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16 USC CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-CITE-
16 USC CHAPTER 18 - WATERSHED PROTECTION AND FLOOD
PREVENTION 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-MISC1-
Sec.
1001. Declaration of policy.
1002. Definitions
1003. Assistance to local organizations.
1003a. Cost share assistance.
(a) Easements.
(b) Amount.
1004. Conditions for Federal assistance.
1005. Works of improvement.
(1) Engineering and other services; reimbursement;
advances.
(2) Federal construction; request by local
organization.
(3) Transmission of certain plans to Congress.
(4) Transmission of certain plans and
recommendations to Congress.
(5) Rules and regulations.
1006. Cooperative programs.
1006a. Loans or advancements for financing local share of
costs; repayment; interest; maximum amount.
1006b. Territorial application.
1007. Authorization of appropriations.
1008. Notification of Secretary of the Interior of approval
of assistance; surveys and investigations; report and
recommendations; consideration; cost of surveys,
investigations and reports.
1009. Joint investigations and surveys by Secretary of the
Army and Secretary of Agriculture; reports to
Congress.
1010. Data.
1011. Watershed restoration and enhancement agreements.
(a) In general.
(b) Direct and indirect watershed agreements.
(c) Terms and conditions.
1012. Rehabilitation of structural measures near, at, or
past their evaluated life expectancy.
(a) Definitions.
(b) Cost share assistance for rehabilitation.
(c) Technical assistance for watershed project
rehabilitation.
(d) Prohibited use.
(e) Application for rehabilitation assistance.
(f) Ranking of requests for rehabilitation
assistance.
(g) Prohibition on certain rehabilitation
assistance.
(h) Funding.
(i) Assessment of rehabilitation needs.
(j) Recordkeeping and reports.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to section 460l-17 of this title; title
22 section 277d-29; title 30 section 1265; title 33 sections 1288,
2298, 2311; title 40 section 14507.

-End-



-CITE-
16 USC Sec. 1001 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1001. Declaration of policy

-STATUTE-
Erosion, floodwater, and sediment damages in the watersheds of
the rivers and streams of the United States, causing loss of life
and damage to property, constitute a menace to the national
welfare; and it is the sense of Congress that the Federal
Government should cooperate with States and their political
subdivisions, soil or water conservation districts, flood
prevention or control districts, and other local public agencies
for the purpose of preventing such damages, of furthering the
conservation, development, utilization, and disposal of water, and
the conservation and utilization of land and thereby of preserving,
protecting, and improving the Nation's land and water resources and
the quality of the environment.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 1, 68 Stat. 666; Pub. L. 92-419, title
II, Sec. 201(a), Aug. 30, 1972, 86 Stat. 667.)


-MISC1-
AMENDMENTS
1972 - Pub. L. 92-419 expanded the declaration of policy to
include conservation and utilization of land, improvement of land
and water resources, and quality of the environment.

SHORT TITLE
Section 11 of act Aug. 4, 1954, as renumbered by act Aug. 7,
1956, ch. 1027, Sec. 1(g), 70 Stat. 1088, provided that: "This Act
[enacting this chapter, amending section 701b of Title 33,
Navigation and Navigable Waters, and enacting provisions set out as
notes under this section and section 701b of Title 33] may be cited
as the 'Watershed Protection and Flood Prevention Act'."

WATERSHED PROTECTION AND FLOOD PREVENTION PROJECTS EXEMPT FROM
REQUIREMENTS FOR INDEPENDENT WATER PROJECT REVIEW
For exemption of projects under this chapter from independent
water project review requirements of Ex. Ords. No. 12113 and 12141,
see Pub. L. 96-528, title VI, Sec. 622, Dec. 15, 1980, 94 Stat.
3118, set out as a note under section 1962 of Title 42, The Public
Health and Welfare.

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Section 2 of act Aug. 7, 1956, ch. 1027, 70 Stat. 1090, provided
that sections 1006a and 1006b of this title and the amendments made
by act Aug. 7, 1956 to sections 1002 to 1005 of this title should
be applicable to all works of improvement and plans for such works
under the provisions of this chapter and that any plans for works
of improvement with respect to which the Secretary of Agriculture
was authorized prior to Aug. 7, 1956 to participate in the
installation of works of improvement in accordance with such plan,
or any plan for works of improvement which had received prior to
Aug. 7, 1956 the approval of congressional committees, need not be
submitted to the congressional committees as required by this
chapter.

