-18

under section 5332 of title 5" for "not to exceed $100 per diem".

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 1962b-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-5. Compensation of members and chairmen

-STATUTE-

(a) Additional compensation prohibited to members appointed from

Federal departments, agencies, and international commissions

Any member of a river basin commission appointed pursuant to

section 1962b-1(b) and (e) of this title shall receive no

additional compensation by virtue of his membership on the

commission, but shall continue to receive, from appropriations made

for the agency from which he is appointed, the salary of his

regular position when engaged in the performance of the duties

vested in the commission.

(b) Compensation of members from States and interstate agencies

Members of a commission, appointed pursuant to section 1962b-1(c)

and (d) of this title, shall each receive such compensation as may

be provided by the States or the interstate agency respectively,

which they represent.

The per annum compensation of the chairman of each river basin

commission shall be determined by the President, but when employed

on a full-time annual basis shall not exceed the maximum scheduled

rate for grade GS-18 or when engaged in the performance of the

commission's duties on an intermittent basis such compensation

shall be not more than $100 per day and shall not exceed $12,000 in

any year.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 206, July 22, 1965, 79 Stat. 250.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 1962b-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER II - RIVER BASIN COMMISSIONS

-HEAD-

Sec. 1962b-6. Expenses of commissions

-STATUTE-

(a) Federal share; apportionment of remainder; annual budget;

estimates of proposed Federal appropriations; advances against

delayed State appropriations; credit to account in the Treasury

Each commission shall recommend what share of its expenses shall

be borne by the Federal Government, but such share shall be subject

to approval by the Council. The remainder of the commission's

expenses shall be otherwise apportioned as the commission may

determine. Each commission shall prepare a budget annually and

transmit it to the Council and the States. Estimates of proposed

appropriations from the Federal Government shall be included in the

budget estimates submitted by the Council under chapter 11 of title

31, and may include an amount for advance to a commission against

State appropriations for which delay is anticipated by reason of

later legislative sessions. All sums appropriated to or otherwise

received by a commission shall be credited to the commission's

account in the Treasury of the United States.

(b) Acceptance, reception, utilization, and disposal of

appropriations, donations, and grants

A commission may accept for any of its purposes and functions

appropriations, donations, and grants of money, equipment,

supplies, materials, and services from any State or the United

States or any subdivision or agency thereof, or intergovernmental

agency, and may receive, utilize, and dispose of the same.

in annual report

The commission shall keep accurate accounts of all receipts and

disbursements. The accounts shall be audited at least annually in

accordance with generally accepted auditing standards by

independent certified or licensed public accountants, certified or

licensed by a regulatory authority of a State, and the report of

the audit shall be included in and become a part of the annual

report of the commission.

(d) Inspection of accounts

The accounts of the commission shall be open at all reasonable

times for inspection by representatives of the jurisdictions and

agencies which make appropriations, donations, or grants to the

commission.

-SOURCE-

(Pub. L. 89-80, title II, Sec. 207, July 22, 1965, 79 Stat. 250.)

-COD-

CODIFICATION

In subsec. (a), "chapter 11 of title 31" substituted for "the

Budget and Accounting Act of 1921, as amended [31 U.S.C. 1 et

seq.]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,

96 Stat. 1067, the first section of which enacted Title 31, Money

and Finance.

-End-

-CITE-

42 USC SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES

FOR COMPREHENSIVE PLANNING GRANT

AUTHORIZATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-End-

-CITE-

42 USC Sec. 1962c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c. Authorization of appropriations; coordination of

related Federal planning assistance programs; utilization of

Federal agencies administering programs contributing to water

resources planning

-STATUTE-

(a) In recognition of the need for increased participation by the

States in water and related land resources planning to be

effective, there are hereby authorized to be appropriated to the

Council, $3,000,000 for fiscal year 1979 for grants to States to

assist them in developing and participating in the development of

comprehensive water and related land resources plans.

(b) The Council, with the approval of the President, shall

prescribe such rules, establish such procedures, and make such

arrangements and provisions relating to the performance of its

functions under this subchapter, and the use of funds available

therefor, as may be necessary in order to assure (1) coordination

of the program authorized by this subchapter with related Federal

planning assistance programs, including the program authorized

under section 701 of the Housing Act of 1954 (!1) and (2)

appropriate utilization of other Federal agencies administering

programs which may contribute to achieving the purpose of this

chapter.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 301, July 22, 1965, 79 Stat. 251;

Pub. L. 94-112, Sec. 1(d), Oct. 16, 1975, 89 Stat. 575; Pub. L.

95-404, Sec. 1(d), Sept. 30, 1978, 92 Stat. 864.)

-REFTEXT-

REFERENCES IN TEXT

Section 701 of the Housing Act of 1954, referred to in subsec.

(b), is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640,

which was classified to section 461 of former Title 40, Public

Buildings, Property, and Works, and was repealed by Pub. L. 97-35,

title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-404 substituted "$3,000,000 for

fiscal year 1979" for "for fiscal years 1977 and 1978, $5,000,000

in each such year".

1975 - Subsec. (a). Pub. L. 94-112 substituted "for fiscal years

1977 and 1978," for "for the next fiscal year beginning after July

22, 1965, and for the nine succeeding fiscal years thereafter,".

INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER BENEFITS FOR FEDERAL

EMPLOYEES

For authority for payment of increases in salary and other

Federal employee benefits, see section 1(e) of Pub. L. 95-404, set

out as a note under section 1962d of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1962c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-1. Allotments to States: basis, population and land area

determinations; payments to States: amount

-STATUTE-

(a) From the sums appropriated pursuant to section 1962c of this

title for any fiscal year the Council shall from time to time make

allotments to the States, in accordance with its regulations, on

the basis of (1) the population, (2) the land area, (3) the need

for comprehensive water and related land resources planning

programs, and (4) the financial need of the respective States. For

the purposes of this section the population of the States shall be

determined on the basis of the latest estimates available from the

Department of Commerce and the land area of the States shall be

determined on the basis of the official records of the United

States Geological Survey.

(b) From each State's allotment under this section for any fiscal

year the Council shall pay to such State an amount which is not

more than 50 per centum of the cost of carrying out its State

program approved under section 1962c-2 of this title, including the

cost of training personnel for carrying out such program and the

cost of administering such program.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 302, July 22, 1965, 79 Stat. 251.)

-End-

-CITE-

42 USC Sec. 1962c-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-2. State programs; approval by Council; submission;

requirements; notice and hearing prior to disapproval

-STATUTE-

The Council shall approve any program for comprehensive water and

related land resources planning which is submitted by a State, if

such program -

(1) provides for comprehensive planning with respect to

intrastate or interstate water resources, or both, in such State

to meet the needs for water and water-related activities taking

into account prospective demands for all purposes served through

or affected by water and related land resources development, with

adequate provision for coordination with all Federal, State, and

local agencies, and nongovernmental entities having

responsibilities in affected fields;

(2) provides, where comprehensive statewide development

planning is being carried on with or without assistance under

section 701 of the Housing Act of 1954 (!1) or under the Land and

Water Conservation Fund Act of 1965 [16 U.S.C. 460l-4 et seq.],

for full coordination between comprehensive water resources

planning and other statewide planning programs and for assurances

that such water resources planning will be in conformity with the

general development policy in such State;

(3) designates a State agency (hereinafter referred to as the

"State agency") to administer the program;

(4) provides that the State agency will make such reports in

such form and containing such information as the Council from

time to time reasonably requires to carry out its functions under

this subchapter;

(5) sets forth the procedure to be followed in carrying out the

State program and in administering such program; and

(6) provides such accounting, budgeting, and other fiscal

methods and procedures as are necessary for keeping appropriate

accountability of the funds and for the proper and efficient

administration of the program.

The Council shall not disapprove any program without first giving

reasonable notice and opportunity for hearing to the State agency

administering such program.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 303, July 22, 1965, 79 Stat. 252.)

-REFTEXT-

REFERENCES IN TEXT

Section 701 of the Housing Act of 1954, referred to in par. (2),

is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which

was classified to section 461 of former Title 40, Public Buildings,

Property, and Works, and was repealed by Pub. L. 97-35, title III,

Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.

The Land and Water Conservation Fund Act of 1965, referred to in

par. (2), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation.

For complete classification of this Act to the Code, see Short

Title note set out under section 460l-4 of Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962c-1, 1962c-3 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1962c-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-3. Noncompliance; curtailing of payments

-STATUTE-

Whenever the Council after reasonable notice and opportunity for

hearing to a State agency finds that -

(a) the program submitted by such State and approved under

section 1962c-2 of this title has been so changed that it no

longer complies with a requirement of such section; or

(b) in the administration of the program there is a failure to

comply substantially with such a requirement,

the Council shall notify such agency that no further payments will

be made to the State under this subchapter until it is satisfied

that there will no longer be any such failure. Until the Council is

so satisfied, it shall make no further payments to such State under

this subchapter.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 304, July 22, 1965, 79 Stat. 252.)

-End-

-CITE-

42 USC Sec. 1962c-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-4. Payments to States; computation of amount

-STATUTE-

The method of computing and paying amounts pursuant to this

subchapter shall be as follows:

(1) The Council shall, prior to the beginning of each calendar

quarter or other period prescribed by it, estimate the amount to

be paid to each State under the provisions of this subchapter for

such period, such estimate to be based on such records of the

State and information furnished by it, and such other

investigation, as the Council may find necessary.

(2) The Council shall pay to the State, from the allotment

available therefor, the amount so estimated by it for any period,

reduced or increased, as the case may be, by any sum (not

previously adjusted under this paragraph) by which it finds that

its estimate of the amount to be paid such State for any prior

period under this subchapter was greater or less than the amount

which should have been paid to such State for such prior period

under this subchapter. Such payments shall be made through the

disbursing facilities of the Treasury Department, at such times

and in such installments as the Council may determine.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 305, July 22, 1965, 79 Stat. 253.)

-End-

-CITE-

42 USC Sec. 1962c-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-5. "State" defined

-STATUTE-

For the purpose of this subchapter the term "State" means a

State, the District of Columbia, Puerto Rico, the Virgin Islands or

Guam.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 306, July 22, 1965, 79 Stat. 253;

Pub. L. 94-285, Sec. 2, May 12, 1976, 90 Stat. 516.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-285 inserted reference to Guam.

-End-

-CITE-

42 USC Sec. 1962c-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER III - FINANCIAL ASSISTANCE TO STATES FOR COMPREHENSIVE

PLANNING GRANT AUTHORIZATIONS

-HEAD-

Sec. 1962c-6. Records; audit and examination

-STATUTE-

(a) Each recipient of a grant under this chapter shall keep such

records as the Chairman of the Council shall prescribe, including

records which fully disclose the amount and disposition of the

funds received under the grant, and the total cost of the project

or undertaking in connection with which the grant was made and the

amount and nature of that portion of the cost of the project or

undertaking supplied by other sources, and such other records as

will facilitate an effective audit.

(b) The Chairman of the Council and the Comptroller General of

the United States, or any of their duly authorized representatives,

shall have access for the purpose of audit and examination to any

books, documents, papers, and records of the recipient of the grant

that are pertinent to the determination that funds granted are used

in accordance with this chapter.

