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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.
-MISC3-
EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Amendment by act Aug. 7, 1956, as applicable to all works of
improvement and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001
of this title.
-EXEC-
EX. ORD. NO. 10584. RULES AND REGULATIONS RELATING TO
ADMINISTRATION
Ex. Ord. No. 10584, Dec. 18, 1954, 19 F.R. 8725, as amended by
Ex. Ord. No. 10913, Jan. 18, 1961, 26 F.R. 510, provided:
Section 1. Scope of order. This order shall apply (a) to the
planning, construction, operation, and maintenance of all works of
improvement under the authority of the Watershed Protection and
Flood Prevention Act (Public Law 566, as approved August 4, 1954,
as amended; U.S.C. 1001 et seq.) [this chapter], hereinafter
referred to as the Act, and (b) to other programs and projects of
the Department of Agriculture, and to programs and projects of the
Department of the Interior, the Department of the Army, and other
Federal agencies to the extent that such programs or projects
affect, or are affected significantly by, works of improvement
provided for in the Act.
Sec. 2. General administration. The Secretary of Agriculture
shall have the following-described responsibilities under the Act
[this chapter]:
(a) Approval or disapproval of applications for Federal
assistance in preparing plans for works of improvement, and the
assignment of priorities for the provision of such assistance.
(b) Establishing criteria for the formulation and justification
of plans for works of improvement and criteria for the sharing of
the cost of both structural and land-treatment measures which
conform with the provisions of the Act and with policies
established by or at the direction of the President for watershed
protection, flood prevention, irrigation, drainage, water supply,
and related water-resources development purposes.
(c) Establishing engineering and economic standards and
objectives, including standards as to degrees of flood protection,
for works of improvement planned and carried out under the
authority of the Act.
(d) Determination and definition of (1) those land-treatment
measures and structural improvements for flood prevention and
measures for the agricultural phases of conservation, development,
use and disposal of water or for fish and wildlife development
which are eligible for assistance under the Act and (2) the nature
and extent of such assistance and the conditions under which such
assistance shall be rendered.
(e) Planning and installing works of improvement on lands under
his jurisdiction, and arranging for the participation of other
Federal agencies in the planning and installation of works of
improvement on lands under their jurisdiction. Recommendations of
the heads of other Federal agencies for necessary works of
improvement on lands under their jurisdiction shall be submitted as
an integral part of the plans of the Department of Agriculture for
works of improvement. Arrangements for construction, operation, and
maintenance of works of improvement on such lands shall be mutually
satisfactory to the Secretary of Agriculture and the head of the
Federal agency concerned.
(f) Submitting plans for works of improvement to the State
Governor or Governors concerned and to the Federal agencies
concerned for review and comment when the Secretary and the
interested local organization have agreed on such plans; and, when
and as required by the Act, submitting such plans to the Secretary
of the Interior and the Secretary of the Army for their review and
comment prior to transmission of the plans to the Congress through
the President.
(g) Giving full consideration to the recommendations concerning
the conservation and development of fish and wildlife resources
contained in any report of the Secretary of the Interior which is
submitted to him, in accordance with section 12 of the Act [section
1008 of this title] and section 5 of this order, prior to the time
he and the local organization have agreed on a plan for works of
improvement, and including in the plan such works of improvement
for fish and wildlife purposes recommended in the report as are
acceptable to him and the local organization.
(h) Holding public hearings at suitable times and places when he
determines that such action will further the purposes of the Act.
Sec. 3. Notification. (a) The Secretary of Agriculture shall:
(1) Notify in writing the State Governor or Governors concerned,
the Secretary of the Interior, the Secretary of the Army, and other
Federal agencies concerned of his decision to initiate any survey
or field investigation involving water-resources development work,
and furnish them with appropriate information regarding the scope,
nature, status, and results of such survey or investigation.
(2) Notify the following, severally, in writing of all approvals
or disapprovals of applications for planning assistance: the
sponsoring organization, the State Governor or Governors concerned,
the Secretary of the Interior, the Secretary of the Army, and other
Federal agencies concerned.
(b) The Secretary of the Interior shall notify in writing the
State Governor or Governors concerned, the Secretary of
Agriculture, the Secretary of the Army, and other Federal agencies
concerned of his decision to initiate any survey or field
investigation involving water-resources development work, and
furnish them with appropriate information regarding the scope,
nature, status, and results of such survey or investigation.