-End-



-CITE-
16 USC Sec. 1002 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1002. Definitions

-STATUTE-
For the purposes of this chapter, the following terms shall mean:
The "Secretary" - the Secretary of Agriculture of the United
States.
"Works of improvement" - any undertaking for -
(1) flood prevention (including structural and land treatment
measures),
(2) the conservation, development, utilization, and disposal of
water, or
(3) the conservation and proper utilization of land,

in watershed or subwatershed area not exceeding two hundred and
fifty thousand acres and not including any single structure which
provides more than twelve thousand five hundred acre-feet of
floodwater detention capacity, and more than twenty-five thousand
acre-feet of total capacity. No appropriation shall be made for any
plan involving an estimated Federal contribution to construction
costs in excess of $5,000,000, or which includes any structure
which provides more than twenty-five hundred acre-feet of total
capacity unless such plan has been approved by resolutions adopted
by the appropriate committees of the Senate and House of
Representatives: Provided, That in the case of any plan involving
no single structure providing more than 4,000 acre-feet of total
capacity the appropriate committees shall be the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives and in the
case of any plan involving any single structure of more than 4,000
acre-feet of total capacity the appropriate committees shall be the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives, respectively. Each project must contain benefits
directly related to agriculture, including rural communities, that
account for at least 20 percent of the total benefits of the
project. A number of such subwatersheds when they are component
parts of a larger watershed may be planned together when the local
sponsoring organizations so desire.
"Local organization" - any State, political subdivision thereof,
soil or water conservation district, flood prevention or control
district, or combinations thereof, or any other agency having
authority under State law to carry out, maintain and operate the
works of improvement; or any irrigation or reservoir company, water
users' association, or similar organization having such authority
and not being operated for profit that may be approved by the
Secretary; or any Indian tribe or tribal organization, as defined
in section 450b of title 25, having authority under Federal, State,
or Indian tribal law to carry out, maintain, and operate the works
of improvement.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 2, 68 Stat. 666; Aug. 7, 1956, ch.
1027, Sec. 1(a), 70 Stat. 1088; Pub. L. 87-170, Aug. 30, 1961, 75
Stat. 408; Pub. L. 89-337, Nov. 8, 1965, 79 Stat. 1300; Pub. L.
92-419, title II, Sec. 201(b), Aug. 30, 1972, 86 Stat. 667; Pub. L.
95-113, title XV, Sec. 1506(a), Sept. 29, 1977, 91 Stat. 1022; Pub.
L. 97-98, title XV, Sec. 1512(a), (b), Dec. 22, 1981, 95 Stat.
1332, 1333; Pub. L. 99-662, title IX, Sec. 929, Nov. 17, 1986, 100
Stat. 4196; Pub. L. 101-624, title XIV, Sec. 1461, Nov. 28, 1990,
104 Stat. 3615; Pub. L. 103-437, Sec. 6(v), Nov. 2, 1994, 108 Stat.
4587.)