-SOURCE-

(Pub. L. 89-80, title III, Sec. 307, July 22, 1965, 79 Stat. 253.)

-End-

-CITE-

42 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 1962d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d. Authorization of appropriations to the Water Resources

Council

-STATUTE-

There are authorized to be appropriated to the Water Resources

Council:

(a) Limitation for single river basin commission

The sum of $2,886,000 for fiscal year 1979 for the Federal

share of the expenses of administration and operation of river

basin commissions, including salaries and expenses of the

chairmen, but not including funds authorized by subsection (c)

below: Provided, That not more than $750,000 annually shall be

available under this subsection for any single river basin

commission;

(b) Limitation on the expenses of the Water Resources Council

the (!1) sum of $2,668,000 for fiscal year 1979 for the

expenses of the Water Resources Council in administering this

chapter, not including funds authorized by subsection (c) below;

certain studies and for assessments and plans

The sum of $3,179,900 for fiscal year 1979 for preparation of

assessments, and for directing and coordinating the preparation

of such river basin plans as the Council determines are necessary

and desirable in carrying out the policy of this chapter:

Provided, That $828,900 shall be available under this subsection

for preparation of the Columbia River Estuary Special Study:

Provided further, That $308,000 shall be available under this

subsection for preparation of the New England Port and Harbor

Study and $135,000 shall be available for completion of the

Hudson River Basin Level B Study: Provided further, That $150,000

shall be available under this subsection for completion of Case

Studies of the Application of Cost Sharing Policy Options for

Flood Plain Management in the Connecticut River Basin: Provided

further, That not more than $2,500,000 shall be available under

this subsection for the preparation of assessments: Provided

further, That the Council may transfer funds authorized by this

subsection to river basin commissions and to Federal and State

agencies upon such terms and conditions as it determines are

necessary and desirable to carry out the above functions in an

economical, efficient, and timely manner, and that such

commissions and agencies are hereby authorized to receive and

expend such funds pursuant to this subsection.

-SOURCE-

(Pub. L. 89-80, title IV, Sec. 401, July 22, 1965, 79 Stat. 253;

Pub. L. 90-547, Oct. 2, 1968, 82 Stat. 935; Pub. L. 92-27, June 17,

1971, 85 Stat. 77; Pub. L. 92-396, Aug. 20, 1972, 86 Stat. 578;

Pub. L. 93-55, July 1, 1973, 87 Stat. 140; Pub. L. 94-112, Sec.

1(e), Oct. 16, 1975, 89 Stat. 575; Pub. L. 94-285, Sec. 1, May 12,

1976, 90 Stat. 516; Pub. L. 95-41, Sec. 1, June 6, 1977, 91 Stat.

209; Pub. L. 95-404, Sec. 1(a)-(c), Sept. 30, 1978, 92 Stat. 864.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-404, Sec. 1(a), substituted "The

sum of $2,886,000 for fiscal year 1979" for "not to exceed

$6,000,000 for fiscal year 1978".

Subsec. (b). Pub. L. 95-404, Sec. 1(b), substituted "the sum of

$2,668,000 for fiscal year 1979" for "not to exceed $2,000,000 for

fiscal year 1978".

Subsec. (c). Pub. L. 95-404, Sec. 1(c), substituted "The sum of

$3,179,900 for fiscal year 1979" for "not to exceed the sum of

$3,905,000 for fiscal year 1978" and inserted provisions making

available the sums of $828,900 for the Columbia River Estuary

Special Study, $308,000 for the New England Port and Harbor Study,

$135,000 for the Hudson River Basin Level B Study, and $150,000 for

the Case Studies of the Application of Cost Sharing Policy Options

for Flood Plan Management in the Connecticut River Basin.

1977 - Subsecs. (a), (b). Pub. L. 95-41, Sec. 1(b), (c),

substituted "for fiscal year 1978" for "annually".

Subsec. (c). Pub. L. 95-41, Sec. 1(a), substituted "not to exceed

the sum of $3,905,000 for fiscal year 1978" for "not to exceed a

total of $10,000,000 for fiscal years 1976 and 1977".

1976 - Subsec. (b). Pub. L. 94-285 substituted "$2,000,000" for

"$1,500,000".

1975 - Subsec. (c). Pub. L. 94-112 substituted "not to exceed a

total of $10,000,000 for fiscal years 1976 and 1977" for "not to

exceed $3,500,000 annually for fiscal years 1974 and 1975".

1973 - Subsec. (c). Pub. L. 93-55 substituted "annually for

fiscal years 1974 and 1975" for "in fiscal year 1973 and such

annual amounts as may be authorized by subsequent Acts".

1972 - Pub. L. 92-396 authorized appropriations to the Water

Resources Council, and in subsec. (a), substituted "chairmen" for

"chairman", in subsec. (b) inserted "not including funds authorized

by subsection (c) below", and added subsec. (c).

1971 - Pub. L. 92-27 substituted appropriation authorization of

$6,000,000 annually for Federal share of expenses of administration

and operation of river basin commissions, including salaries and

expenses of chairman, for former provisions for annual

appropriation authorization of $500,000; $6,000,000; and $400,000

for subchapters I, II, and III of this chapter and authorize

appropriation of $1.5 million annually for administration expenses

of Water Resources Council.

1968 - Pub. L. 90-547 increased authorization for appropriations

to carry out provisions of subchapter I of this chapter from not to

exceed $300,000 annually to not to exceed $500,000 annually.

INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER BENEFITS FOR FEDERAL

EMPLOYEES

Section 1(e) of Pub. L. 95-404 provided that: "Appropriations

authorized by this Act [amending sections 1962c and 1962d of this

title] for salary, pay, retirement, or other benefits for Federal

employees may be increased by such additional or supplemental

amounts as may be necessary for increases authorized by law."

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 1962d-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-1. Rules and regulations

-STATUTE-

The Council is authorized to make such rules and regulations as

it may deem necessary or appropriate for carrying out those

provisions of this chapter which are administered by it.

-SOURCE-

(Pub. L. 89-80, title IV, Sec. 402, July 22, 1965, 79 Stat. 254.)

-End-

-CITE-

42 USC Sec. 1962d-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-2. Delegation of functions

-STATUTE-

The Council is authorized to delegate to any member or employee

of the Council its administrative functions under section 1962a-4

of this title and the detailed administration of the grant program

under subchapter III of this chapter.

-SOURCE-

(Pub. L. 89-80, title IV, Sec. 403, July 22, 1965, 79 Stat. 254.)

-End-

-CITE-

42 USC Sec. 1962d-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-3. Utilization of personnel

-STATUTE-

The Council may, with the consent of the head of any other

department or agency of the United States, utilize such officers

and employees of such agency on a reimbursable basis as are

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 89-80, title IV, Sec. 404, July 22, 1965, 79 Stat. 254.)

-End-

-CITE-

42 USC Sec. 1962d-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-4. Northeastern United States water supply

-STATUTE-

(a) Plans for Federal construction, operation, and maintenance of

reservoir system within certain river basins and conveyance and

purification facilities through cooperation of Secretary of the

Army and government agencies; financial participation of States

Congress hereby recognizes that assuring adequate supplies of

water for the great metropolitan centers of the United States has

become a problem of such magnitude that the welfare and prosperity

of this country require the Federal Government to assist in the

solution of water supply problems. Therefore, the Secretary of the

Army, acting through the Chief of Engineers, is authorized to

cooperate with Federal, State, and local agencies in preparing

plans in accordance with the Water Resources Planning Act [42

U.S.C. 1962 et seq.] to meet the long-range water needs of the

northeastern United States. This plan may provide for the

construction, operation, and maintenance by the United States of

(1) a system of major reservoirs to be located within those river

basins of the northeastern United States which drain into the

Chesapeake Bay, those that drain into the Atlantic Ocean north of

the Chesapeake Bay, those that drain into Lake Ontario, and those

that drain into the Saint Lawrence River, (2) major conveyance

facilities by which water may be exchanged between these river

basins to the extent found desirable in the national interest, and

(3) major purification facilities. Such plans shall provide for

appropriate financial participation by the States, political

subdivisions thereof, and other local interests.

(b) Construction, operation, and maintenance of reservoirs and

conveyance and purification facilities

The Secretary of the Army, acting through the Chief of Engineers,

shall construct, operate, and maintain those reservoirs, conveyance

facilities, and purification facilities, which are recommended in

the plan prepared in accordance with subsection (a) of this

section, and which are specifically authorized by law enacted after

October 27, 1965.

Each reservoir included in the plan authorized by this section

shall be considered as a component of a comprehensive plan for the

optimum development of the river basin in which it is situated, as

well as a component of the plan established in accordance with this

section.

-SOURCE-

(Pub. L. 89-298, title I, Sec. 101, Oct. 27, 1965, 79 Stat. 1073.)

-REFTEXT-

REFERENCES IN TEXT

The Water Resources Planning Act, referred to in subsec. (a), is

Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is

classified generally to this chapter (Sec. 1962 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 1962 of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as a part of the Water Resources Planning

Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962d-10 of this title.

-End-

-CITE-

42 USC Sec. 1962d-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5. Water resources development projects involving

navigation, flood control, and shore protection

-STATUTE-

(a) Construction, operation, and maintenance; limitation on

estimated Federal first cost of construction; Congressional

committee approval of projects; reports to Congress

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to construct, operate, and maintain any water

resource development project, including single and multiple purpose

projects involving, but not limited to, navigation, flood control,

and shore protection, if the estimated Federal first cost of

constructing such project is less than $15,000,000. No

appropriation shall be made to construct, operate, or maintain any

such project if such project has not been approved by resolutions

adopted by the Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the

House of Representatives, respectively. For the purpose of securing

consideration of such approval the Secretary shall transmit to

Congress a report of such proposed project, including all relevant

data and all costs.

(b) Local cooperation requirements based on certain estimated

Federal first cost of construction

Any water resource development project authorized to be

constructed by this section shall be subject to the same

requirements of local cooperation as it would be if the estimated

Federal first cost of such project were $15,000,000 or more.

-SOURCE-

(Pub. L. 89-298, title II, Sec. 201, Oct. 27, 1965, 79 Stat. 1073;

Pub. L. 94-587, Sec. 131, Oct. 22, 1976, 90 Stat. 2928; Pub. L.

103-437, Sec. 15(d), Nov. 2, 1994, 108 Stat. 4592.)

-COD-

CODIFICATION

Section was enacted as part of the Flood Control Act of 1965, and

not as part of the Water Resources Planning Act which comprises

this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted "Committee on

Environment and Public Works of the Senate and the Committee on

Public Works and Transportation of the House" for "Committees on

Public Works of the Senate and House".

1976 - Subsec. (a). Pub. L. 94-587, Sec. 131(a), substituted

"$15,000,000" for "$10,000,000".

Subsec. (b). Pub. L. 94-587, Sec. 131(b), substituted

"$15,000,000" for "$10,000,000".

-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.