(c) The Secretary of the Army shall notify in writing the State
Governor or Governors concerned, the Secretary of Agriculture, the
Secretary of the Interior, and other Federal agencies concerned of
his decision to initiate any survey or field investigation
involving water-resources development work, and furnish them with
appropriate information regarding the scope, nature, status, and
results of such survey or investigation.
Sec. 4. Coordination. In order to assure the coordination of work
authorized under the Act [this chapter] and the related work of
other agencies, so that the proper use, conservation, and
development of water and related land resources through Federal
programs and financial assistance may be achieved in the most
orderly, economical, and effective manner.
(a) The Secretary of Agriculture, before authorizing planning
assistance in response to an application from a local organization
for assistance under the Act [this chapter] shall:
(1) When an application applies to a watershed located in one of
the seventeen western reclamation States or Hawaii and it appears
that a major objective is the agricultural phases of the
conservation, development, utilization, and disposal of water for
irrigation purposes, request the views of the Secretary of the
Interior concerning the feasibility of achieving equivalent
irrigation benefits by means of works of improvement constructed
pursuant to the Reclamation Act of June 17, 1902 (43 U.S.C. 391),
and acts amendatory or supplementary thereto, or by means of
assistance furnished pursuant to the Small Reclamation Projects Act
of 1956, as amended (43 U.S.C. 422a-422k) [43 U.S.C. 422a to
422k-1], and authorize planning assistance under the Act only after
carefully considering whether works of improvement under the Act
would be a more appropriate method of achieving that objective.
(2) When it appears that a major objective of an application is
the reduction of flood damages in urban areas (as defined in the
most recent census), request the views of the Secretary of the Army
concerning the feasibility of achieving equivalent urban flood
protection benefits by means of works of improvement constructed
pursuant to the Flood Control Act of March 1, 1917 (39 Stat. 948),
the Flood Control Act of May 15, 1928 (45 Stat. 534), the Flood
Control Act of June 22, 1936 (49 Stat. 1570), or acts amendatory or
supplementary thereto, and authorize planning assistance under the
Act only after carefully considering whether works of improvement
under the Act would be a more appropriate method of achieving that
objective.
(3) When an application applies to a watershed located in the
Tennessee River drainage basin, request the views of the Board of
Directors of the Tennessee Valley Authority concerning the
feasibility of achieving the objectives of the application by means
of works of improvement for flood control or watershed protection
constructed under the Tennessee Valley Authority Act of 1933, as
amended (16 U.S.C. 831 et seq.), and authorize planning assistance
under the Act only after carefully considering whether works of
improvement under the Act would be a more appropriate method of
achieving such objectives; and when such planning assistance is
authorized, consult with the Tennessee Valley Authority throughout
all phases of project development concerning the relationship of
works of improvement under the Act to the unified development and
regulation of the Tennessee River system.
(b) The Secretary of the Interior shall, prior to undertaking any
survey or field investigation under the Reclamation Act of June 17,
1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto,
or prior to initiating investigations after receipt of a Notice of
Intent to apply for a loan under the Small Reclamation Projects Act
of 1956, as amended (43 U.S.C. 422a-422k) [43 U.S.C. 422a to
422k-1], relating to works of improvements wholly within a
watershed or subwatershed area of not more than 250,000 acres,
request the views of the Secretary of Agriculture concerning the
feasibility of achieving the major objectives of the project
proposal by means of Federal assistance furnished pursuant to the
Act [this chapter], and submit a report on such a survey or field
investigation or approve such application for assistance only after
carefully considering whether works of improvement under his
authorities would be a more appropriate method of achieving such
objectives.
(c) The Secretary of the Army shall, prior to undertaking any
survey or field investigation pursuant to the Flood Control Act of
March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15, 1928
(45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat.
1570), and acts amendatory or supplementary thereto, relating to
works of improvement wholly within a watershed or subwatershed area
of not more than 250,000 acres, request the views of the Secretary
of Agriculture concerning the feasibility of achieving the major
objectives of the project proposal by means of Federal assistance
furnished pursuant to the Act [this chapter], and submit a report
on such survey or field investigation only after carefully
considering whether works of improvement under his authorities
would be a more appropriate method of achieving such objectives.