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 in closing provisions of par. defining
"Works of improvement" substituted "Committee on Agriculture,
Nutrition, and Forestry" for "Committee on Agriculture and
Forestry" and "Committee on Environment and Public Works of the
Senate and the Committee on Public Works and Transportation of the
House" for "Committee on Public Works of the Senate and the
Committee on Public Works of the House".
1990 - Pub. L. 101-624, which directed amendment of third
sentence by substituting "Each project" for "Each such project
submitted to the Committee on Environment and Public Works of the
Senate and the Committee on Public Works and Transportation of the
House of Representatives after July 1, 1987," and inserting ",
including rural communities," after "agriculture", was executed to
third sentence of par. defining "Works of improvement" to reflect
the probable intent of Congress.
1986 - Pub. L. 99-662 inserted in definition of "Works of
improvement" provision requiring that projects submitted after July
1, 1987, contain benefits directly related to agriculture
accounting for at least 20 percent of the total benefits of the
project.
1981 - Pub. L. 97-98 substituted "$5,000,000" for "$1,000,000" in
definition of "Works of improvement" and expanded definition of
"Local organization" to include any Indian tribe or tribal
organization having authority under Federal, State, or Indian
tribal law to carry out, maintain, and operate works of
improvement.
1977 - Pub. L. 95-113 substituted "$1,000,000" for "$250,000".
1972 - Pub. L. 92-419 defined "Works of improvement" to include
any undertaking for the conservation and proper utilization of
land.
1965 - Pub. L. 89-337 substituted "more than twelve thousand five
hundred acre-feet of floodwater detention capacity" for "more than
five thousand acre-feet of floodwater detention capacity".
1961 - Pub. L. 87-170 included irrigation or reservoir companies,
water users' associations and similar organizations not operated
for profit in the definition of local organization.
1956 - Act Aug. 7, 1956, struck out provisions which limited
works of improvement to agriculture phases of conservation,
development, utilization, and disposal of water, increased the
limits of total capacity of any single structure from 5,000
acre-feet to 25,000 acre-feet, exclude single structures which
provide more than 5,000 acre-feet of floodwater detention capacity,
required approval of plans involving an estimated Federal
contribution to construction costs of more than $250,000, and
specified the Congressional committees that must approve the plans
where structures are under and over 4,000 acre-feet of total
capacity.

-CHANGE-
CHANGE OF NAME
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress.


-MISC2-
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of
Title 7, Agriculture.


-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to
compliance with this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of
Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of
1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
as an Abolition of Office of Federal Inspector note under section
719e of Title 15, Commerce and Trade.


-MISC3-
EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Amendment by act Aug. 7, 1956, as applicable to all works of
improvements and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001
of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1006a of this title.

-End-



-CITE-
16 USC Sec. 1003 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1003. Assistance to local organizations

-STATUTE-
In order to assist local organizations in preparing and carrying
out plans for works of improvement, the Secretary is authorized,
upon application of local organizations if such application has
been submitted to, and not disapproved within 45 days by, the State
agency having supervisory responsibility over programs provided for
in this chapter, or by the Governor if there is no State agency
having such responsibility -
(1) to conduct such investigations and surveys as may be
necessary to prepare plans for works of improvement;
(2) to prepare plans and estimates required for adequate
engineering evaluation;
(3) to make allocations of costs to the various purposes to
show the basis of such allocations and to determine whether
benefits exceed costs;
(4) to cooperate and enter into agreements with and to furnish
financial and other assistance to local organizations: Provided,
That, for the land-treatment measures, the Federal assistance
shall not exceed the rate of assistance for similar practices
under existing national programs;
(5) to obtain the cooperation and assistance of other Federal
agencies in carrying out the purposes of this section;
(6) to enter into agreements with landowners, operators, and
occupiers, individually or collectively, based on conservation
plans of such landowners, operators, and occupiers which are
developed in cooperation with and approved by the soil and water
conservation district in which the land described in the
agreement is situated, to be carried out on such land during a
period of not to exceed ten years, providing for changes in
cropping systems and land uses and for the installation of soil
and water conservation practices and measures needed to conserve
and develop the soil, water, woodland, wildlife, energy, and
recreation resources of and enhance the water quality of lands
within the area included in plans for works of improvement, as
provided for in such plans, including watershed or subwatershed
work plans in connection with the eleven watershed improvement
programs authorized by section 13 of the Act of December 22, 1944
(58 Stat. 887), as amended and supplemented. Applications for
assistance in developing such conservation plans shall be made in
writing to the soil and water conservation district involved, and
the proposed agreement shall be reviewed by such district. In
return for such agreements by landowners, operators, and
occupiers the Secretary shall agree to share the costs of
carrying out those practices and measures set forth in the
agreement for which he determines that cost sharing is
appropriate and in the public interest. The portion of such
costs, including labor, to be shared shall be that part which the
Secretary determines is appropriate and in the public interest
for the carrying out of the practices and measures set forth in
the agreement, except that the Federal assistance shall not
exceed the rate of assistance for similar practices and measures
under existing national programs. The Secretary may terminate any
agreement with a landowner, operator, or occupier by mutual
agreement if the Secretary determines that such termination would
be in the public interest, and may agree to such modifications of
agreements, previously entered into hereunder, as he deems
desirable to carry out the purposes of this paragraph or to
facilitate the practical administration of the agreements
provided for herein. Notwithstanding any other provision of law,
the Secretary, to the extent he deems it desirable to carry out
the purposes of this paragraph, may provide in any agreement
hereunder for (1) preservation for a period not to exceed the
period covered by the agreement and an equal period thereafter of
the cropland, crop acreage, and allotment history applicable to
land covered by the agreement for the purpose of any Federal
program under which such history is used as a basis for an
allotment or other limitation on the production of any crop; or
(2) surrender of any such history and allotments.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 3, 68 Stat. 666; Aug. 7, 1956, ch.
1027, Sec. 1(b), 70 Stat. 1088; Pub. L. 92-419, title II, Sec.
201(c), Aug. 30, 1972, 86 Stat. 667; Pub. L. 97-98, title XV, Sec.
1512(c), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 101-624, title XIV,
Sec. 1464, Nov. 28, 1990, 104 Stat. 3616.)