-MISC2-

LOCAL COOPERATION, STUDY; REPORT TO CONGRESS

Pub. L. 93-251, title I, Sec. 24, Mar. 7, 1974, 88 Stat. 20,

provided that the Secretary of the Army make a study of the items

of local cooperation involving hold and save harmless provisions

which have been required for water resource development projects

under his jurisdiction and report on such study to Congress not

later than June 30, 1975.

LAND AND WATER USE, STUDY; REPORT TO CONGRESS

Pub. L. 93-251, title I, Sec. 25, Mar. 7, 1974, 88 Stat. 20,

provided that the Secretary of the Army conduct a study on land use

practices and recreational uses at water resource development

projects under his jurisdiction and report on such study to

Congress not later than June 30, 1975.

NATIONAL STREAMBANK EROSION PREVENTION AND CONTROL DEMONSTRATION

PROGRAM

Pub. L. 93-251, title I, Sec. 32, Mar. 7, 1974, 88 Stat. 21, as

amended by Pub. L. 94-587, Secs. 155, 161, Oct. 22, 1976, 90 Stat.

2932, 2933, known as the "Streambank Erosion Control Evaluation and

Demonstration Act of 1974", directed the Secretary of the Army,

acting through the Chief of Engineers, to establish and conduct for

a period of five fiscal years a national streambank erosion

prevention and control demonstration program, to consist of an

evaluation of the extent of streambank erosion on navigable rivers

and their tributaries; development of new methods and techniques

for bank protection, research on soil stability, and identification

of the causes of erosion; a report to the Congress on the results

of such studies and the recommendations of the Secretary of the

Army on means for the prevention and correction of streambank

erosion; and demonstration projects, including bank protection

works. The final report to the Congress was to be made by Secretary

of the Army no later than Dec. 31, 1981.

NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION

PROGRAM

Pub. L. 93-251, title I, Sec. 54, Mar. 7, 1974, 88 Stat. 26,

known as the "Shoreline Erosion Control Demonstration Act of 1974",

directed the Secretary of the Army, acting through the Chief of

Engineers, to establish and conduct for a period of five fiscal

years a national shoreline erosion control development and

demonstration program, to consist of planning, constructing,

operating, evaluating, and demonstrating prototype shoreline

erosion control devices, both engineered and vegetative, and to be

carried out in cooperation with the Secretary of Agriculture,

particularly with respect to vegetative means of preventing and

controlling shoreline erosion, and in cooperation with Federal,

State, and local agencies, private organizations, and the Shoreline

Erosion Advisory Panel established pursuant to section 54(d) of

Pub. L. 93-251. The Panel was to expire ninety days after

termination of the five-year program. The Secretary of the Army was

to submit to Congress a final report, sixty days after the fifth

fiscal year of funding, such report to include a comprehensive

evaluation of the national shoreline erosion control development

and demonstration program.

TECHNICAL AND ENGINEERING ASSISTANCE FOR NON-DEVELOPMENT OF EROSION

PREVENTION METHODS

Pub. L. 93-251, title I, Sec. 55, Mar. 7, 1974, 88 Stat. 28,

provided that: "The Secretary of the Army, acting through the Chief

of Engineers, is authorized to provide technical and engineering

assistance to non-Federal public interests in developing structural

and non-structural methods of preventing damages attributable to

shore and streambank erosion."

VISITOR PROTECTION SERVICES, STUDY; REPORT TO CONGRESS

Pub. L. 93-251, title I, Sec. 75, Mar. 7, 1974, 88 Stat. 32,

directed Secretary of the Army to conduct a study on need for and

means of providing visitor protection services at water resource

development projects under jurisdiction of Department of the Army

and report on such study to Congress not later than Dec. 31, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 577b.

-End-

-CITE-

42 USC Sec. 1962d-5a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5a. Reimbursement to States

-STATUTE-

(a) Combination of reimbursement of installation costs and

reduction in contributions; single project limitation

The Secretary of the Army, acting through the Chief of Engineers,

may, when he determines it to be in the public interest, enter into

agreements providing for reimbursement to States or political

subdivisions thereof for work to be performed by such non-Federal

public bodies at water resources development projects authorized

for construction under the Secretary of the Army and the

supervision of the Chief of Engineers. Such agreements may provide

for reimbursement of installation costs incurred by such entities

or an equivalent reduction in the contributions they would

otherwise be required to make, or in appropriate cases, for a

combination thereof. The amount of Federal reimbursement, including

reductions in contributions, for a single project shall not exceed

$5,000,000 or 1 percent of the total project cost, whichever is

greater; except that the amount of actual Federal reimbursement,

including reductions in contributions, for such project may not

exceed $5,000,000 in any fiscal year.

(b) Agreement provisions; termination of agreement for failure to

commence work

Agreements entered into pursuant to this section shall (1) fully

describe the work to be accomplished by the non-Federal public

body, and be accompanied by an engineering plan if necessary

therefor; (2) specify the manner in which such work shall be

carried out; (3) provide for necessary review of design and plans,

and inspection of the work by the Chief of Engineers or his

designee; (4) state the basis on which the amount of reimbursement

shall be determined; (5) state that such reimbursement shall be

dependent upon the appropriation of funds applicable thereto or

funds available therefor, and shall not take precedence over other

pending projects of higher priority for improvements; and (6)

specify that reimbursement or credit for non-Federal installation

expenditures shall apply only to work undertaken on Federal

projects after project authorization and execution of the

agreement, and does not apply retroactively to past non-Federal

work. Each such agreement shall expire three years after the date

on which it is executed if the work to be undertaken by the

non-Federal public body has not commenced before the expiration of

that period. The time allowed for completion of the work will be

determined by the Secretary of the Army, acting through the Chief

of Engineers, and stated in the agreement.

No reimbursement shall be made, and no expenditure shall be

credited, pursuant to this section, unless and until the Chief of

Engineers or his designee, has certified that the work for which

reimbursement or credit is requested has been performed in

accordance with the agreement.

(d) Beach erosion control projects

Reimbursement for work commenced by non-Federal public bodies no

later than one year after August 13, 1968, to carry out or assist

in carrying out projects for beach erosion control, may be made in

accordance with the provisions of section 426f of title 33.

Reimbursement for such work may, as an alternative, be made in

accordance with the provisions of this section, provided that

agreement required herein shall have been executed prior to

commencement of the work. Expenditures for projects for beach

erosion control commenced by non-Federal public bodies subsequent

to one year after August 13, 1968, may be reimbursed by the

Secretary of the Army, acting through the Chief of Engineers, only

in accordance with the provisions of this section.

(e) Prohibition of construction for Federal assumption of

responsibilities of non-Federal bodies or for Federal liability

for unnecessary or inapplicable project work of such bodies

This section shall not be construed (1) as authorizing the United

States to assume any responsibilities placed upon a non-Federal

body by the conditions of project authorization, or (2) as

committing the United States to reimburse non-Federal interests if

the Federal project is not undertaken or is modified so as to make

the work performed by the non-Federal Public body no longer

applicable.

(f) Allotment limitation for any fiscal year; specific project

reimbursement authorizations

The Secretary of the Army is authorized to allot from any

appropriations hereafter made for civil works, not to exceed

$10,000,000 for any one fiscal year to carry out the provisions of

this section. This limitation does not include specific project

authorizations providing for reimbursement.

-SOURCE-

(Pub. L. 90-483, title II, Sec. 215, Aug. 13, 1968, 82 Stat. 747;

Pub. L. 99-662, title IX, Sec. 913, Nov. 17, 1986, 100 Stat. 4190;

Pub. L. 100-676, Sec. 12, Nov. 17, 1988, 102 Stat. 4025; Pub. L.

104-303, title II, Sec. 224(a), Oct. 12, 1996, 110 Stat. 3697.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, in last sentence,

substituted "$5,000,000" for "$3,000,000" before "or 1 percent" and

"any fiscal year." for "any fiscal year.."

1988 - Subsec. (a). Pub. L. 100-676 inserted before period at end

"or 1 percent of the total project cost, whichever is greater;

except that the amount of actual Federal reimbursement, including

reductions in contributions, for such project may not exceed

$5,000,000 in any fiscal year."

1986 - Subsec. (a). Pub. L. 99-662 substituted "$3,000,000" for

"$1,000,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962d-5b of this title;

title 33 section 2214.

-End-

-CITE-

42 USC Sec. 1962d-5b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5b. Water resources projects; written agreement

requirement

-STATUTE-

(a) Cooperation of non-Federal interest

After December 31, 1970, the construction of any water resources

project, or an acceptable separable element thereof, by the

Secretary of the Army, acting through the Chief of Engineers, or by

a non-Federal interest where such interest will be reimbursed for

such construction under the provisions of section 1962d-5a of this

title or under any other provision of law, shall not be commenced

until each non-Federal interest has entered into a written

agreement with the Secretary of the Army to furnish its required

cooperation for the project or the appropriate element of the

project, as the case may be; except that no such agreement shall be

required if the Secretary determines that the administrative costs

associated with negotiating, executing, or administering the

agreement would exceed the amount of the contribution required from

the non-Federal interest and are less than $25,000. In any such

agreement entered into by a State, or a body politic of the State

which derives its powers from the State constitution, or a

governmental entity created by the State legislature, the agreement

may reflect that it does not obligate future appropriations for

such performance and payment when obligating future appropriations

would be inconsistent with constitutional or statutory limitations

of the State or a political subdivision of the State.

(b) Definition of non-Federal interest

A non-Federal interest shall be a legally constituted public body

with full authority and capability to perform the terms of its

agreement and to pay damages, if necessary, in the event of failure

to perform.

Every agreement entered into pursuant to this section shall be

enforcible in the appropriate district court of the United States.

(d) Nonperformance of terms of agreement by non-Federal interest;

notice; reasonable opportunity for performance; performance by

Chief of Engineers

After commencement of construction of a project, the Chief of

Engineers may undertake performance of those items of cooperation

necessary to the functioning of the project for its purposes, if he

has first notified the non-Federal interest of its failure to

perform the terms of its agreement and has given such interest a

reasonable time after such notification to so perform.

(e) Effective date

This section shall not apply to any project the construction of

which was commenced before January 1, 1972, or to the assurances

for future demands required by the Water Supply Act of 1958, as

amended [43 U.S.C. 390b].

-SOURCE-

(Pub. L. 91-611, title II, Sec. 221, Dec. 31, 1970, 84 Stat. 1831;

Pub. L. 92-222, Sec. 4, Dec. 23, 1971, 85 Stat. 799; Pub. L.

99-662, title IX, Sec. 912(a), Nov. 17, 1986, 100 Stat. 4189; Pub.

L. 104-106, div. A, title X, Sec. 1064(d), Feb. 10, 1996, 110 Stat.

445; Pub. L. 104-303, title II, Sec. 220, Oct. 12, 1996, 110 Stat.

3696; Pub. L. 106-541, title II, Sec. 201, Dec. 11, 2000, 114 Stat.

2587.)

-REFTEXT-

REFERENCES IN TEXT

The Water Supply Act of 1958, as amended, referred to in subsec.

(e), is Pub. L. 85-500, title III, Sec. 301, July 3, 1958, 72 Stat.

319, as amended, which is classified to section 390b of Title 43,

Public Lands.

