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42 U.S.C. § 1962d — Authorization of appropriations to the

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d — Authorization of appropriations to the

Page 5199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962d 1 So in original. Probably should be capitalized. based on such records of the State and infor- mation furnished by it, and such other inves- tigation, 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 Treas- ury Department, at such times and in such in- stallments as the Council may determine. (Pub. L. 89–80, title III, § 305, July 22, 1965, 79 Stat. 253.) § 1962c–5. ‘‘State’’ defined For the purpose of this subchapter the term ‘‘State’’ means a State, the District of Colum- bia, Puerto Rico, the Virgin Islands or Guam. (Pub. L. 89–80, title III, § 306, July 22, 1965, 79 Stat. 253; Pub. L. 94–285, § 2, May 12, 1976, 90 Stat. 516.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–285 inserted reference to Guam. § 1962c–6. Records; audit and examination (a) Each recipient of a grant under this chap- ter 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 con- nection 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, an

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Page 5199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962d 1 So in original. Probably should be capitalized. based on such records of the State and infor- mation furnished by it, and such other inves- tigation, 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 Treas- ury Department, at such times and in such in- stallments as the Council may determine. (Pub. L. 89–80, title III, § 305, July 22, 1965, 79 Stat. 253.) § 1962c–5. ‘‘State’’ defined For the purpose of this subchapter the term ‘‘State’’ means a State, the District of Colum- bia, Puerto Rico, the Virgin Islands or Guam. (Pub. L. 89–80, title III, § 306, July 22, 1965, 79 Stat. 253; Pub. L. 94–285, § 2, May 12, 1976, 90 Stat. 516.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–285 inserted reference to Guam. § 1962c–6. Records; audit and examination (a) Each recipient of a grant under this chap- ter 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 con- nection 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 grant- ed are used in accordance with this chapter. (Pub. L. 89–80, title III, § 307, July 22, 1965, 79 Stat. 253.) SUBCHAPTER IV—MISCELLANEOUS PROVISIONS § 1962d. Authorization of appropriations to the Water Resources Council There are authorized to be appropriated to the Water Resources Council: (a) Limitation for single river basin commis- sion The sum of $2,886,000 for fiscal year 1979 for the Federal share of the expenses of adminis- tration and operation of river basin commis- sions, 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 Re- sources 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; (c) Limitation on availability of funds for prep- aration of certain studies and for assess- ments 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 nec- essary 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 avail- able 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: Pro- vided 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 avail- able 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 man- ner, and that such commissions and agencies are hereby authorized to receive and expend such funds pursuant to this subsection. (Pub. L. 89–80, title IV, § 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, § 1(e), Oct. 16, 1975, 89 Stat. 575; Pub. L. 94–285, § 1, May 12, 1976, 90 Stat. 516; Pub. L. 95–41, § 1, June 6, 1977, 91 Stat. 209; Pub. L. 95–404, § 1(a)–(c), Sept. 30, 1978, 92 Stat. 864.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–404, § 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, § 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, § 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 Page 5200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962d–1 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, § 1(b), (c), sub- stituted ‘‘for fiscal year 1978’’ for ‘‘annually’’. Subsec. (c). Pub. L. 95–41, § 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 sub- sequent Acts’’. 1972—Pub. L. 92–396 authorized appropriations to the Water Resources Council, and in subsec. (a), sub- stituted ‘‘chairmen’’ for ‘‘chairman’’, in subsec. (b) in- serted ‘‘not including funds authorized by subsection (c) below’’, and added subsec. (c). 1971—Pub. L. 92–27 substituted appropriation author- ization of $6,000,000 annually for Federal share of ex- penses of administration and operation of river basin commissions, including salaries and expenses of chair- man, for former provisions for annual appropriation au- thorization of $500,000; $6,000,000; and $400,000 for sub- chapters I, II, and III of this chapter and authorize ap- propriation of $1.5 million annually for administration expenses of Water Resources Council. 1968—Pub. L. 90–547 increased authorization for appro- priations to carry out provisions of subchapter I of this chapter from not to exceed $300,000 annually to not to exceed $500,000 annually. Statutory Notes and Related Subsidiaries INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER BENEFITS FOR FEDERAL EMPLOYEES Pub. L. 95–404, § 1(e), Sept. 30, 1978, 92 Stat. 864, pro- vided that: ‘‘Appropriations authorized by this Act [amending sections 1962c and 1962d of this title] for sal- ary, pay, retirement, or other benefits for Federal em- ployees may be increased by such additional or supple- mental amounts as may be necessary for increases au- thorized by law.’’ § 1962d–1. Rules and regulations The Council is authorized to make such rules and regulations as it may deem necessary or ap- propriate for carrying out those provisions of this chapter which are administered by it. (Pub. L. 89–80, title IV, § 402, July 22, 1965, 79 Stat. 254.) § 1962d–2. Delegation of functions The Council is authorized to delegate to any member or employee of the Council its adminis- trative functions under section 1962a–4 of this title and the detailed administration of the grant program under subchapter III. (Pub. L. 89–80, title IV, § 403, July 22, 1965, 79 Stat. 254.) § 1962d–3. Utilization of personnel 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 nec- essary to carry out the provisions of this chap- ter. (Pub. L. 89–80, title IV, § 404, July 22, 1965, 79 Stat. 254.) § 1962d–4. Northeastern United States water sup- ply (a) Plans for Federal construction, operation, and maintenance of reservoir system within certain river basins and conveyance and pu- rification facilities through cooperation of Secretary of the Army and government agen- cies; financial participation of States Congress hereby recognizes that assuring ade- quate supplies of water for the great metropoli- tan 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, oper- ation, 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 fa- cilities by which water may be exchanged be- tween these river basins to the extent found de- sirable 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 fa- cilities, 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. (c) Reservoirs as components of river basin and water supply plans Each reservoir included in the plan authorized by this section shall be considered as a compo- nent of a comprehensive plan for the optimum development of the river basin in which it is sit- uated, as well as a component of the plan estab- lished in accordance with this section. (Pub. L. 89–298, title I, § 101, Oct. 27, 1965, 79 Stat. 1073.) Editorial Notes REFERENCES IN TEXT The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962 — 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

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,11 So in original. Probably should be “aquifer,”. 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 recommend

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962 — Congressional statement of policy

Page 5184 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962 Sec. 1962d–5a. Reimbursement to States. 1962d–5b. Written agreement requirement for water resources projects. 1962d–5c. Non-Federal public bodies, installment construction payments. 1962d–5d. Authorization of Secretary of the Army to contract with States and political subdivisions for increased law enforce- ment services during peak visitation periods; authorization of appropria- tions. 1962d–5e. Wetland areas. 1962d–5f. Beach nourishment. 1962d–5g. Hydroelectric power resources. 1962d–6. Feasibility studies; acceleration; ad- vancement of costs by non-Federal sources. 1962d–7. Delmarva Peninsula hydrologic study; duties of Secretary of the Interior. 1962d–8. Reports on Delmarva Peninsula hydro- logic 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 Del- marva Peninsula study. 1962d–11a. Potomac River water diversion struc- ture. 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 develop- ment. 1962d–15. Protection of United States from liabil- ity 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. 1962d–17. Regional or river basin plans and Fed- eral water and related land resources projects; preparation, formulation, and evaluation. 1962d–18. Study of depletion of natural resources of

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d — State programs; approval by Council; submission; requirements; notice and hearing prior to disapproval

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 11 See References in Text note below. or under chapter 2003 of title 54, 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 reason

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