-REFTEXT-
REFERENCES IN TEXT
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as
amended and supplemented, referred to in par. (6), is section 13 of
act Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified
to the Code.


-MISC1-
AMENDMENTS
1990 - Par. (6). Pub. L. 101-624 inserted "and enhance the water
quality of" after "recreation resources of".
1981 - Par. (6). Pub. L. 97-98 inserted reference to energy in
the enumeration of the various aspects of lands to be conserved and
developed within areas included under plans for works of
improvement.
1972 - Par. (6). Pub. L. 92-419 added par. (6).
1956 - Pars. (2) to (6). Act Aug. 7, 1956, substituted in par.
(2) provisions authorizing the Secretary to prepare plans and
estimates required for adequate engineering evaluation for
provisions which authorized the Secretary to make studies for
physical and economic soundness of plans for works of improvement,
added par. (3), and redesignated former pars. (3) and (4) as (4)
and (5), respectively.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of Agriculture under this chapter to
Federal Inspector, Office of Federal Inspector for Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 1002 of this title.


-MISC2-
EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001
of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1007, 1008, 3811, 3821 of
this title.

-End-



-CITE-
16 USC Sec. 1003a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1003a. Cost share assistance

-STATUTE-
(a) Easements
The Secretary may provide cost share assistance to project
sponsors to enable such sponsors to acquire perpetual wetland or
floodplain conservation easements to perpetuate, restore and
enhance the natural capability of wetlands and floodplains to
retain excessive floodwaters, improve water quality and quantity,
and provide habitat for fish and wildlife.
(b) Amount
The Secretary shall require that project sponsors of watershed
projects provide up to 50 percent of the cost of acquiring
easements under subsection (a) of this section.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 3A, as added Pub. L. 101-624, title
XIV, Sec. 1462, Nov. 28, 1990, 104 Stat. 3615.)

-End-



-CITE-
16 USC Sec. 1004 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1004. Conditions for Federal assistance