-COD-

CODIFICATION

Section was enacted as part of the Flood Control Act of 1970, and

not as part of the Water Resources Planning Act which comprises

this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-541 in last sentence, struck out

"State legislative" after "obligate future", substituted

"constitutional" for "State constitutional", and inserted "of the

State or a political subdivision of the State" before period at

end.

1996 - Subsec. (a). Pub. L. 104-303, in first sentence, inserted

before period at end "; except that no such agreement shall be

required if the Secretary determines that the administrative costs

associated with negotiating, executing, or administering the

agreement would exceed the amount of the contribution required from

the non-Federal interest and are less than $25,000".

Subsecs. (e), (f). Pub. L. 104-106 redesignated subsec. (f) as

(e) and struck out former subsec. (e) which read as follows: "The

Secretary of the Army, acting through the Chief of Engineers, shall

maintain a continuing inventory of agreements and the status of

their performance, and shall report thereon annually to the

Congress."

1986 - Subsec. (a). Pub. L. 99-662 inserted ", or an acceptable

separable element thereof,", "or the appropriate element of the

project, as the case may be", and "In any such agreement entered

into by a State, or a body politic of the State which derives its

powers from the State constitution, or a governmental entity

created by the State legislature, the agreement may reflect that it

does not obligate future State legislative appropriations for such

performance and payment when obligating future appropriations would

be inconsistent with State constitutional or statutory

limitations."

1971 - Subsec. (f). Pub. L. 92-222 made provisions of section

inapplicable to the assurances for future demands required by the

Water Supply Act of 1958, as amended.

COMPLIANCE WITH COOPERATION REQUIREMENTS FOR NON-FEDERAL INTERESTS

IN WATER RESOURCES PROJECTS

Section 912(b) of Pub. L. 99-662 provided that:

"(1) The Secretary may require compliance with any requirements

pertaining to cooperation by non-Federal interests in carrying out

any water resources project authorized before, on, or after the

date of enactment of this Act [Nov. 17, 1986].

"(2) Whenever on the basis of any information available to the

Secretary, the Secretary finds that any non-Federal interest is not

providing cooperation required under subsection (a) [amending this

section], the Secretary shall issue an order requiring such

non-Federal interest to provide such cooperation. After notice and

opportunity for a hearing, if the Secretary finds that any person

is violating an order issued under this section [amending this

section], such person shall be subject to a civil penalty not to

exceed $10,000 per day of such violation, except that the total

amount of civil penalties for any violation shall not exceed

$50,000.

"(3) Non-Federal interests shall be liable for interest on any

payments required pursuant to section 221 of the Flood Control Act

of 1970 [this section] that may fall delinquent. The interest rate

to be charged on any such delinquent payment shall be at a rate, to

be determined by the Secretary of the Treasury, equal to 150

percent of the average bond equivalent rate of the thirteen-week

Treasury bills auctioned immediately prior to the date on which

such payment became delinquent, or auctioned immediately prior to

the beginning of each additional three-month period if the period

of delinquency exceeds three months.

"(4) The Secretary may request the Attorney General to bring a

civil action for appropriate relief, including permanent or

temporary injunction, for any violation of an order issued under

this section, to collect a civil penalty imposed under this

section, to recover any cost incurred by the Secretary in

undertaking performance of any item of cooperation under section

221(d) of the Flood Control Act of 1970 [subsec. (d) of this

section], or to collect interest for which a non-Federal interest

is liable under paragraph (3). Any action under this subsection may

be brought in the district court of the United States for the

district in which the defendant is located or resides, or is doing

business, and such court shall have jurisdiction to restrain such

violation, to require compliance, to require payment of any civil

penalty imposed under this section, and to require payment of any

costs incurred by the Secretary in undertaking performance of any

such item.

"(5) The Secretary is authorized to determine that no funds

appropriated for operation and maintenance, including operation and

maintenance of the project for flood control, Mississippi River and

Tributaries, are to be used for the particular benefit of projects

within the jurisdiction of any non-Federal interest when such

non-Federal interest is in arrears for more than twenty-four months

in the payment of charges due under an agreement entered into with

the United States pursuant to section 221 of the Flood Control Act

of 1970 (Public Law 91-611) [this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962d-22 of this title;

title 33 sections 1272, 2211, 2213, 2241, 2309a, 2326, 2330, 2903.

-End-

-CITE-

42 USC Sec. 1962d-5c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5c. Non-Federal public bodies, installment construction

payments

-STATUTE-

(a) Annual installments during period of construction in absence of

other provision for extended repayment

In connection with any water resource development project,

heretofore, herein, or hereafter authorized to be undertaken by the

Secretary of the Army, the construction of which has not been

initiated as of March 7, 1974, where authorization requires that

non-Federal public bodies make an agreed-upon cash contribution as

part of their reimbursement to the Federal Government for

construction costs, or a specific portion of the construction

costs, and where there exists no other provision of law which would

permit extended repayment for the construction costs or such

specific portion of the construction costs involved, such

non-Federal public bodies may make such repayment in annual

installments during the period of construction.

(b) Cost sharing; modification

Upon the request of affected non-Federal public bodies, the

Secretary of the Army is authorized to modify existing cost sharing

agreements in order to effectuate the provisions of subsection (a)

of this section.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 40, Mar. 7, 1974, 88 Stat. 23.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1974, and not as part of the Water Resources Planning Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1962d-5d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5d. Authorization of Secretary of the Army to contract

with States and political subdivisions for increased law

enforcement services during peak visitation periods;

authorization of appropriations

-STATUTE-

(a) The Secretary of the Army, acting through the Chief of

Engineers, is authorized to contract with States and their

political subdivisions for the purpose of obtaining increased law

enforcement services at water resources development projects under

the jurisdiction of the Secretary of the Army to meet needs during

peak visitation periods.

(b) There is authorized to be appropriated $10,000,000 per fiscal

year for each fiscal year beginning after September 30, 1986, to

carry out this section.

-SOURCE-

(Pub. L. 94-587, Sec. 120, Oct. 22, 1976, 90 Stat. 2924; Pub. L.

99-662, title IX, Sec. 920, Nov. 17, 1986, 100 Stat. 4193.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-662 amended subsec. (b) generally,

substituting "$10,000,000 per fiscal year for each fiscal year

beginning after September 30, 1986" for "$6,000,000 per fiscal year

for the fiscal years ending September 30, 1978, and September 30,

1979".

-End-

-CITE-

42 USC Sec. 1962d-5e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5e. Wetland areas

-STATUTE-

(a) Authorization of Secretary of the Army to plan and establish

wetland areas; criteria for establishment

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to plan and establish wetland areas as part of an

authorized water resources development project under his

jurisdiction. Establishment of any wetland area in connection with

the dredging required for such a water resources development

project may be undertaken in any case where the Chief of Engineers

in his judgment finds that -

(1) environmental, economic, and social benefits of the wetland

area justifies the increased cost thereof above the cost required

for alternative methods of disposing of dredged material for such

project; and

(2) the increased cost of such wetland area will not exceed

$400,000; and

(3) there is reasonable evidence that the wetland area to be

established will not be substantially altered or destroyed by

natural or man-made causes.

(b) Reports to Congress

Whenever the Secretary of the Army, acting through the Chief of

Engineers, submits to Congress a report on a water resources

development project after October 22, 1976, such report shall

include, where appropriate, consideration of the establishment of

wetland areas.

In the computation of benefits and cost of any water resources

development project the benefits of establishing of any wetland

area shall be deemed to be at least equal to the cost of

establishing such area. All costs of establishing a wetland area

shall be borne by the United States.

-SOURCE-

(Pub. L. 94-587, Sec. 150, Oct. 22, 1976, 90 Stat. 2931.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1962d-5f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5f. Beach nourishment

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to provide periodic beach nourishment in the case of

each water resources development project where such nourishment has

been authorized for a limited period for such additional period as

he determines necessary but in no event shall such additional

period extend beyond the fiftieth year which begins after the date

of initiation of construction of such project.

-SOURCE-

(Pub. L. 94-587, Sec. 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L.

99-662, title IX, Sec. 934, Nov. 17, 1986, 100 Stat. 4197.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 substituted "fiftieth" for "fifteenth".

-End-

-CITE-

42 USC Sec. 1962d-5g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-5g. Hydroelectric power resources

-STATUTE-

(a) Study; plan

The Secretary of the Army, acting through the Chief of Engineers,

is authorized and directed to conduct a study of the most efficient

methods of utilizing the hydroelectric power resources at water

resource development projects under the jurisdiction of the

Secretary of the Army and to prepare a plan based upon the findings

of such study. Such study shall include, but not be limited to, an

analysis of -

(1) the physical potential for hydroelectric development,

giving consideration to the economic, social, environmental and

institutional factors which will affect the realization of

physical potential;

(2) the magnitude and regional distribution of needs for

hydroelectric power;

(3) the integration of hydroelectric power generation with

generation from other types of generating facilities;

(4) measures necessary to assure that generation from

hydroelectric projects will efficiently contribute to meeting the

national electric energy demands;

(5) the timing of hydroelectric development to properly

coincide with changes in the demand for electric energy;

(6) conventional hydroelectric potential, both high head and

low head projects utilizing run-of-rivers and possible advances

in mechanical technology, and pumped storage hydroelectric

potential at sites which evidence such potential;

(7) the feasibility of adding or reallocating storage and

modifying operation rules to increase power production at corps

projects with existing hydroelectric installations;

(8) measures deemed necessary or desirable to insure that the

potential contribution of hydroelectric resources to the overall

electric energy supply are realized to the maximum extent

possible; and

(9) any other pertinent factors necessary to evaluate the

development and operation of hydroelectric projects of the Corps

of Engineers.

(b) Transmittal of plan to Congressional committees

Within three years after the date of the first appropriation of

funds for the purpose of carrying out this section, the Secretary

of the Army, acting through the Chief of Engineers, shall transmit

the plan prepared pursuant to subsection (a) of this section with

supporting studies and documentation, together with the

recommendations of the Secretary and the Chief of Engineers on such

plan, to the Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the

House of Representatives.

There is authorized to be appropriated to carry out subsections

(a) and (b) of this section not to exceed $7,000,000.

(d) Feasibility studies of specific hydroelectric power

installations; authorization of appropriations

The Secretary of the Army, acting through the Chief of Engineers,

is authorized with respect to previously authorized projects to

undertake feasibility studies of specific hydroelectric power

installations that are identified in the course of the study

authorized by this section, as having high potential for

contribution toward meeting regional power needs. There is

authorized to be appropriated to carry out this subsection not to

exceed $5,000,000 per fiscal year for each of the fiscal years 1978

and 1979.

-SOURCE-

(Pub. L. 94-587, Sec. 167, Oct. 22, 1976, 90 Stat. 2935; Pub. L.

103-437, Sec. 15(e)(1), Nov. 2, 1994, 108 Stat. 4592.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on

Environment and Public Works of the Senate" for "Committee on

Public Works of the Senate".

-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.

