16 U.S.C. § 1008 — Notification of Secretary of the Interior of

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- Page 1598 TITLE 16—CONSERVATION § 1009 ment 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 investiga- tions and of preparing reports concerning the conservation and development of wildlife re- sources shall be borne by the Secretary of the Interior out of funds appropriated to his Depart- ment. (Aug. 4, 1954, ch. 656, § 12, as added Pub. L. 85–624, § 3, Aug. 12, 1958, 72 Stat. 567.) 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. § 1009. Joint investigations and surveys by Sec- retary of the Army and Secretary of Agri- culture; reports to Congress The Secretary of the Army and the Secretary of Agriculture, when authorized to do so by reso- lutions adopted by the Committee on Environ- ment 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 au- thorities 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 recommenda- tions for the installation of the works of im- provement needed for flood prevention or the conservation, development, utilization, and dis- posal of water, and for flood control and allied purposes. Such joint reports shall be submitted to the Congress through the President for adop- tion and authorization by the Congress of the recommended works of improvement: Provided, That the project authorization procedure estab- lished by Public Law 566, Eighty-third Congress, as amended [16 U.S.C. 1001 et seq.], shall not be affected. (Pub. L. 87–639, § 1, Sept. 5, 1962, 76 Stat. 438; Pub. L. 103–437, § 6(w), Nov. 2, 1994, 108 Stat. 4587.) Editorial Notes REFERENCES IN TEXT Public Law 566, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Watershed Protection and Flood Prevention Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. CODIFICATION Section was not enacted as part of the Watershed Protection and Flood Prevention Act which comprises this chapter. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Committee on En- vironment and Public Works of the Senate or the Com- mittee 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’’. 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. AUTHORIZATION OF APPROPRIATIONS Pub. L. 87–639, § 2, Sept. 5, 1962, 76 Stat. 438, provided that: ‘‘There are hereby authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this Act [this section], such sums to remain available until expended.’’ § 1010. Data The Secretary shall collect and maintain data on a national and State by State basis con- cerning— (1) expenditures for the individual flood con- trol and conservation measures for which as- sistance is provided under this chapter; and (2) the expected flood control or environ- mental (including soil erosion) benefits that will result from the implementation of such measures. (Aug. 4, 1954, ch. 656, § 13, as added Pub. L. 101–624, title XIV, § 1463, Nov. 28, 1990, 104 Stat. 3615.) § 1011. Watershed restoration and enhancement agreements (a) In general For fiscal year 1997 and each fiscal year there- after, appropriations made for the Bureau of Land Management including appropriations for the Wildland Fire Management account allo- cated 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 agree- ments 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 pub- lic or private land and the reduction of risk from natural disaster where public safety is threatened that benefit these resources on pub- lic lands within the watershed. (b) Direct and indirect watershed agreements The Secretary of the Interior may enter into a watershed restoration and enhancement agree- ment— (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 pri- vate nonprofit organization. (c) Terms and conditions In order for the Secretary to enter into a wa- tershed restoration and enhancement agree- ment—