(d) The Board of Directors of the Tennessee Valley Authority
shall, prior to undertaking any survey or field investigation under
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C.
831 et seq.), relating to works of improvement for flood control or
watershed protection to be installed wholly within a watershed or
subwatershed area of not more than 250,000 acres, request the views
of the Secretary of Agriculture concerning the feasibility of
achieving the major objectives of the works of improvement for
flood control or watershed protections by means of works of
improvement constructed under the Act [this chapter], and proceed
with such survey or investigation only after carefully considering
whether works of improvement under the Tennessee Valley Authority
Act would be a more appropriate method of achieving such
objectives.
(e) Whenever the foregoing provisions of this section require an
agency head to request the views of another agency head, such
request shall be effected prior to the making of any commitment to
local interests, and local interests shall be informed at the
outset of negotiations that any plan resulting therefrom is subject
to coordination as required by this section.
(f) When any agency having responsibilities for water resources
development is considering the initiation of surveys or field
investigations in a watershed or subwatershed area of not more than
250,000 acres and it appears that the purposes to be served by the
project under investigation could more advantageously be met by
means of a combination of works of improvement under the statutory
authority available to that and other agencies, the appropriate
agency head shall consider with the other agency heads concerned
and the cooperating local interests the feasibility of preparing a
jointly developed plan for coordinated action under available
statutory authority.
Sec. 5. Fish and wildlife development. Upon receipt of the notice
required by section 12 of the Act [section 1008 of this title] and
section 3(a)(1) of this order, the Secretary of the Interior, as he
desires, may make surveys and investigations and prepare a report
with recommendations concerning the conservation and development of
fish and wildlife resources and participate, under arrangements
satisfactory to the Secretary of Agriculture, in the preparation of
a plan for works of improvement which will be acceptable to the
local organization and the Secretary of Agriculture.
Sec. 6. Relationship to comprehensive development. (a) The
Secretary of Agriculture shall submit plans for installation of
works of improvement under the Act [this chapter] to the Congress
through the President only if the Secretary is satisfied that such
works constitute needed and harmonious elements in the
comprehensive development of the river subbasin or river basin
involved.
(b) Federal agencies having responsibilities for water resource
developments shall, in the design and justification of works of
improvement, take cognizance of all upstream and downstream works
in place and in operation, or soon to be brought into operation.
The guiding principle shall be to adjust the nature, capacity, and
operating characteristics of works of improvement in a manner that
(1) reflects the respective contributions of upstream and
downstream works to flood protection and to the conservation,
development, use, and disposal of water, and (2) provides the best
use and control of water resources at minimum cost. Whenever
approximately equivalent benefits can be obtained from alternative
works of improvement, or combinations of improvements, with
approximately the same cost the alternative or combination lease
costly to the Federal Government shall be given preferential
consideration. In case benefits are produced jointly by more than
one work of improvement, or in case complementary relationships
exist between the projects and plans of the several agencies, the
benefits claimed in justification of a system of improvements shall
not include any duplication or compounding of benefits.
Sec. 7. Basic data. In the utilization of existing basic physical
and economic data, and in the acquisition of additional basic data
required for planning, design, construction, operation and
evaluation of works of improvement authorized under the Act [this
chapter], the Department of Agriculture shall be assisted by the
principal basic-data collection agencies, including the Geological
Survey in the Department of the Interior and the Weather Bureau
[now the National Weather Service] in the Department of Commerce.
The basic-data collection agencies shall assist and cooperate with
the Department of Agriculture with respect to the following:
(a) Provision of pertinent information in the preliminary
planning of works of improvement.
(b) Collaboration in planning programs of hydrologic-data
collection in project areas, in the selection of station sites and
installation of equipment for collecting hydrologic data, and in
the collection of such data.
(c) Collaboration in the analysis and interpretation of
hydrologic data collected specifically for projects initiated under
the Act, and of relevant data which may contribute to an analysis
of the effects of such projects.
Dwight D. Eisenhower.