-MISC2-

FEDERAL HYDROELECTRIC POWER MODERNIZATION STUDY

Pub. L. 100-676, Sec. 42, Nov. 17, 1988, 102 Stat. 4040, directed

Secretary to conduct a study of need to modernize and upgrade

federally owned and operated hydroelectric power system, and to

submit a report, along with recommendations, to Congress not later

than 2 years after Nov. 17, 1988.

WATER QUALITY EFFECTS OF HYDROELECTRIC FACILITIES

Pub. L. 100-676, Sec. 43, Nov. 17, 1988, 102 Stat. 4040, directed

Secretary, in cooperation with Administrator of Environmental

Protection Agency, to undertake a study of water quality effects of

hydroelectric facilities owned and operated by Corps of Engineers,

which was to be transmitted to Congress within 2 years of Nov. 17,

1988, and was to consider and include information for each such

Corps of Engineers hydroelectric facility pertaining to: relevant

water quality standards including dissolved oxygen; water quality

monitoring data; possible options and projected costs of measures

required to improve the quality of water released from each such

facility where justified; and recommendations with respect to such

study results.

-End-

-CITE-

42 USC Sec. 1962d-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-6. Feasibility studies; acceleration; advancement of

costs by non-Federal sources

-STATUTE-

The Secretary may accelerate feasibility studies authorized by

law when and to the extent that the costs of such studies shall

have been advanced by non-Federal sources.

-SOURCE-

(Pub. L. 89-561, Sec. 5, Sept. 7, 1966, 80 Stat. 714.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 838.

-End-

-CITE-

42 USC Sec. 1962d-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-7. Delmarva Peninsula hydrologic study; duties of

Secretary of the Interior

-STATUTE-

The Secretary of the Interior (hereinafter referred to as the

"Secretary") is authorized and directed to make a comprehensive

study and investigation of the water resources of the Delmarva

Peninsula with a view to determining the availability of fresh

water supplies needed to meet the anticipated future water

requirements of the Delmarva Peninsula area, and with a view to

determining the most effective means from the standpoint of

hydrologic feasibility of protecting and developing fresh water

sources so as to insure, insofar as practicable, the availability

of adequate water supplies in the future. In carrying out such

study and investigation with respect to the Delmarva Peninsula, the

Secretary shall -

(1) appraise the water use, requirements, and trends, and

determine the availability of water in the streams and

underground sources for the entire peninsula;

(2) determine the depths, thicknesses, and permeabilities, the

perennial yield, and the recharge characteristics of major

aquifers, and the quality characteristics to be expected from

each such major aquifer;

(3) determine with respect to ground water resources the

continuity and extent of important water-bearing formations;

(4) determine the yield from stream systems under natural flow

conditions and under varying degrees of storage and the amounts

and quality of waters available from such systems during drought,

flood, and intermediate conditions;

(5) determine whether sea water has moved inland into heavily

pumped coastal aquifers;

(6) give special consideration to conditions which may invite

the invasion of sea water into fresh-water supplies;

(7) compile and make available to appropriate State and local

officials any results of this study and investigation that would

be appropriate for their use in long-range planning, development,

and management of water supplies;

(8) cooperate with State and local agencies for the purpose of

using any information and data available to carry out the

purposes of this study; and

(9) consider such other matters as the Secretary may deem

appropriate to the study and investigation herein authorized.

-SOURCE-

(Pub. L. 89-618, Sec. 1, Oct. 4, 1966, 80 Stat. 870.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-MISC1-

WASHINGTON METROPOLITAN AREA WATER NEEDS AND ESTUARIAL WATER

SUPPLIES; STUDIES

Pub. L. 93-251, title I, Sec. 85, Mar. 7, 1974, 88 Stat. 36,

provided in part for a study of Washington Metropolitan Area Future

Water Needs, coordinated with Northeastern United States Water

Supply study, and for a study of Estuarial Water Supplies,

including a Potomac Estuary Water Treatment Pilot Project, for

review of scientific basis for study conclusions by National

Academy of Sciences-National Academy of Engineering, and made

further authorizations for Sixes Bridge Dam and Lake Project,

Maryland dependent on such studies and review.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962d-8, 1962d-9,

1962d-10, 1962d-11 of this title.

-End-

-CITE-

42 USC Sec. 1962d-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-8. Reports on Delmarva Peninsula hydrologic study

-STATUTE-

During the course of the study and investigation authorized by

sections 1962d-7 to 1962d-11 of this title, the Secretary may

submit to the President for transmission to the Congress such

interim reports as the Secretary may consider desirable. The

Secretary shall submit a final report to the President for

transmission to the Congress not more than six years after October

4, 1966.

-SOURCE-

(Pub. L. 89-618, Sec. 2, Oct. 4, 1966, 80 Stat. 870.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962d-9, 1962d-10,

1962d-11 of this title.

-End-

-CITE-

42 USC Sec. 1962d-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-9. Information from Federal agencies for Delmarva

Peninsula study

-STATUTE-

The Secretary is authorized to secure directly from any executive

department, bureau, agency, board, commission, office, independent

establishment, or instrumentality of the Federal Government,

information, suggestions, estimates, and statistics for the purpose

of sections 1962d-7 to 1962d-11 of this title, and each department,

bureau, agency, board, commission, office, independent

establishment, or instrumentality is authorized and directed to

furnish such information, suggestions, estimates, and statistics,

to the Secretary upon his or his designee's request.

-SOURCE-

(Pub. L. 89-618, Sec. 3, Oct. 4, 1966, 80 Stat. 870.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962d-8, 1962d-10,

1962d-11 of this title.

-End-

-CITE-

42 USC Sec. 1962d-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-10. Cooperation with agencies on Delmarva Peninsula

study

-STATUTE-

In carrying out the study and investigation authorized by

sections 1962d-7 to 1962d-11 of this title, the Secretary is

authorized to cooperate with other Federal, State, and local

agencies now engaged in comprehensive planning for water resource

use and development in the Delmarva Peninsula area by making

available to those agencies his findings and to cooperate with

those agencies in the Northeastern United States Water Supply Study

as authorized by section 1962d-4 of this title.

-SOURCE-

(Pub. L. 89-618, Sec. 4, Oct. 4, 1966, 80 Stat. 871.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962d-8, 1962d-9,

1962d-11 of this title.

-End-

-CITE-

42 USC Sec. 1962d-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-11. Authorization of appropriation for Delmarva

Peninsula study

-STATUTE-

There is hereby authorized to be appropriated the sum of $500,000

to carry out the provisions of sections 1962d-7 to 1962d-11 of this

title: Provided, That nothing in such sections shall prevent the

expenditure of other funds appropriated to the United States

Geological Survey for studies and activities performed under its

general authority.

-SOURCE-

(Pub. L. 89-618, Sec. 5, Oct. 4, 1966, 80 Stat. 871; Pub. L.

102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-CHANGE-

CHANGE OF NAME

"United States Geological Survey" substituted in text for

"Geological Survey" pursuant to provision of title I of Pub. L.

102-154, set out as a note under section 31 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1962d-8, 1962d-9,

1962d-10 of this title.

-End-

-CITE-

42 USC Sec. 1962d-11a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-11a. Potomac River water diversion structure

-STATUTE-

(a) Consent of Congress for construction; written agreement

providing schedule for allocation among parties for withdrawal of

waters

(1) Subject to paragraph (2) of this subsection, the consent of

Congress is granted under section 401 of title 33 to the Washington

Suburban Sanitary Commission to construct a water diversion

structure, with an elevation not to exceed one hundred and

fifty-nine feet above sea level, from the north shore of the

Potomac River at the Washington Suburban Sanitary Commission water

filtration plant to the north shore of Watkins Island.

(2) The structure authorized by paragraph (1) of this subsection,

may not be constructed until the Secretary of the Army, acting

through the Chief of Engineers, and the State of Maryland, the

Commonwealth of Virginia, the Washington Suburban Sanitary

Commission, and such other governmental authorities as the

Secretary of the Army, the State of Maryland, and the Commonwealth

of Virginia deem desirable signatories enter into a written

agreement providing an enforceable schedule for allocation among

the parties to such agreement for the withdrawal of the waters of

that portion of the Potomac River located between Little Falls Dam

and the farthest upstream limit of the pool of water behind the

Chesapeake and Ohio Canal Company rubble dam at Seneca, Maryland,

during periods of low flow of such portion of such river.

(b) Authorization of Secretary of the Army to enter written

agreement; amendments or revisions

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to enter into the agreement referred to in subsection

(a)(2) of this section and any amendment to or revision of such

agreement.

political subdivisions; authority of District of Columbia

Except as may be provided in the agreement referred to in

subsection (a)(2) of this section, nothing in this section shall

alter any riparian rights or other authority of the State of

Maryland, or any political subdivision thereof, the Commonwealth of

Virginia, or any political subdivision thereof, or the District of

Columbia, or authority of the Corps of Engineers existing on

October 22, 1976, relative to the appropriation of water from, or

the use of, the Potomac River.

-SOURCE-

(Pub. L. 94-587, Sec. 181, Oct. 22, 1976, 90 Stat. 2939; Pub. L.

96-292, Sec. 2, June 28, 1980, 94 Stat. 609.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1980 - Subsec. (a)(2). Pub. L. 96-292 struck out cl. "(A)"

designation and cl. (B) which prohibited construction of the

Potomac River water diversion structure should such structure be in

conflict with the report of the Secretary of the Army, acting

through the Chief of Engineers, issued in connection with a study

of water resources development.

-End-

-CITE-

42 USC Sec. 1962d-11b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-11b. Dalecarlia Reservoir; delivery of water to

metropolitan Maryland; expenses; payments; purchase of water from

State or local authorities in Maryland or Virginia

-STATUTE-

(a) The Secretary, on the recommendation of the Chief of

Engineers, is authorized to permit the delivery of water from the

District of Columbia water system at the Dalecarlia filtration

plant, or at other points on the system, to any competent State or

local authority in the Washington, District of Columbia,

metropolitan area in Maryland. All of the expense of installing the

connection or connections and appurtenances between the water

supply systems and any subsequent changes therein shall be paid by

the requesting entity, which shall also pay such charges for the

use of the water as the Secretary may, from time to time in advance

of delivery, determine to be reasonable. Payments shall be made at

such time, and pursuant to such regulations, as the Secretary

prescribes. The Secretary may revoke any permit for the use of

water at any time.

(b) The Secretary is authorized to purchase water from any State

or local authority in Maryland or Virginia that has, at the time of

purchase, completed a connection with the District of Columbia

water system. The Secretary is authorized to pay such charges for

the use of the water as the Secretary has agreed upon in advance of

delivery.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1111, Nov. 17, 1986, 100 Stat.

4231.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1986, and not as part of the Water Resources Planning Act

which comprises this chapter.

-CROSS-

DEFINITIONS

Secretary means the Secretary of the Army, see section 2201 of

Title 33, Navigation and Navigable Waters.

-End-

-CITE-

42 USC Secs. 1962d-12 to 1962d-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Secs. 1962d-12 to 1962d-14. Repealed. Pub. L. 104-58, title I, Sec.

104(g)(3), Nov. 28, 1995, 109 Stat. 560

-MISC1-

Section 1962d-12, act Aug. 9, 1955, ch. 682, Sec. 1, 69 Stat.