-STATUTE-
The Secretary shall require as a condition to providing Federal
assistance for the installation of works of improvement that local
organizations shall -
(1) acquire, or with respect to interests in land to be
acquired by condemnation provide assurances satisfactory to the
Secretary that they will acquire, without cost to the Federal
Government from funds appropriated for the purposes of this
chapter, such land, easements, or rights-of-way as will be needed
in connection with works of improvement installed with Federal
assistance: Provided, That when a local organization agrees to
operate and maintain any reservoir or other area included in a
plan for public fish and wildlife or recreational development,
the Secretary shall be authorized to bear not to exceed one-half
of the costs of (a) the land, easements, or rights-of-way
acquired or to be acquired by the local organization for such
reservoir or other area, and (b) minimum basic facilities needed
for public health and safety, access to, and use of such
reservoir or other area for such purposes: Provided further, That
the Secretary shall be authorized to participate in recreational
development in any watershed project only to the extent that the
need therefor is demonstrated in accordance with standards
established by him, taking into account the anticipated man-days
of use of the projected recreational development and giving
consideration to the availability within the region of existing
water-based outdoor recreational developments: Provided further,
That the Secretary shall be authorized to participate in not more
than one recreational development in a watershed project
containing less than seventy-five thousand acres, or two such
developments in a project containing between seventy-five
thousand and one hundred and fifty thousand acres, or three such
developments in projects exceeding one hundred and fifty thousand
acres: Provided further, That when the Secretary and a local
organization have agreed that the immediate acquisition by the
local organization of land, easements, or rights-of-way is
advisable for the preservation of sites for works of improvement
included in a plan from encroachment by residential, commercial,
industrial, or other development, the Secretary shall be
authorized to advance to the local organization from funds
appropriated for construction of works of improvement the amounts
required for the acquisition of such land, easements or
rights-of-way; and, except where such costs are to be borne by
the Secretary, such advance shall be repaid by the local
organization, with interest, prior to construction of the works
of improvement, for credit to such construction funds: Provided
further, That the Secretary shall be authorized to bear an amount
not to exceed one-half of the costs of the land, easements, or
rights-of-way acquired or to be acquired by the local
organization for mitigation of fish and wildlife habitat losses,
and that such acquisition is not limited to the confines of the
watershed project boundaries;
(2) assume (A) such proportionate share, as is determined by
the Secretary to be equitable in consideration of national needs
and assistance authorized for similar purposes under other
Federal programs, of the costs of installing any works of
improvement, involving Federal assistance (excluding engineering
costs), which is applicable to the agricultural phases of the
conservation, development, utilization, and disposal of water or
for fish and wildlife development, recreational development,
ground water recharge, water quality management, or the
conservation and proper utilization of land: Provided, That works
of improvement for water quality management shall consist
primarily of water storage capacity in reservoirs for regulation
of streamflow, except that any such storage and water releases
shall not be provided as a substitute for adequate treatment or
other methods of controlling waste at the source, and shall be
consistent with standards and regulations adopted by the Water
Resources Council on Federal cost sharing for water quality
management, and (B) all of the cost of installing any portion of
such works applicable to other purposes except that any part of
the construction cost (including engineering costs) applicable to
flood prevention and features relating thereto shall be borne by
the Federal Government and paid for by the Secretary out of funds
appropriated for the purposes of this chapter: Provided, That, in
addition to and without limitation on the authority of the
Secretary to make loans or advancements under section 1006a of
this title, the Secretary may pay for any storage of water for
present or anticipated future demands or needs for municipal or
industrial water included in any reservoir structure constructed
or modified under the provisions of this chapter as hereinafter
provided: Provided further, That the cost of water storage to
meet future demands may not exceed 30 per centum of the total
estimated cost of such reservoir structure and the local
organization shall give reasonable assurances, and there is
evidence, that such demands for the use of such storage will be
made within a period of time which will permit repayment within
the life of the reservoir structure of the cost of such storage:
Provided further, That the Secretary shall determine prior to
initiation of construction or modification of any reservoir
structure including such water supply storage that there are
adequate assurances by the local organization or by an agency of
the State having authority to give such assurances, that the
Secretary will be reimbursed the cost of water supply storage for
anticipated future demands, and that the local organization will
pay not less than 50 per centum of the cost of storage for
present water supply demands: And provided further, That the cost
to be borne by the local organization for anticipated future
demands may be repaid within the life of the reservoir structure
but in no event to exceed fifty years after the reservoir
structure is first used for the storage of water for anticipated
future water supply demands, except that (1) no reimbursement of
the cost of such water supply storage for anticipated future
demands need be made until such supply is first used, and (2) no
interest shall be charged on the cost of such water-supply
storage for anticipated future demands until such supply is first
used, but in no case shall the interest-free period exceed ten
years. The interest rate used for purposes of computing the
interest on the unpaid balance shall be determined in accordance
with the provisions of section 1006a of this title.
(3) make arrangements satisfactory to the Secretary for
defraying costs of operating and maintaining such works of
improvement, in accordance with regulations presented by the
Secretary of Agriculture;
(4) acquire, or provide assurance that landowners or water
users have acquired, such water rights, pursuant to State law, as
may be needed in the installation and operation of the work of
improvement;
(5) obtain agreements to carry out recommended soil
conservation measures and proper farm plans from owners of not
less than 50 per centum of the land situated in the drainage area
above each retention reservoir to be installed with Federal
assistance; and
(6) submit a plan of repayment satisfactory to the Secretary
for any loan or advancement made under the provisions of section
1006a of this title.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 4, 68 Stat. 667; Aug. 7, 1956, ch.
1027, Sec. 1(c)-(e), 70 Stat. 1088; Pub. L. 85-865, Sec. 1, Sept.
2, 1958, 72 Stat. 1605; Pub. L. 86-545, June 29, 1960, 74 Stat.
254; Pub. L. 87-703, title I, Secs. 103, 104, Sept. 27, 1962, 76
Stat. 608, 609; Pub. L. 92-419, title II, Sec. 201(d)-(f), Aug. 30,
1972, 86 Stat. 668; Pub. L. 97-98, title XV, Sec. 1512(d), Dec. 22,
1981, 95 Stat. 1333.)


