16 U.S.C. § 1003 — Assistance to local organizations

Page 1589 TITLE 16—CONSERVATION § 1003 gle structure from 5,000 acre-feet to 25,000 acre-feet, ex- clude single structures which provide more than 5,000 acre-feet of floodwater detention capacity, required ap- proval of plans involving an estimated Federal con- tribution 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee 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 Con- gress. 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. 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. Executive Documents 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 Depart- ment, related to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration 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 Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 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, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. § 1003. Assistance to local organizations (a) In general In order to assist local organizations in pre- paring and carrying out plans for works of im- provement, the Secretary is authorized, upon application of local organizations if such appli- cation has been submitted to, and not dis- approved 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 responsi- bility— (1) to conduct such investigations and sur- veys 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 var- ious purposes to show the basis of such alloca- tions and to determine whether benefits ex- ceed costs; (4) to cooperate and enter into agreements with and to furnish financial and other assist- ance to local organizations: Provided, That, for the land-treatment measures, the Federal as- sistance 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 land- owners, 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 sys- tems 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 sub- watershed work plans in connection with the eleven watershed improvement programs au- thorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supple- mented. Applications for assistance in devel- oping such conservation plans shall be made in writing to the soil and water conservation dis- trict 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 ap- propriate and in the public interest. The por- tion of such costs, including labor, to be shared shall be that part which the Secretary determines is appropriate and in the public in- terest 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 here- under, 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 Page 1590 TITLE 16—CONSERVATION § 1003a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment his- tory applicable to land covered by the agree- ment for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the pro- duction of any crop; or (2) surrender of any such history and allotments. (b) Waiver The Secretary may waive the watershed plan for works of improvement if the Secretary de- termines that— (1) the watershed plan is unnecessary or du- plicative; and (2) the works of improvement are otherwise consistent with applicable requirements under section 1004 of this title. (Aug. 4, 1954, ch. 656, § 3, 68 Stat. 666; Aug. 7, 1956, ch. 1027, § 1(b), 70 Stat. 1088; Pub. L. 92–419, title II, § 201(c), Aug. 30, 1972, 86 Stat. 667; Pub. L. 97–98, title XV, § 1512(c), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 101–624, title XIV, § 1464, Nov. 28, 1990, 104 Stat. 3616; Pub. L. 115–334, title II, § 2401(a), Dec. 20, 2018, 132 Stat. 4570.) Editorial Notes 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. AMENDMENTS 2018—Pub. L. 115–334 inserted section catchline, des- ignated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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 en- ergy 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 Sec- retary 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. Statutory Notes and Related Subsidiaries 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. 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Fed- eral Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of En- ergy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1002 of this title. § 1003a. Cost share assistance (a) Easements The Secretary may provide cost share assist- ance to project sponsors to enable such sponsors to acquire perpetual wetland or floodplain con- servation easements to perpetuate, restore and enhance the natural capability of wetlands and floodplains to retain excessive floodwaters, im- prove water quality and quantity, and provide habitat for fish and wildlife. (b) Amount The Secretary shall require that project spon- sors of watershed projects provide up to 50 per- cent of the cost of acquiring easements under subsection (a). (Aug. 4, 1954, ch. 656, § 3A, as added Pub. L. 101–624, title XIV, § 1462, Nov. 28, 1990, 104 Stat. 3615.) § 1004. Conditions for Federal assistance The Secretary shall require as a condition to providing Federal assistance for the installation of works of improvement that local organiza- tions 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 connec- tion with works of improvement installed with Federal assistance: Provided, That when a local organization agrees to operate and main- tain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall be author- ized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way ac- quired or to be acquired by the local organiza- tion 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: Pro- vided further, That the Secretary shall be au- thorized to participate in recreational devel- opment 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 devel- opment and giving consideration to the avail- ability within the region of existing water- based outdoor recreational developments: Pro- vided further, That the Secretary shall be au- thorized to participate in not more than one recreational development in a watershed project containing less than seventy-five thou- sand acres, or two such developments in a project containing between seventy-five thou- sand and one hundred and fifty thousand acres, or three such developments in projects exceeding one hundred and fifty thousand