618, authorized Secretary of the Interior to make investigations of

projects for conservation, development, and utilization of Alaskan

water resources and to report findings, with recommendations, to

President and Congress.

Section 1962d-13, act Aug. 9, 1955, ch. 682, Sec. 2, 69 Stat.

618, directed Secretary of the Interior, prior to transmission of

report on Alaskan water resource projects to Congress, to transmit

copies thereof for information and comment to Governor of Alaska

and to heads of interested Federal departments and agencies, and to

include copies of views of such officials along with transmission

of Secretary's report to Congress.

Section 1962d-14, act Aug. 9, 1955, ch. 682, Sec. 3, 69 Stat.

618, authorized to be appropriated not more than $250,000 in any

one fiscal year for Alaskan water resources investigation.

-End-

-CITE-

42 USC Sec. 1962d-14a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-14a. Alaska hydroelectric power development

-STATUTE-

(a) Congressional findings and declaration

(1) The Congress finds that the expeditious development of

hydroelectric power generating facilities in Alaska that are

environmentally sound to assist the Nation in meeting existing and

future energy demands is in the national interest.

(2) The Congress therefore declares that the expertise of the

Chief of Engineers can and should be utilized for the benefit of

local public bodies in the development of projects which yield 90

per centum or more of the benefits of the project are attributable

to hydroelectric power generation when the project is fully

operational.

(b) Establishment of fund; composition

To meet the goals of this section, there is hereby established in

the Treasury of the United States an Alaska Hydroelectric Power

Development Fund (hereafter referred to as the "fund") to be and

remain available for use by the Secretary of the Army (hereinafter

referred to as the "Secretary") to make expenditures authorized by

this section. The fund shall consist of (1) all receipts and

collections by the Secretary of repayments in accordance with

subsection (e) of this section and payments by non-Federal public

authorities to the Secretary to finance the cost of construction of

projects in accordance with subsection (f) of this section, and

which the Secretary is hereby directed to deposit in the fund as

they are received, and (2) any appropriations made by the Congress

to the fund.

There is authorized to be appropriated to the Secretary for

deposit in the fund established by subsection (b) of this section

the sum of $25,000,000.

(d) Investments; deposits

(1) If the Secretary determines that moneys in the fund are in

excess of current needs, he may request the investment of such

amounts as he deems advisable by the Secretary of the Treasury in

direct, general obligations of, or obligations guaranteed as to

both principal and interest by, the United States.

(2) With the approval of the Secretary of the Treasury, the

Secretary may deposit moneys of the fund in any Federal Reserve

bank or other depository for funds of the United States, or in such

other banks and financial institutions and under such terms and

conditions as the Secretary and the Secretary of the Treasury may

mutually agree.

(e) Expenditures for phase I design memorandum stage of advanced

engineering and design; withholding of favorable report to

Congress prior to repayment; expenditures from non-Federal funds

The Secretary is authorized to make expenditures from the fund

for the phase I design memorandum stage of advanced engineering and

design for any project in Alaska that meets the requirements of

subsection (a)(2) of this section, if appropriate non-Federal

public authorities, approved by the Secretary, agree with the

Secretary, in writing, to repay the Secretary for all the separable

and joint costs of preparing such design memorandum, if such report

is favorable. Following the completion of the phase I design

memorandum stage of advanced engineering and design under this

subsection, the Secretary shall not transmit any favorable report

to Congress prior to being repaid in full by the appropriate

non-Federal public authorities for the costs incurred during such

phase I. The Secretary is also authorized to make expenditures from

non-Federal funds deposited in the fund as an advance against

construction costs.

(f) Authorization to construct projects; expenditures

In connection with water resources development projects which

meet the criteria established by subsection (a)(2) of this section

and which are to be constructed by the Secretary, acting through

the Chief of Engineers, in accordance with an authorization by

Congress and a contract between the non-Federal public authorities

and the Secretary, pursuant to subsection (g)(1) of this section

occurring on or subsequent to October 22, 1976, the Secretary,

acting through the Chief of Engineers, is authorized to construct

such projects including activities for engineering and design land

acquisition, site development, and off-site improvements necessary

for the authorized construction by making expenditures from (1) the

Fund established in subsection (b) of this section of funds

deposited by non-Federal public authorities as payments for

construction and (2) payments of non-Federal public authorities

held by the Secretary as payment of construction costs for a

project authorized by this section.

(g) Agreement with non-Federal public authorities and submittal to

Congressional committees, payment of total non-Federal

obligations; conditions of United States assumption of excess

over costs fixed in agreement, payment subject to appropriations

acts

(1) Prior to initiating any construction work under the

authorities of this section, the Secretary and the appropriate

non-Federal public authorities shall agree in writing, and submit

such agreement to the Committees on Environment and Public Works

and on Appropriations of the Senate and the Committees on Public

Works and Transportation and on Appropriations of the House of

Representatives for review and reporting to the Congress for its

consideration and approval that the appropriate non-Federal public

authorities will pay the full anticipated costs of constructing the

project at the time such costs are incurred, together with normal

contingencies and related administrative expenses of the Secretary,

and such payments shall be deposited in the fund or held by the

Secretary for payment of obligations incurred by the Secretary on

an authorized project under this section. The agreement shall

provide for an initial determination of feasibility and compliance

by the project with law. The total non-Federal obligation shall be

paid on or prior to the date the Chief of Engineers has estimated

by agreement, that the project concerned will be available for

actual generation of all or a substantial portion of the authorized

hydroelectric power of the project.

(2) In consideration of the obligations to be assumed by

non-Federal public authorities under the provisions of this section

and in recognition of the substantial investments which will be

made by these authorities in reliance on the program established by

this section, the United States shall assume the responsibility for

paying for all costs over those fixed in the agreement with the

non-Federal public authorities, if such costs are occasioned by

acts of God, failure on the part of the Secretary, acting through

the Chief of Engineers, to adhere to the agreed schedule of work or

a failure of design: Provided, That payments by the Secretary of

such costs shall be subject to appropriations acts.

(h) Conveyance of title, rights, and interests of United States;

Federal requirements, reservations, and provisions

The Secretary is authorized and directed, pursuant to the

agreement, to convey all title, rights, and interests of the United

States to any project, its lands and water areas, and appurtenant

facilities to the non-Federal public authorities which have agreed

to assume ownership of the project and responsibility for its

performance, operation, and maintenance, as well as necessary

replacements in accordance with this section upon full payment by

such non-Federal public authorities as required under subsection

(g)(1) of this section. Such conveyance shall, pursuant to the

agreement required by subsection (g) of this section, to the

maximum extent possible, occur immediately upon the project's

availability for generation of all or a substantial portion of the

authorized hydroelectric power of the project, and shall include

such Federal requirements, reservations, and provisions for access

rights to the project and its records as the Secretary finds

advisable to complete any portion of project construction remaining

at the time of conveyance and to assure that the project will be

operated and maintained in a responsible and safe manner to

accomplish, as nearly as may be possible, all of the authorized

purposes of the project including, but not restricted to,

hydroelectric power generation.

(i) Short title

This section shall be cited as the "Alaska Hydroelectric Power

Development Act".

-SOURCE-

(Pub. L. 94-587, Sec. 203, Oct. 22, 1976, 90 Stat. 2946; Pub. L.

103-437, Sec. 15(e)(2), Nov. 2, 1994, 108 Stat. 4592.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (g)(1). Pub. L. 103-437 substituted "Committees on

Environment and Public Works and on Appropriations of the Senate

and the Committees on Public Works and Transportation and on

Appropriations of the House" for "Committees on Public Works and

Appropriations of the Senate and 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.

-End-

-CITE-

42 USC Sec. 1962d-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-15. Protection of United States from liability for

damages; exception of damages due to fault or negligence of

United States

-STATUTE-

The requirement in any water resources development project under

the jurisdiction of the Secretary of the Army, that non-Federal

interests hold and save the United States free from damages due to

the construction, operation, and maintenance of the project, does

not include damages due to the fault or negligence of the United

States or its contractors.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 9, Mar. 7, 1974, 88 Stat. 16.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1974, and not as part of the Water Resources Planning Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1962d-16 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-16. Comprehensive plans for development, utilization,

and conservation of water and related resources

-STATUTE-

(a) Federal and State cooperation

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to cooperate with any State in the preparation of

comprehensive plans for the development, utilization, and

conservation of the water and related resources of drainage basins,

watersheds, or ecosystems located within the boundaries of such

State and to submit to Congress reports and recommendations with

respect to appropriate Federal participation in carrying out such

plans.

(b) Fees

(1) Establishment and collection

For the purpose of recovering 50 percent of the total cost of

providing assistance pursuant to this section, the Secretary of

the Army is authorized to establish appropriate fees, as

determined by the Secretary, and to collect such fees from States

and other non-Federal public bodies to whom assistance is

provided under this section.

(2) In-kind services

Up to 1/2 of the non-Federal contribution for preparation of

a plan subject to the cost sharing program under this subsection

may be made by the provision of services, materials, supplies, or

other in-kind services necessary to prepare the plan.

(3) Deposit and use

Fees collected under this subsection shall be deposited into

the account in the Treasury of the United States entitled,

"Contributions and Advances, Rivers and Harbors, Corps of

Engineers (8862)" and shall be available until expended to carry

out this section.

There is authorized to be appropriated not to exceed $10,000,000

annually to carry out the provisions of this section except that

not more than $500,000 shall be expended in any one year in any one

State.

(d) "State" defined

For the purposes of this section, the term "State" means the

several States of the United States, Indian tribes, the

Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin

Islands, the Commonwealth of the Northern Marianas, and the Trust

Territory of the Pacific Islands.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 22, Mar. 7, 1974, 88 Stat. 20; Pub.

L. 94-587, Sec. 168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96-597,

title VI, Sec. 605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99-662,

title IX, Sec. 921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101-640,

title III, Sec. 319, Nov. 28, 1990, 104 Stat. 4642; Pub. L.

102-580, title II, Sec. 208, Oct. 31, 1992, 106 Stat. 4829; Pub. L.

104-303, title II, Sec. 221, Oct. 12, 1996, 110 Stat. 3697.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1974, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, Sec. 221(1), inserted ",

watersheds, or ecosystems" after "basins".

Subsec. (b)(2) to (4). Pub. L. 104-303, Sec. 221(2), redesignated

pars. (3) and (4) as (2) and (3), respectively, and struck out

heading and text of former par. (2). Text read as follows: "The

Secretary shall phase in the cost sharing program under this

subsection by recovering -

"(A) approximately 10 percent of the total cost of providing

assistance in fiscal year 1991;

"(B) approximately 30 percent of the total cost in fiscal year

1992; and

"(C) approximately 50 percent of the total cost in fiscal year

1993 and each succeeding fiscal year."

Subsec. (c). Pub. L. 104-303, Sec. 221(3), substituted

"$10,000,000" for "$6,000,000" and "$500,000" for "$300,000".

1992 - Subsec. (b)(3), (4). Pub. L. 102-580, Sec. 208(1), added

par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 102-580, Sec. 208(2), inserted "Indian

tribes," after "States of the United States,".