-MISC1-
AMENDMENTS
1981 - Par. (1). Pub. L. 97-98 inserted proviso authorizing the
Secretary to bear an amount not to exceed one-half of the costs of
the land, easements, or rights-of-way acquired or to be acquired by
the local organization for mitigation of fish and wildlife habitat
losses and directing that such acquisitions are not limited to the
confines of the watershed project boundaries.
1972 - Par. (1). Pub. L. 92-419, Sec. 201(d), inserted "from
funds appropriated for the purposes of this chapter" after "without
cost to the Federal Government".
Par. (2)(A). Pub. L. 92-419, Sec. 201(e), substituted "fish and
wildlife development, recreational development, ground water
recharge, water quality management, or the conservation and proper
utilization of land", for "fish and wildlife or recreational
development" and inserted water quality management proviso.
Par. (2)(B). Pub. L. 92-419, Sec. 201(f), in revising text and
making changes in phraseology, authorized payment for water storage
for present demands, inserted at end of first proviso "as
hereinafter provided", substituted provisions respecting
Secretary's determination of adequate assurances by the local
agency or by an agency of the State having authority to give such
assurances that the Secretary will be reimbursed the cost of water
supply storage for anticipated future demands, and that the local
organization will pay not less than 50 per centum of the cost of
storage for present water supply demands, for provisions respecting
the giving of reasonable assurances by the local organization of
repayment of cost of such water supply storage for anticipated
future demands, and substituted permissive provisions for repayment
of cost for anticipated future demands within life of the reservoir
structure for former mandatory provisions.
1962 - Par. (1). Pub. L. 87-703, Sec. 103(1), inserted provisos
respecting cost sharing, participation, number of recreational
developments and advances of funds.
Par. (2)(A). Pub. L. 87-703, Sec. 103(2), substituted "national
needs and assistance authorized for similar purposes under other
Federal programs" for "the direct identifiable benefits" and
inserted "(excluding engineering costs)" after "Federal assistance"
and "or recreational" before "development".
Par. (2)(B). Pub. L. 87-703, Sec. 104, inserted provisos
respecting water storage payments and limitation on amount of such
payments, repayment agreements and period of time for repayment and
provisions for commencement of repayment, interest-free period and
rate of interest.
1960 - Par. (1). Pub. L. 86-545 inserted provisions requiring
local organizations to provide assurances with respect to interests
in land to be acquired by condemnation.
1958 - Par. (2)(A). Pub. L. 85-865 inserted "or for fish and
wildlife development" after "and disposal of water".
1956 - Par. (2). Act Aug. 7, 1956, Sec. 1(c), required local
organizations to assume a proportionate share of costs applicable
to agricultural water management in consideration of the direct
identifiable benefits, and all the costs of works applicable to
other purposes, and provided that the Federal Government shall bear
the entire construction costs for flood prevention.
Par. (4). Act Aug. 7, 1956, Sec. 1(d), inserted "or water users"
after "landowners".
Par. (6). Act Aug. 7, 1956, Sec. 1(e), added par. (6).

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1958 AMENDMENT
Section 2 of Pub. L. 85-865 provided that: "The Secretary of
Agriculture shall not furnish or agree to furnish financial
assistance to local organizations for the institution of works of
improvement for fish and wildlife development pursuant to the
authority of this Act [amending this section] prior to July 1,
1958."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of Agriculture under this chapter to
Federal Inspector, Office of Federal Inspector for Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 1002 of this title.