EX. ORD. NO. 10654. DELEGATION OF FUNCTIONS TO DIRECTOR OF BUREAU
OF THE BUDGET
Ex. Ord. No. 10654, Jan. 20, 1956, 21 F.R. 511, provided:
The functions vested in the President by the third proviso of
section 5 of the Watershed Protection and Flood Prevention Act (68
Stat. 667) [this section], relating to the transmittal to the
Congress of copies of plans for certain works of improvement and
the justifications therefor, are hereby delegated to the Director
of the Bureau of the Budget.
Dwight D. Eisenhower.
-TRANS-
TRANSFER OF FUNCTIONS
Functions vested by law (including reorganization plan) in Bureau
of the Budget or Director of Bureau of the Budget, referred to in
Ex. Ord. No. 10654, transferred to President by section 101 of
Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84
Stat. 2085, set out in the Appendix to Title 5, Government
Organization and Employees. Section 102 of Reorg. Plan No. 2 of
1970 redesignated Bureau of the Budget as Office of Management and
Budget and Director of Bureau of the Budget as Director of Office
of Management and Budget.
-FOOTNOTE-
(!1) So in original. Probably should be "floodwater".
-End-
-CITE-
16 USC Sec. 1006 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1006. Cooperative programs
-STATUTE-
The Secretary is authorized in cooperation with other Federal and
with States and local agencies to make investigations and surveys
of the watershed of rivers and other waterways as a basis for the
development of coordinated programs. In areas where the programs of
the Secretary of Agriculture may affect public or other lands under
the jurisdiction of the Secretary of the Interior, the Secretary of
the Interior is authorized to cooperate with the Secretary of
Agriculture in the planning and development of works or programs
for such lands.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 6, 68 Stat. 668.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of Agriculture under this chapter to
Federal Inspector, Office of Federal Inspector for Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 1002 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 30 section 1265.
-End-
-CITE-
16 USC Sec. 1006a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1006a. Loans or advancements for financing local share of
costs; repayment; interest; maximum amount
-STATUTE-
The Secretary is authorized to make loans or advancements (a) to
local organizations to finance the local share of costs of carrying
out works of improvement provided for in this chapter, and (b) to
State and local agencies to finance the local share of costs of
carrying out works of improvement (as defined in section 1002 of
this title) in connection with the eleven watershed improvement
programs authorized by section 13 of the Act of December 22, 1944
(58 Stat. 887), as amended and supplemented: Provided, That the
works of improvement in connection with said eleven watershed
improvement programs shall be integral parts of watershed or
subwatershed work plans agreed upon by the Secretary of Agriculture
and the concerned State and local agencies. A loan or advance under
this section shall be made under a contract or agreement that
provides, under such terms and conditions as the Secretary
considers appropriate, for the repayment of the loan or advance in
not more than 50 years from the date when the principal benefits of
the works of improvement first become available, with interest at a
rate not to exceed the current market yield for outstanding
municipal obligations with remaining periods to maturity comparable
to the average maturity for the loan, adjusted to the nearest 1/8
of 1 percent. With respect to any single plan for works of
improvement, the amount of any such loan or advancement shall not
exceed $10,000,000.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 8, as added Aug. 7, 1956, ch. 1027,
Sec. 1(g), 70 Stat. 1090; amended Pub. L. 86-468, Sec. 1, May 13,
1960, 74 Stat. 131; Pub. L. 95-113, title XV, Sec. 1508, Sept. 29,
1977, 91 Stat. 1022; Pub. L. 104-127, title VII, Sec. 791(b), Apr.
4, 1996, 110 Stat. 1151.)
-REFTEXT-
REFERENCES IN TEXT
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as
amended and supplemented, referred to in text, is section 13 of act
Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified to
the Code.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-127 added second sentence and struck out
former second sentence which read as follows: "Such loans or
advancements shall be made under contracts or agreements which will
provide, under such terms and conditions as the Secretary deems
appropriate, for the repayment thereof in not more than fifty years
from the date when the principal benefits of the works of
improvement first become available, with interest at the average
rate, as determined by the Secretary of the Treasury, payable by
the Treasury upon its marketable public obligations outstanding at
the beginning of the fiscal year in which the loan or advancement
is made, which are neither due nor callable for redemption for
fifteen years from date of issue."