1990 - Subsecs. (b) to (d). Pub. L. 101-640 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1986 - Subsec. (b). Pub. L. 99-662 substituted "$6,000,000" for

"$4,000,000" and "$300,000" for "$200,000".

1980 - Subsec. (c). Pub. L. 96-597 added subsec. (c).

1976 - Subsec. (b). Pub. L. 94-587 increased limitation on annual

appropriation authorization to $4,000,000 from $2,000,000.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 605 of Pub. L. 96-597 provided that the amendment made by

that section is effective Oct. 1, 1981.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 1962d-17 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-17. Regional or river basin plans and Federal water and

related land resources projects; preparation, formulation, and

evaluation

-STATUTE-

(a) Interest rate formula for discounting future benefits and cost

computations; repeal of conflicting provisions and administrative

actions

The interest rate formula to be used in plan formulation and

evaluation for discounting future benefits and computing costs by

Federal officers, employees, departments, agencies, and

instrumentalities in the preparation of comprehensive regional or

river basin plans and the formulation and evaluation of Federal

water and related land resources projects shall be the formula set

forth in the "Policies, Standards, and Procedures in the

Formulation, Evaluation, and Review of Plans for Use and

Development of Water and Related Land Resources" approved by the

President on May 15, 1962, and published as Senate Document 97 of

the Eighty-seventh Congress on May 29, 1962, as amended by the

regulation issued by the Water Resources Council and published in

the Federal Register on December 24, 1968 (33 F.R. 19170; 18 C.F.R.

704.39), until otherwise provided by a statute enacted after March

7, 1974. Every provision of law and every administrative action in

conflict with this section is hereby repealed to the extent of such

conflict.

(b) Interest rate for prior authorized projects assured of

non-Federal share of project costs; continuation of rate

In the case of any project authorized before January 3, 1969, if

the appropriate non-Federal interests have, prior to December 31,

1969, given satisfactory assurances to pay the required non-Federal

share of project costs, the discount rate to be used in the

computation of benefits and costs for such project shall be the

rate in effect immediately prior to December 24, 1968, and that

rate shall continue to be used for such project until construction

has been completed, unless otherwise provided by a statute enacted

after March 7, 1974.

of study; report to Congress

The President shall make a full and complete investigation and

study of principles and standards for planning and evaluating water

and related resources projects. Such investigation and study shall

include, but not be limited to, consideration of enhancing regional

economic development, the quality of the total environment

including its protection and improvement, the well-being of the

people of the United States, and the national economic development,

as objectives to be included in federally-financed water and

related resources projects and in the evaluation of costs and

benefits attributable to such projects, as intended in section

1962-2 of this title, the interest rate formula to be used in

evaluating and discounting future benefits for such projects, and

appropriate Federal and non-Federal cost sharing for such projects.

He shall report the results of such investigation and study,

together with his recommendations, to Congress not later than one

year after funds are first appropriated to carry out this

subsection.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 80, Mar. 7, 1974, 88 Stat. 34.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1974, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

RATES USED TO ASSESS RETURN ON FEDERAL GOVERNMENT'S INVESTMENT IN

PROJECTS OF ARMY CORPS OF ENGINEERS AND BUREAU OF RECLAMATION

Pub. L. 95-28, title II, Sec. 204, May 13, 1977, 91 Stat. 121,

provided that: "It is hereby reiterated that the interest rates or

rates of discount to be used to assess the return on the Federal

Government's investment in projects of the United States Army Corps

of Engineers or the Department of the Interior Bureau of

Reclamation, shall be those interest rates or rates of discount

established by Public Law 93-251, the Water Resources Development

Act of 1974 [see Short Title of 1974 Amendment note set out under

section 1962 of this title] or by any prior law authorizing

projects of the United States Army Corps of Engineers or the

Department of the Interior Bureau of Reclamation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9205 of this title; title

16 section 2704; title 30 sections 1513, 1531.

-End-

-CITE-

42 USC Sec. 1962d-18 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-18. Study of depletion of natural resources of regions

of Colorado, Kansas, New Mexico, Oklahoma, Texas, and Nebraska

utilizing Ogallala aquifer; plans; reports to Congress;

authorization of appropriation

-STATUTE-

In order to assure an adequate supply of food to the Nation and

to promote the economic vitality of the High Plains Region, the

Secretary of Commerce (hereinafter referred to in this section as

the "Secretary"), acting through the Economic Development

Administration, in cooperation with the Secretary of the Army,

acting through the Chief of Engineers, and appropriate Federal,

State, and local agencies, and the private sector, is authorized

and directed to study the depletion of the natural resources of

those regions of the States of Colorado, Kansas, New Mexico,

Oklahoma, Texas, and Nebraska presently utilizing the declining

water resources of the Ogallala acquifer,(!1) and to develop plans

to increase water supplies in the area and report thereon to

Congress, together with any recommendations for further

congressional action. In formulating these plans, the Secretary is

directed to consider all past and ongoing studies, plans, and work

on depleted water resources in the region, and to examine the

feasibility of various alternatives to provide adequate water

supplies in the area including, but not limited to, the transfer of

water from adjacent areas, such portion to be conducted by the

Chief of Engineers to assure the continued economic growth and

vitality of the region. The Secretary shall report on the costs of

reasonably available options, the benefits of various options, and

the costs of inaction. If water transfer is found to be a part of a

reasonable solution, the Secretary, as part of his study, shall

include a recommended plan for allocating and distributing water in

an equitable fashion, taking into account existing water rights and

the needs for future growth of all affected areas. An interim

report, with recommendations, shall be transmitted to the Congress

no later than October 1, 1978, and a final report, with

recommendations, shall be transmitted to Congress not later than

July 1, 1980. A sum of $6,000,000 is authorized to be appropriated

for the purposes of carrying out this section.

-SOURCE-

(Pub. L. 94-587, Sec. 193, Oct. 22, 1976, 90 Stat. 2943.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1976, and not as part of the Water Resources Planning Act

which comprises this chapter.

-FOOTNOTE-

(!1) So in original. Probably should be "aquifer,".

-End-

-CITE-

42 USC Sec. 1962d-19 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-19. Cooperation of Secretary of the Interior with State

and local regulatory and law enforcement officials in enforcement

of laws or ordinances in connection with Federal resource

protection, etc., within Federal water resource development

project; funding

-STATUTE-

The Secretary of the Interior, in connection with Federal

resource protection and the Federal administration of the use and

occupancy of lands and waters within a water resource development

project under his jurisdiction, is authorized to cooperate with the

regulatory and law enforcement officials of any State or political

subdivision thereof in the enforcement of the laws or ordinances of

such State or political subdivision. Such cooperation may include

the reimbursement of a State or its political subdivision for

expenditures incurred in connection with such resource protection

and administration. For purposes of complying with section 651 of

title 2, the authorization provided under this section is subject

to the availability of appropriations.

-SOURCE-

(Pub. L. 98-552, Sec. 3, Oct. 30, 1984, 98 Stat. 2823.)

-COD-

CODIFICATION

Section was not enacted as part of the Water Resources Planning

Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 1962d-20 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-20. Prohibition on Great Lakes diversions

-STATUTE-

(a) Congressional findings and declarations

The Congress finds and declares that -

(1) the Great Lakes are a most important natural resource to

the eight Great Lakes States and two Canadian provinces,

providing water supply for domestic and industrial use, clean

energy through hydropower production, an efficient transportation

mode for moving products into and out of the Great Lakes region,

and recreational uses for millions of United States and Canadian

citizens;

(2) the Great Lakes need to be carefully managed and protected

to meet current and future needs within the Great Lakes basin and

Canadian provinces;

(3) any new diversions of Great Lakes water for use outside of

the Great Lakes basin will have significant economic and

environmental impacts, adversely affecting the use of this

resource by the Great Lakes States and Canadian provinces; and

(4) four of the Great Lakes are international waters and are

defined as boundary waters in the Boundary Waters Treaty of 1909

between the United States and Canada, and as such any new

diversion of Great Lakes water in the United States would affect

the relations of the Government of the United States with the

Government of Canada.

(b) Congressional declaration of purpose and policy

It is therefore declared to be the purpose and policy of the

Congress in this section -

(1) to take immediate action to protect the limited quantity of

water available from the Great Lakes system for use by the Great

Lakes States and in accordance with the Boundary Waters Treaty of

1909;

(2) to encourage the Great Lakes States, in consultation with

the Provinces of Ontario and Quebec, to develop and implement a

mechanism that provides a common conservation standard embodying

the principles of water conservation and resource improvement for

making decisions concerning the withdrawal and use of water from

the Great Lakes Basin;

(3) to prohibit any diversion of Great Lakes water by any

State, Federal agency, or private entity for use outside the

Great Lakes basin unless such diversion is approved by the

Governor of each of the Great Lakes States; and

(4) to prohibit any Federal agency from undertaking any studies

that would involve the transfer of Great Lakes water for any

purpose for use outside the Great Lakes basin.

As used in this section, the term "Great Lakes State" means each

of the States of Illinois, Indiana, Michigan, Minnesota, Ohio,

Pennsylvania, New York, and Wisconsin.

(d) Approval by Governors for diversion of water

No water shall be diverted or exported from any portion of the

Great Lakes within the United States, or from any tributary within

the United States of any of the Great Lakes, for use outside the

Great Lakes basin unless such diversion or export is approved by

the Governor of each of the Great Lake (!1) States.

(e) Approval of Governors for diversion studies

No Federal agency may undertake any study, or expend any Federal

funds to contract for any study, of the feasibility of diverting

water from any portion of the Great Lakes within the United States,

or from any tributary within the United States of any of the Great

Lakes, for use outside the Great Lakes basin, unless such study or

expenditure is approved by the Governor of each of the Great Lakes

States. The prohibition of the preceding sentence shall not apply

to any study or data collection effort performed by the Corps of

Engineers or other Federal agency under the direction of the

International Joint Commission in accordance with the Boundary

Waters Treaty of 1909.

(f) Previously authorized diversions

This section shall not apply to any diversion of water from any

of the Great Lakes which is authorized on November 17, 1986.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1109, Nov. 17, 1986, 100 Stat.

4230; Pub. L. 106-541, title V, Sec. 504(a), (b), Dec. 11, 2000,

114 Stat. 2644.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1986, and not as part of the Water Resources Planning Act

which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(2) to (4). Pub. L. 106-541, Sec. 504(a), added

par. (2) and redesignated former pars. (2) and (3) as (3) and (4),

respectively.

Subsec. (d). Pub. L. 106-541, Sec. 504(b), inserted "or exported"

after "diverted" and "or export" after "diversion".

GREAT LAKES CONSUMPTIVE USE STUDY

Pub. L. 100-4, title V, Sec. 521, Feb. 4, 1987, 101 Stat. 88,

provided that in recognition of the serious impacts on the Great

Lakes environment that could occur as a result of increased

consumption of Great Lakes water, including loss of wetlands and

reduction of fish spawning and habitat areas, as well as serious

economic losses to vital Great Lakes industries, the Secretary of

the Army in cooperation with the Administrator, other interested

departments, agencies, and instrumentalities of the United States,

and the eight Great Lakes States, was authorized to conduct a study

of the effects of Great Lakes water consumption on economic growth

and environmental quality in the Great Lakes region and of control

measures that could be implemented to reduce the quantity of water

consumed, and further provided an appropriation of $750,000 for

fiscal years beginning after Sept. 30, 1986, to carry out such

study.