-MISC2-
PUBLIC ACCESS TO WATER IMPOUNDMENTS
Pub. L. 99-662, title IX, Sec. 930, Nov. 17, 1986, 100 Stat.
4196, provided that: "The Secretary of Agriculture, acting through
the Administrator of the Soil Conservation Service, shall study and
report to the appropriate committees of the Senate and the House of
Representatives by April 1, 1988, on the feasibility, the
desirability, and the public interest involved in requiring that
public access be provided to any or all water impoundments that
have recreation-related potential and that were authorized pursuant
to the Watershed Protection and Flood Protection Act (68 Stat. 666;
16 U.S.C. 1001 et seq.)."

EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001
of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1005 of this title.

-End-



-CITE-
16 USC Sec. 1005 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION

-HEAD-
Sec. 1005. Works of improvement

-STATUTE-
(1) Engineering and other services; reimbursement; advances
At such time as the Secretary and the interested local
organization have agreed on a plan for works of improvement, and
the Secretary has determined that the benefits exceed the costs,
and the local organization has met the requirements for
participation in carrying out the works of improvement as set forth
in section 1004 of this title, the local organization may secure
engineering and other services, including the design, preparation
of contracts and specifications, awarding of contracts, and
supervision of construction, in connection with such works of
improvement, by retaining or employing a professional engineer or
engineers satisfactory to the Secretary or may request the
Secretary to provide such services: Provided, That if the local
organization elects to employ a professional engineer or engineers,
the Secretary shall reimburse the local organization for the costs
of such engineering and other services secured by the local
organization as are properly chargeable to such works of
improvement in an amount not to exceed the amount agreed upon in
the plan for works of improvement or any modification thereof:
Provided further, That the Secretary may advance such amounts as
may be necessary to pay for such services, but such advances with
respect to any works of improvement shall not exceed 5 per centum
of the estimated installation cost of such works.
(2) Federal construction; request by local organization
Except as to the installation of works of improvement on Federal
lands, the Secretary shall not construct or enter into any contract
for the construction of any structure: Provided, That, if requested
to do so by the local organization, the Secretary may enter into
contracts for the construction of structures.
(3) Transmission of certain plans to Congress
Whenever the estimated Federal contribution to the construction
costs of works of improvement in the plan for any watershed or
subwatershed area shall exceed $5,000,000 or the works of
improvement include any structure having a total capacity in excess
of twenty-five hundred acre-feet, the Secretary shall transmit a
copy of the plan and the justification therefor to the Congress
through the President.
(4) Transmission of certain plans and recommendations to Congress
Any plans for works of improvement involving an estimated Federal
contribution to construction costs in excess of $5,000,000 or
including any structure having a total capacity in excess of
twenty-five hundred acre-feet (a) which includes works of
improvement for reclamation or irrigation, or which affects public
or other lands or wildlife under the jurisdiction of the Secretary
of the Interior, (b) which includes Federal assistance for
goodwater (!1) detention structures, (c) which includes features
which may affect the public health, or (d) which includes measures
for control or abatement of water pollution, shall be submitted to
the Secretary of the Interior, the Secretary of the Army, the
Secretary of Health and Human Services, or the Administrator of the
Environmental Protection Agency, respectively, for his views and
recommendations at least thirty days prior to transmission of the
plan to the Congress through the President. The views and
recommendations of the Secretary of the Interior, the Secretary of
the Army, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency, if received
by the Secretary prior to the expiration of the above thirty-day
period, shall accompany the plan transmitted by the Secretary to
the Congress through the President.

(5) Rules and regulations
Prior to any Federal participation in the works of improvement
under this chapter, the President shall issue such rules and
regulations as he deems necessary or desirable to carry out the
purposes of this chapter, and to assure the coordination of the
work authorized under this chapter and related work of other
agencies, including the Department of the Interior and the
Department of the Army.