1977 - Pub. L. 95-113 substituted "$10,000,000" for "five million
dollars" as the maximum amount of a loan or advancement for any
single plan for works of improvement.
1960 - Pub. L. 86-468 authorized the Secretary to make loans or
advancements to state and local agencies to finance the local share
of costs of carrying out works of improvement in connection with
the 11 watershed improvement programs authorized by section 13 of
the act of Dec. 22, 1944.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of
Title 7, Agriculture.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of Agriculture under this chapter to
Federal Inspector, Office of Federal Inspector for Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 1002 of this title.
-MISC2-
EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Section as applicable to all works of improvement and plans for
such works under the provisions of this chapter, see Extension of
Benefits note set out under section 1001 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1004, 1007, 3811, 3821 of
this title.
-End-
-CITE-
16 USC Sec. 1006b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1006b. Territorial application
-STATUTE-
The provisions of this chapter shall be applicable to Hawaii,
Alaska, Puerto Rico, and the Virgin Islands.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 9, as added Aug. 7, 1956, ch. 1027,
Sec. 1(g), 70 Stat. 1090.)
-MISC1-
EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956
Section as applicable to all works of improvement and plans for
such works under the provisions of this chapter, see Extension of
Benefits note set out under section 1001 of this title.
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959, on issuance
of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and
Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of
Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For
Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.
339, set out as a note preceding former section 21 of Title 48,
Territories and Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding former section 491 of Title 48.
-End-
-CITE-
16 USC Sec. 1007 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1007. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this chapter, such sums
to remain available until expended. No appropriation hereafter
available for assisting local organizations in preparing and
carrying out plans for works of improvement under the provisions of
section 1003 of this title or clause (a) of section 1006a of this
title shall be available for any works of improvement pursuant to
this chapter or otherwise in connection with the eleven watershed
improvement programs authorized by section 13 of the Act of
December 22, 1944 (58 Stat. 887), as amended and supplemented, or
for making loans or advancements to State and local agencies as
authorized by clause (b) of section 1006a of this title.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 10, formerly Sec. 8, 68 Stat. 668;
renumbered Sec. 10, Aug. 7, 1956, ch. 1027, Sec. 1(g), 70 Stat.
1090; amended Pub. L. 86-468, Sec. 3, May 13, 1960, 74 Stat. 132.)
-REFTEXT-
REFERENCES IN TEXT
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as
amended and supplemented, referred to in text, is section 13 of act
Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified to
the Code.
-MISC1-
AMENDMENTS
1960 - Pub. L. 86-468 prohibited appropriations available for
assisting local organizations in preparing and carrying out plans
for works of improvement under sections 1003 and 1006a(a) of this
title from being used for works of improvement in connection with
the 11 watershed improvement programs authorized by section 13 of
the act of Dec. 22, 1944, or for making loans or advancements to
state and local agencies as authorized by section 1006a(b) of this
title.
-End-
-CITE-
16 USC Sec. 1008 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1008. Notification of Secretary of the Interior of approval of
assistance; surveys and investigations; report and
recommendations; consideration; cost of surveys, investigations
and reports
-STATUTE-
When the Secretary approves the furnishing of assistance to a
local organization in preparing a plan for works of improvement as
provided for in section 1003 of this title:
(1) The Secretary shall so notify the Secretary of the Interior
in order that the latter, as he desires, may make surveys and
investigations and prepare a report with recommendations concerning
the conservation and development of wildlife resources and
participate, under arrangements satisfactory to the Secretary of
Agriculture, in the preparation of a plan for works of improvement
that is acceptable to the local organization and the Secretary of
Agriculture.
(2) Full consideration shall be given to the recommendations
contained in any such report of the Secretary of the Interior as he
may submit to the Secretary of Agriculture prior to the time the
local organization and the Secretary of Agriculture have agreed on
a plan for works of improvement. The plan shall include such of the
technically and economically feasible works of improvement for
wildlife purposes recommended in the report by the Secretary of the
Interior as are acceptable to, and agreed to by, the local
organization and the Secretary of Agriculture, and such report of
the Secretary of the Interior shall, if requested by the Secretary
of the Interior, accompany the plan for works of improvement when
it is submitted to the Secretary of Agriculture for approval or
transmitted to the Congress through the President.
