16 U.S.C. § 1006a — Loans or advancements for financing

Page 1596 TITLE 16—CONSERVATION § 1006 trol of water resources at minimum cost. Whenever ap- proximately 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 rela- tionships exist between the projects and plans of the several agencies, the benefits claimed in justification of a system of improvements shall not include any du- plication 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 im- provement 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 fol- lowing: (a) Provision of pertinent information in the prelimi- nary planning of works of improvement. (b) Collaboration in planning programs of hydrologic- data collection in project areas, in the selection of sta- tion 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 initi- ated 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], relat- ing to the transmittal to the Congress of copies of plans for certain works of improvement and the jus- tifications therefor, are hereby delegated to the Direc- tor of the Bureau of the Budget. DWIGHT D. EISENHOWER. [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, trans- ferred 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 Organiza- tion 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 Budg- et.] § 1006. Cooperative programs 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 pro- grams. In areas where the programs of the Sec- retary of Agriculture may affect public or other lands under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior is au- thorized to cooperate with the Secretary of Ag- riculture in the planning and development of works or programs for such lands. (Aug. 4, 1954, ch. 656, § 6, 68 Stat. 668.) 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. § 1006a. Loans or advancements for financing local share of costs; repayment; interest; maximum amount The Secretary is authorized to make loans or advancements (a) to local organizations to fi- nance the local share of costs of carrying out works of improvement provided for in this chap- ter, and (b) to State and local agencies to fi- nance the local share of costs of carrying out works of improvement (as defined in section 1002 of this title) in connection with the eleven wa- tershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented: Pro- vided, That the works of improvement in con- nection with said eleven watershed improve- ment programs shall be integral parts of water- shed 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 con- tract or agreement that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan or ad- vance in not more than 50 years from the date when the principal benefits of the works of im- provement first become available, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with re- maining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest 1⁄8 of 1 percent. With respect to any sin- gle plan for works of improvement, the amount of any such loan or advancement shall not ex- ceed $10,000,000. (Aug. 4, 1954, ch. 656, § 8, as added Aug. 7, 1956, ch. 1027, § 1(g), 70 Stat. 1090; amended Pub. L. 86–468, § 1, May 13, 1960, 74 Stat. 131; Pub. L. 95–113, title XV, § 1508, Sept. 29, 1977, 91 Stat. 1022; Pub. L. 104–127, title VII, § 791(b), Apr. 4, 1996, 110 Stat. 1151.) Editorial Notes 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. AMENDMENTS 1996—Pub. L. 104–127 added second sentence and struck out former second sentence which read as fol- lows: ‘‘Such loans or advancements shall be made under contracts or agreements which will provide, under such terms and conditions as the Secretary deems appro- priate, 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 in- terest at the average rate, as determined by the Sec- retary of the Treasury, payable by the Treasury upon Page 1597 TITLE 16—CONSERVATION § 1008 its marketable public obligations outstanding at the beginning of the fiscal year in which the loan or ad- vancement 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 improve- ment. 1960—Pub. L. 86–468 authorized the Secretary to make loans or advancements to state and local agencies to fi- nance the local share of costs of carrying out works of improvement in connection with the 11 watershed im- provement programs authorized by section 13 of the act of Dec. 22, 1944. Statutory Notes and Related Subsidiaries 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 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. 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. § 1006b. Territorial application The provisions of this chapter shall be applica- ble to Hawaii, Alaska, Puerto Rico, and the Vir- gin Islands. (Aug. 4, 1954, ch. 656, § 9, as added Aug. 7, 1956, ch. 1027, § 1(g), 70 Stat. 1090.) Statutory Notes and Related Subsidiaries 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. Executive Documents 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, Terri- tories 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. § 1007. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this chapter, such sums to remain available until expended. No appropria- tion hereafter available for assisting local orga- nizations 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 wa- tershed 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 sec- tion 1006a of this title. (Aug. 4, 1954, ch. 656, § 10, formerly § 8, 68 Stat. 668; renumbered § 10, Aug. 7, 1956, ch. 1027, § 1(g), 70 Stat. 1090; amended Pub. L. 86–468, § 3, May 13, 1960, 74 Stat. 132.) Editorial Notes 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. AMENDMENTS 1960—Pub. L. 86–468 prohibited appropriations avail- able for assisting local organizations in preparing and carrying out plans for works of improvement under sec- tions 1003 and 1006a(a) of this title from being used for works of improvement in connection with the 11 water- shed improvement programs authorized by section 13 of the act of Dec. 22, 1944, or for making loans or advance- ments to state and local agencies as authorized by sec- tion 1006a(b) of this title. § 1008. Notification of Secretary of the Interior of approval of assistance; surveys and inves- tigations; report and recommendations; con- sideration; cost of surveys, investigations and reports 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 de- sires, may make surveys and investigations and prepare a report with recommendations con- cerning the conservation and development of wildlife resources and participate, under ar- rangements satisfactory to the Secretary of Ag- riculture, 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 rec- ommendations 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 Ag- riculture have agreed on a plan for works of im- provement. 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 or- ganization and the Secretary of Agriculture, and such report of the Secretary of the Interior shall, if requested by the Secretary of the Inte- rior, accompany the plan for works of improve-