-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 5, 68 Stat. 667; July 19, 1956, ch.
639, 70 Stat. 580; Aug. 7, 1956, ch. 1027, Sec. 1(f), 70 Stat.
1089; Pub. L. 87-703, title I, Sec. 105, Sept. 27, 1962, 76 Stat.
609; Pub. L. 90-361, June 27, 1968, 82 Stat. 250; Pub. L. 92-419,
title II, Sec. 201(g), Aug. 30, 1972, 86 Stat. 669; Pub. L. 95-113,
title XV, Sec. 1506(b), (c), Sept. 29, 1977, 91 Stat. 1022; Pub. L.
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L.
97-98, title XV, Sec. 1512(e), (f), Dec. 22, 1981, 95 Stat. 1333.)


-MISC1-
AMENDMENTS
1981 - Subd. (3). Pub. L. 97-98, Sec. 1512(e), substituted
"$5,000,000" for "$1,000,000".
Subd. (4). Pub. L. 97-98, Sec. 1512(f), substituted "$5,000,000"
for "$1,000,000".
1977 - Subd. (3). Pub. L. 95-113, Sec. 1506(b), substituted
"$1,000,000" for "$250,000".
Subd. (4). Pub. L. 95-113, Sec. 1506(c), substituted "$1,000,000"
for "$250,000".
1972 - Subd. (4). Pub. L. 92-419 substituted in item (a) "works
of improvement for reclamation or irrigation" for "reclamation or
irrigation works", in item (b) "goodwater" for "floodwater", added
items (c) and (d), required submission of plans to Secretary of
Health, Education, and Welfare, or the Administrator of the
Environmental Protection Agency and transmittal of views and
recommendations of such officials to the Congress.
1968 - Subd. (2). Pub. L. 90-361 inserted proviso authorizing the
Secretary to enter into contracts for the construction of
structures if requested to do so by the local organization.
1962 - Subd. (1). Pub. L. 87-703 designated existing provisions
as subd. (1); substituted "local organization may secure" for
"local organization with such assistance as it may request from the
Secretary, which assistance the Secretary is authorized to give,
shall secure" and "by retaining or employing a professional
engineer or engineers satisfactory to the Secretary or may request
the Secretary to provide such services" for "and in order to
properly carry out such services in such projects as to such
structures therein providing for municipal or industrial water
supplies, the local organization shall, and in such projects not
providing for municipal or industrial water supplies, the local
organization may, retain or employ a professional engineer or
engineers satisfactory to the Secretary"; struck out ", except that
if the local organization decides not to retain or employ a
professional engineer or if the Secretary determines that competent
engineering services are not available he may contract for a
competent engineer to provide such services or arrange for
employees of the Federal Government to provide such services" after
"chargeable to such works of improvement"; provided for
reimbursement for other services; and required the reimbursement
not to exceed the amount agreed upon in the plan for works of
improvement or any modification thereof.
Subd. (2). Pub. L. 87-703 designated existing provisions as subd.
(2), and struck out "unless there is no local organization
authorized by State law to undertake such construction or to enter
into such contract, and in no event after July 1, 1956: Provided,
That in participating in the installation of such works of
improvement the Secretary, as far as practicable and consistent
with his responsibilities for administering the overall national
agricultural program, shall utilize the authority conferred upon
him by the provisions of this chapter" after "structure".
Subds. (3) to (5). Pub. L. 87-703 designated existing provisions
as subds. (3) to (5) and made phraseological changes.
1956 - Act Aug. 7, 1956, required local organization to secure
engineering and other services and to employ engineers, except in
projects not providing for municipal or industrial water supplies,
when the local organization may or may not employ engineers,
provided for reimbursement of costs of engineers, authorized the
Secretary to contract for engineers or to utilize engineers
employed by the Federal Government when local organizations do not
employ any, permitted advances, required transmittal of plans when
Federal contributions to construction costs are more than $250,000
or the works include any structures with more than 2,500 acre-feet
of total capacity, eliminated provisions which required transmittal
45 days prior to commencement of installation, and reduced the
period for submission of plans to the Secretaries of the Interior
and the Army from 60 days to 30 days prior to transmittal to
Congress.
Act July 19, 1956, substituted "fifteen" for "forty-five".

-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in par. (4) pursuant
to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.


-MISC2-
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under
section 4301 of Title 7, Agriculture.

EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of (continued)