(3) The cost of making surveys and investigations and of
preparing reports concerning the conservation and development of
wildlife resources shall be borne by the Secretary of the Interior
out of funds appropriated to his Department.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 12, as added Pub. L. 85-624, Sec. 3,
Aug. 12, 1958, 72 Stat. 567.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of Agriculture under this chapter to
Federal Inspector, Office of Federal Inspector for Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 1002 of this title.
-End-
-CITE-
16 USC Sec. 1009 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1009. Joint investigations and surveys by Secretary of the
Army and Secretary of Agriculture; reports to Congress
-STATUTE-
The Secretary of the Army and the Secretary of Agriculture, when
authorized to do so by resolutions adopted by the Committee on
Environment and Public Works of the Senate or the Committee on
Public Works and Transportation of the House of Representatives,
are authorized and directed to make joint investigations and
surveys in accordance with their existing authorities of watershed
areas in the United States, Puerto Rico, and the Virgin Islands,
and to prepare joint reports on such investigations and surveys
setting forth their recommendations for the installation of the
works of improvement needed for flood prevention or the
conservation, development, utilization, and disposal of water, and
for flood control and allied purposes. Such joint reports shall be
submitted to the Congress through the President for adoption and
authorization by the Congress of the recommended works of
improvement: Provided, That the project authorization procedure
established by this chapter shall not be affected.
-SOURCE-
(Pub. L. 87-639, Sec. 1, Sept. 5, 1962, 76 Stat. 438; Pub. L.
103-437, Sec. 6(w), Nov. 2, 1994, 108 Stat. 4587.)
-COD-
CODIFICATION
Section was not enacted as part of the Watershed Protection and
Flood Prevention Act which comprises this chapter.
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Environment and
Public Works of the Senate or the Committee on Public Works and
Transportation of the House" for "Committee on Public Works of the
Senate or the Committee on Public Works of the House".
-CHANGE-
CHANGE OF NAME
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress.
-MISC2-
AUTHORIZATION OF APPROPRIATIONS
Section 2 of Pub. L. 87-639 provided that: "There are hereby
authorized to be appropriated such sums as may be necessary to
carry out the purposes of this Act [this section], such sums to
remain available until expended."
-End-
-CITE-
16 USC Sec. 1010 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1010. Data
-STATUTE-
The Secretary shall collect and maintain data on a national and
State by State basis concerning -
(1) expenditures for the individual flood control and
conservation measures for which assistance is provided under this
chapter; and
(2) the expected flood control or environmental (including soil
erosion) benefits that will result from the implementation of
such measures.
-SOURCE-
(Aug. 4, 1954, ch. 656, Sec. 13, as added Pub. L. 101-624, title
XIV, Sec. 1463, Nov. 28, 1990, 104 Stat. 3615.)
-End-
-CITE-
16 USC Sec. 1011 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1011. Watershed restoration and enhancement agreements
-STATUTE-
(a) In general
For fiscal year 1997 and each fiscal year thereafter,
appropriations made for the Bureau of Land Management including
appropriations for the Wildland Fire Management account allocated
to the National Park Service, Fish and Wildlife Service, and Bureau
of Indian Affairs may be used by the Secretary of the Interior for
the purpose of entering into cooperative agreements with the heads
of other Federal agencies, tribal, State, and local governments,
private and nonprofit entities, and landowners for the protection,
restoration, and enhancement of fish and wildlife habitat and other
resources on public or private land and the reduction of risk from
natural disaster where public safety is threatened that benefit
these resources on public lands within the watershed.
(b) Direct and indirect watershed agreements
The Secretary of the Interior may enter into a watershed
restoration and enhancement agreement -
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state, local, or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and conditions
In order for the Secretary to enter into a watershed restoration
and enhancement agreement -
(1) the agreement shall -
(A) include such terms and conditions mutually agreed to by
the Secretary and the landowner;
(B) improve the viability of and otherwise benefit the fish,
wildlife, and other biotic resources on public land in the
watershed;
(C) authorize the provision of technical assistance by the
Secretary in the planning of management activities that will
further the purposes of the agreement;
(D) provide for the sharing of costs of implementing the
agreement among the Federal government,(!1) the landowner, and
other entities, as mutually agreed on by the affected
interests; and
(E) ensure that any expenditure by the Secretary pursuant to
the agreement is determined by the Secretary to be in the
public interest; and
(2) the Secretary may require such other terms and conditions
as are necessary to protect the public investment on private
lands, provided such terms and conditions are mutually agreed to
by the Secretary and the landowner.