Similar provisions were contained in Pub. L. 99-662, title XI,

Sec. 1147, Nov. 17, 1986, 100 Stat. 4253.

MEASUREMENTS OF LAKE MICHIGAN DIVERSIONS

Section 1142 of Pub. L. 99-662, as amended by Pub. L. 106-53,

title V, Sec. 508, Aug. 17, 1999, 113 Stat. 339; Pub. L. 106-541,

title V, Sec. 518, Dec. 11, 2000, 114 Stat. 2653, provided that:

"(a) Beginning October 1, 1987, the Secretary, in cooperation

with the State of Illinois, shall carry out measurements and make

necessary computations required by the decree of the United States

Supreme Court (388 U.S. 426) relating to the diversion of water

from Lake Michigan and shall coordinate the results with downstate

interests. The measurements and computations shall consist of all

flow measurements, gauge records, hydraulic and hydrologic

computations, including periodic field investigations and measuring

device calibrations, necessary to compute the amount of water

diverted from Lake Michigan by the State of Illinois and its

municipalities, political subdivisions, agencies, and

instrumentalities, not including water diverted or used by Federal

installations.

"(b) There are authorized to be appropriated $1,250,000 for each

of fiscal years 1999 through 2003 and $800,000 for each fiscal year

beginning after September 30, 2003, to carry out this section,

including those funds necessary to maintain the measurements and

computations, as well as necessary capital construction costs

associated with the installation of new flow measurement devices or

structures declared necessary and appropriate by the Secretary."

-FOOTNOTE-

(!1) So in original. Probably should be "Lakes".

-End-

-CITE-

42 USC Sec. 1962d-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-21. John Glenn Great Lakes basin program

-STATUTE-

(a) Strategic plans

(1) Study

The Secretary shall conduct a comprehensive study of the Great

Lakes region to ensure the future use, management, and protection

of water resources and related resources of the Great Lakes

basin.

(2) Report

(A) In general

As expeditiously as possible, but not later than 3 years

after August 17, 1999, and every 2 years thereafter, the

Secretary shall submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Environment and Public Works of the Senate a

report outlining a strategic plan for Corps of Engineers

programs and proposed Corps of Engineers projects in the Great

Lakes basin.

(B) Contents

The plan shall include -

(i) details of projects in the Great Lakes region relating

to -

(I) navigation improvements, maintenance, and operations

for commercial and recreational vessels;

(II) environmental restoration activities;

(III) water level maintenance activities;

(IV) technical and planning assistance to States and

remedial action planning committees;

(V) sediment transport analysis, sediment management

planning, and activities to support prevention of excess

sediment loadings;

(VI) flood damage reduction and shoreline erosion

prevention; and

(VII) all other relevant activities of the Corps of

Engineers; and

(ii) an analysis of factors limiting use of programs and

authorities of the Corps of Engineers in existence on August

17, 1999, in the Great Lakes basin, including the need for

new or modified authorities.

(3) Authorization of appropriations

There is authorized to be appropriated to carry out this

section $1,000,000 for the period of fiscal years 2000 through

2003.

(b) Great Lakes biohydrological information

(1) Inventory

(A) In general

Not later than 90 days after August 17, 1999, the Secretary

shall request each Federal agency that may possess information

relevant to the Great Lakes biohydrological system to provide

an inventory of all such information in the possession of the

agency.

(B) Relevant information

For the purpose of subparagraph (A), relevant information

includes information on -

(i) ground and surface water hydrology;

(ii) natural and altered tributary dynamics;

(iii) biological aspects of the system influenced by and

influencing water quantity and water movement;

(iv) meteorological projections and the impacts of weather

conditions on Great Lakes water levels; and

(v) other Great Lakes biohydrological system data relevant

to sustainable water use management.

(2) Report

(A) In general

Not later than 18 months after August 17, 1999, the

Secretary, in consultation with the States, Indian tribes, and

Federal agencies, and after requesting information from the

provinces and the federal government of Canada, shall -

(i) compile the inventories of information;

(ii) analyze the information for consistency and gaps; and

(iii) submit to Congress, the International Joint

Commission, and the Great Lakes States a report that includes

recommendations on ways to improve the information base on

the biohydrological dynamics of the Great Lakes ecosystem as

a whole, so as to support environmentally sound decisions

regarding diversions and consumptive uses of Great Lakes

water.

(B) Recommendations

The recommendations in the report under subparagraph (A)

shall include recommendations relating to the resources and

funds necessary for implementing improvement of the information

base.

In developing the report under subparagraph (A), the

Secretary, in cooperation with the Secretary of State, the

Secretary of Transportation, and the heads of other agencies as

appropriate, shall consider and report on the status of the

issues described and recommendations made in -

(i) the Report of the International Joint Commission to the

Governments of the United States and Canada under the 1977

reference issued in 1985; and

(ii) the 1993 Report of the International Joint Commission

to the Governments of Canada and the United States on Methods

of Alleviating Adverse Consequences of Fluctuating Water

Levels in the Great Lakes St. Lawrence Basin.

Not later than 18 months after August 17, 1999, the Secretary,

using information and studies in existence on August 17, 1999, to

the extent practicable, and in cooperation with the Great Lakes

States, shall submit to Congress a report detailing the economic

benefits of recreational boating in the Great Lakes basin,

particularly at harbors benefiting from operation and maintenance

projects of the Corps of Engineers.

(d) Cooperation

In undertaking activities under this section, the Secretary shall

(1) encourage public participation; and

(2) cooperate, and, as appropriate, collaborate, with Great

Lakes States, tribal governments, and Canadian federal,

provincial, and tribal governments.

(e) Water use activities and policies

The Secretary may provide technical assistance to the Great Lakes

States to develop interstate guidelines to improve the consistency

and efficiency of State-level water use activities and policies in

the Great Lakes basin.

(f) Cost sharing

The Secretary may seek and accept funds from non-Federal entities

to be used to pay up to 25 percent of the cost of carrying out

subsections (b), (c), (d), and (e) of this section.

-SOURCE-

(Pub. L. 106-53, title IV, Sec. 455, Aug. 17, 1999, 113 Stat. 330.)

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1999, and not as part of the Water Resources Planning Act

which comprises this chapter.

-CROSS-

DEFINITIONS

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of Title 33,

Navigation and Navigable Waters.

-End-

-CITE-

42 USC Sec. 1962d-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 19B - WATER RESOURCES PLANNING

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962d-22. Great Lakes fishery and ecosystem restoration

-STATUTE-

(a) Findings

Congress finds that -

(1) the Great Lakes comprise a nationally and internationally

significant fishery and ecosystem;

(2) the Great Lakes fishery and ecosystem should be developed

and enhanced in a coordinated manner; and

(3) the Great Lakes fishery and ecosystem provides a diversity

of opportunities, experiences, and beneficial uses.

(b) Definitions

In this section, the following definitions apply:

(1) Great Lake

(A) In general

The term "Great Lake" means Lake Superior, Lake Michigan,

Lake Huron (including Lake St. Clair), Lake Erie, and Lake

Ontario (including the St. Lawrence River to the 45th parallel

of latitude).

(B) Inclusions

The term "Great Lake" includes any connecting channel,

historically connected tributary, and basin of a lake specified

in subparagraph (A).

(2) Great Lakes Commission

The term "Great Lakes Commission" means the Great Lakes

Commission established by the Great Lakes Basin Compact (82 Stat.

414).

(3) Great Lakes Fishery Commission

The term "Great Lakes Fishery Commission" has the meaning given

the term "Commission" in section 931 of title 16.

(4) Great Lakes State

The term "Great Lakes State" means each of the States of

Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New

York, and Wisconsin.

(1) Support plan

(A) In general

Not later than 1 year after December 11, 2000, the Secretary

shall develop a plan for activities of the Corps of Engineers

that support the management of Great Lakes fisheries.

(B) Use of existing documents

To the maximum extent practicable, the plan shall make use of

and incorporate documents that relate to the Great Lakes and

are in existence on December 11, 2000, such as lakewide

management plans and remedial action plans.

The Secretary shall develop the plan in cooperation with -

(i) the signatories to the Joint Strategic Plan for

Management of the Great Lakes Fisheries; and

(ii) other affected interests.

(2) Projects

The Secretary shall plan, design, and construct projects to

support the restoration of the fishery, ecosystem, and beneficial

uses of the Great Lakes.

(3) Evaluation program

(A) In general

The Secretary shall develop a program to evaluate the success

of the projects carried out under paragraph (2) in meeting

fishery and ecosystem restoration goals.

(B) Studies

Evaluations under subparagraph (A) shall be conducted in

consultation with the Great Lakes Fishery Commission and

appropriate Federal, State, and local agencies.

(d) Cooperative agreements

In carrying out this section, the Secretary may enter into a

cooperative agreement with the Great Lakes Commission or any other

agency established to facilitate active State participation in

management of the Great Lakes.

(e) Relationship to other Great Lakes activities

No activity under this section shall affect the date of

completion of any other activity relating to the Great Lakes that

is authorized under other law.

(f) Cost sharing

(1) Development of plan

The Federal share of the cost of development of the plan under

subsection (c)(1) of this section shall be 65 percent.

(2) Project planning, design, construction, and evaluation

The Federal share of the cost of planning, design,

construction, and evaluation of a project under paragraph (2) or

(3) of subsection (c) of this section shall be 65 percent.

(3) Non-Federal share

(A) Credit for land, easements, and rights-of-way

The Secretary shall credit the non-Federal interest for the

value of any land, easement, right-of-way, dredged material

disposal area, or relocation provided for carrying out a

project under subsection (c)(2) of this section.

(B) Form

The non-Federal interest may provide up to 50 percent of the

non-Federal share required under paragraphs (1) and (2) in the

form of services, materials, supplies, or other in-kind

contributions.

(4) Operation and maintenance

The operation, maintenance, repair, rehabilitation, and

replacement of projects carried out under this section shall be a

non-Federal responsibility.

(5) Non-Federal interests

Notwithstanding section 1962d-5b of this title, for any project

carried out under this section, a non-Federal interest may

include a private interest and a nonprofit entity.

(g) Authorization of appropriations

(1) Development of plan

There is authorized to be appropriated for development of the

plan under subsection (c)(1) of this section $300,000.

(2) Other activities

There is authorized to be appropriated to carry out paragraphs

(2) and (3) of subsection (c) of this section $100,000,000.

-SOURCE-

(Pub. L. 106-541, title V, Sec. 506, Dec. 11, 2000, 114 Stat.

2645.)

-REFTEXT-

REFERENCES IN TEXT

The Great Lakes Basin Compact, referred to in subsec. (b)(2), is

not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 2000, and not as part of the Water Resources Planning Act

which comprises this chapter.

-CROSS-

DEFINITIONS

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of Title 33,

Navigation and Navigable Waters.

-End-

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