-SOURCE-
(Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec. 124],
Sept. 30, 1996, 110 Stat. 3009-181, 3009-204; Pub. L. 105-277, div.
A, Sec. 101(e) [title I, Sec. 136], Oct. 21, 1998, 112 Stat.
2681-231, 2681-266; Pub. L. 108-7, div. F, title I, Sec. 135, Feb.
20, 2003, 117 Stat. 243.)
-COD-
CODIFICATION
Section was enacted as part of the Department of the Interior and
Related Agencies Appropriations Act, 1997, and also as part of the
Omnibus Consolidated Appropriations Act, 1997, and not as part of
the Watershed Protection and Flood Prevention Act which comprises
this chapter.
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-7 inserted "including
appropriations for the Wildland Fire Management account allocated
to the National Park Service, Fish and Wildlife Service, and Bureau
of Indian Affairs" after "appropriations made for the Bureau of
Land Management".
1998 - Subsec. (a). Pub. L. 105-277 substituted "with the heads
of other Federal agencies, tribal, State, and local governments,
private and nonprofit entities, and landowners for the protection,
restoration, and enhancement of fish and wildlife habitat and other
resources on public or private land and the reduction of risk from
natural disaster where public safety is threatened" for "with
willing private landowners for restoration and enhancement of fish,
wildlife, and other biotic resources on public or private land or
both".
WATERSHED AGREEMENTS
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 323], Oct.
21, 1998, 112 Stat. 2681-231, 2681-290, as amended by Pub. L.
107-63, title III, Sec. 330, Nov. 5, 2001, 115 Stat. 471, provided
that:
"(a) Watershed Restoration and Enhancement Agreements. - For
fiscal year 1999, 2000 and 2001, and fiscal years 2002 through
2005, to the extent funds are otherwise available, appropriations
for the Forest Service may be used by the Secretary of Agriculture
for the purpose of entering into cooperative agreements with
willing Federal, tribal, State and local governments, private and
nonprofit entities and landowners for the protection, restoration
and enhancement of fish and wildlife habitat, and other resources
on public or private land, the reduction of risk from natural
disaster where public safety is threatened, or a combination
thereof or both that benefit these resources within the watershed.
"(b) Direct and Indirect Watershed Agreements. - The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement -
"(1) directly with a willing private landowner; or
"(2) indirectly through an agreement with a State, local or
tribal government or other public entity, educational
institution, or private nonprofit organization.
"(c) Terms and Conditions. - In order for the Secretary to enter
into a watershed restoration and enhancement agreement -
"(1) the agreement shall -
"(A) include such terms and conditions mutually agreed to by
the Secretary and the landowner, state or local government, or
private or nonprofit entity;
"(B) improve the viability of and otherwise benefit the fish,
wildlife, and other resources on national forests lands within
the watershed;
"(C) authorize the provision of technical assistance by the
Secretary in the planning of management activities that will
further the purposes of the agreement;
"(D) provide for the sharing of costs of implementing the
agreement among the Federal Government, the landowner(s), and
other entities, as mutually agreed on by the affected
interests; and
"(E) ensure that any expenditure by the Secretary pursuant to
the agreement is determined by the Secretary to be in the
public interest; and
"(2) the Secretary may require such other terms and conditions
as are necessary to protect the public investment on non-Federal
lands, provided such terms and conditions are mutually agreed to
by the Secretary and other landowners, State and local
governments or both.
"(d) Reporting Requirements. - Not later than December 31, 1999,
the Secretary shall submit a report to the Committees on
Appropriations of the House and Senate, which contains -
"(1) A concise description of each project, including the
project purpose, location on federal and non-federal land, key
activities, and all parties to the agreement.
"(2) the funding and/or other contributions provided by each
party for each project agreement."
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 105-83, title III, Sec. 334, Nov. 14, 1997, 111 Stat.
1601.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
16 USC Sec. 1012 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
-HEAD-
Sec. 1012. Rehabilitation of structural measures near, at, or past
their evaluated life expectancy
-STATUTE-
(a) Definitions
For purposes of this section:
(1) Rehabilitation
The term "rehabilitation", with respect to a structural measure
constructed as part of a covered water resource project, means
the completion of all work necessary to extend the service life
of the structural measure and meet applicable safety and
performance standards. This may include: (A) protecting the
integrity of the structural measure or prolonging the useful life
of the structural measure beyond the original evaluated life
expectancy; (B) correcting damage to the structural measure from
a catastrophic event; (C) correcting the deterioration of
structural components that are deteriorating at an abnormal rate;
(D) upgrading the structural measure to meet changed land use
conditions in the watershed served by the structural measure or
changed safety criteria applicable to the structural measure; or
(E) decommissioning the structure, if requested by the local
organization.
(2) Covered water resource project
The term "covered water resource project" means a work of
improvement carried out under any of the following:
(A) This chapter.
(B) Section 13 of the Act of December 22, 1944 (Public Law
78-534; 58 Stat. 905).
(C) The pilot watershed program authorized under the heading
"Flood Prevention" of the Department of Agriculture
Appropriation Act, 1954 (Public Law 156; 67 Stat. 214).
(D) Subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource
Conservation and Development Program).
(3) Structural measure
The term "structural measure" means a physical improvement that
impounds water, commonly known as a dam, which was constructed as
part of a covered water resource project, including the
impoundment area and flood pool.
(b) Cost share assistance for rehabilitation
(1) Assistance authorized
The Secretary may provide financial assistance to a local
organization to cover a portion of the total costs incurred for
the rehabilitation of structural measures originally constructed
as part of a covered water resource project. The total costs of
rehabilitation include the costs associated with all components
of the rehabilitation project, including acquisition of land,
easements, and rights-of-ways, rehabilitation project
administration, the provision of technical assistance,
contracting, and construction costs, except that the local
organization shall be responsible for securing all land,
easements, or rights-of-ways necessary for the project.
(2) Amount of assistance; limitations
The amount of Federal funds that may be made available under
this subsection to a local organization for construction of a
particular rehabilitation project shall be equal to 65 percent of
the total rehabilitation costs, but not to exceed 100 percent of
actual construction costs incurred in the rehabilitation.
However, the local organization shall be responsible for the
costs of water, mineral, and other resource rights and all
Federal, State, and local permits.
(3) Relation to land use and development regulations
As a condition on entering into an agreement to provide
financial assistance under this subsection, the Secretary,
working in concert with the affected unit or units of general
purpose local government, may require that proper zoning or other
developmental regulations are in place in the watershed in which
the structural measures to be rehabilitated under the agreement
are located so that -
(A) the completed rehabilitation project is not quickly
rendered inadequate by additional development; and
(B) society can realize the full benefits of the
rehabilitation investment.
(c) Technical assistance for watershed project rehabilitation
The Secretary, acting through the Natural Resources Conservation
Service, may provide technical assistance in planning, designing,
and implementing rehabilitation projects should a local
organization request such assistance. Such assistance may consist
of specialists in such fields as engineering, geology, soils,
agronomy, biology, hydraulics, hydrology, economics, water quality,
and contract administration.
(d) Prohibited use
(1) Performance of operation and maintenance
Rehabilitation assistance provided under this section may not
be used to perform operation and maintenance activities specified
in the agreement for the covered water resource project entered
into between the Secretary and the local organization responsible
for the works of improvement. Such operation and maintenance
activities shall remain the responsibility of the local
organization, as provided in the project work plan.
(2) Renegotiation
Notwithstanding paragraph (1), as part of the provision of
financial assistance under subsection (b) of this section, the
Secretary may renegotiate the original agreement for the covered
water resource project entered into between the Secretary and the
local organization regarding responsibility for the operation and
maintenance of the project when the rehabilitation is finished.
(e) Application for rehabilitation assistance
A local organization may apply to the Secretary for technical and
financial assistance under this section if the application has also
been submitted to and approved by the State agency having
supervisory responsibility over the covered water resource project
at issue or, if there is no State agency having such
responsibility, by the Governor of the State. The Secretary shall
request the State dam safety officer (or equivalent State official)
to be involved in the application process if State permits or (continued)