16 U.S.C. § 590y — Authorization and purpose of investiga-

Page 1122 TITLE 16—CONSERVATION §§ 590r to 590x–4 Sec. 590z–9. Powers and duties of Secretaries of the Inte- rior and Agriculture; rules and regulations. 590z–10. Authorization of appropriations. 590z–11. Delegation of powers and duties by Secretary of the Interior. SUBCHAPTER I—FACILITIES FOR WATER STORAGE AND UTILIZATION §§ 590r to 590x–4. Repealed. Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318 Section 590r, acts Aug. 28, 1937, ch. 870, § 1, 50 Stat. 869; Aug. 17, 1954, ch. 751, § 1(1), (2), 68 Stat. 734; July 12, 1960, Pub. L. 86–624, § 9, 74 Stat. 412, related to Congres- sional declaration of policy. Section 590s, acts Aug. 28, 1937, ch. 870, § 2, 50 Stat. 869; Aug. 17, 1954, ch. 751, § 1(3), 68 Stat. 735, related to powers and duties of Secretary of Agriculture. Section 590t, act Aug. 28, 1937, ch. 870, § 3, 50 Stat. 869, related to location of projects. Section 590u, act Aug. 28, 1937, ch. 870, § 4, 50 Stat. 870, related to State aid and certain requirements. Section 590v, act Aug. 28, 1937, ch. 870, § 5, 50 Stat. 870, related to use of employees and agencies within De- partment of Agriculture. Section 590w, act Aug. 28, 1937, ch. 870, § 6, 50 Stat. 870, related to cooperation of governmental agencies, ex- penditures and rules and regulations. Section 590x, act Aug. 28, 1937, ch. 870, § 7, 50 Stat. 870, authorized appropriations. Section 590x–1, act Aug. 28, 1937, ch. 870, § 8, as added Aug. 17, 1954, ch. 751, § 1(4), 68 Stat. 735, prescribed limi- tations on aid. Section 590x–2, act Aug. 28, 1937, ch. 870, § 9, as added Aug. 17, 1954, ch. 751, § 1(4), 68 Stat. 735, authorized loans for farm land improvement. Section 590x–3, act Aug. 28, 1937, ch. 870, § 10(a)–(e), as added Aug. 17, 1954, ch. 751, § 1(4), 68 Stat. 735, provided for an insurance program for loans by other than United States, an insurance fund, contents of fund, sell- ing and reinsuring of notes, disposition of insurance charges, insurance contract as United States obliga- tion, incontestability, discharge of obligations, and limitation on aggregate amount of obligations. Section 590x–4, act Aug. 28, 1937, ch. 870, § 11, as added Aug. 25, 1958, Pub. L. 85–748, § 2, 72 Stat. 841, related to authorization of Secretary for execution, insurance and sale of loans, insurance, appraisal and delinquency charges, use of proceeds for expenses; computation of aggregate amount of principal obligations which may be insured, insurance of loans from funds advanced by lenders other than United States, provisions applicable to loans, conversion of loans to insured loans, expense funds, sale of loans on noninsured basis and assignment of loans. The subject matter of former sections 590r to 590x–4 of this title is covered by section 1921 et seq. of Title 7, Agriculture. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of sections effective one hundred and twenty days after Aug. 8, 1961, or such earlier date as the provi- sions of section 1921 et seq. of Title 7, Agriculture, are made effective by regulations of Secretary of Agri- culture, see section 341(a) of Pub. L. 87–128, set out as a note under section 1921 of Title 7. Sections repealed effective Oct. 15, 1961, by section 300.1 of former Title 6, Code of Federal Regulations, see Effective Date note under section 1921 of Title 7. SUBCHAPTER II—CONSERVATION AND UTILIZATION PROJECTS § 590y. Authorization and purpose of investiga- tion, construction, and maintenance of projects; title to projects; limitation on costs For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent set- tlement of farm families, the Secretary of the Interior (hereinafter referred to as ‘‘the Sec- retary’’) is authorized to investigate and, upon compliance with the provisions of this sub- chapter, to construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and to operate and maintain each such project in ac- cordance with the provisions of this subchapter; Provided, That the United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress otherwise provides: And provided further, That expendi- tures from appropriations made directly pursu- ant to the authority contained in section 590z–10(1) of this title to meet reimbursable con- struction costs allocated to irrigation as defined in section 590z–2(b) of this title shall not exceed $2,000,000 for dams and reservoirs in any one project, and that expenditures from appropria- tions made directly pursuant to the authority contained in section 590z–10(1) of this title to meet costs allocated to flood control by the Sec- retary after consultation with the Chief of Engi- neers, Department of the Army, shall not exceed $500,000 on any one project. (Aug. 11, 1939, ch. 717, § 1, 53 Stat. 1418; Oct. 14, 1940, ch. 861, 54 Stat. 1119; Mar. 7, 1942, ch. 164, 56 Stat. 142; July 16, 1943, ch. 242, § 1, 57 Stat. 566; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes AMENDMENTS 1943—Act July 16, 1943, raised amount of expenditures for dams and reservoirs on any one project from $1,000,000 to $2,000,000. 1942—Act Mar. 7, 1942, amended last proviso. 1940—Act Oct. 14, 1940, reenacted section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. ANGOSTURA PROJECT Act Aug. 9, 1955, ch. 630, 69 Stat. 552, provided: ‘‘That the provisions of sections 41(g), 43, and 51 of the Bankhead-Jones Farm Tenant Act, as amended [sec- tions 1015(g), 1017, and 1025 of Title 7, Agriculture], are hereby extended to apply on the obligations of settlers on the Angostura project in South Dakota developed under the Act of August 11, 1939, as amended [this sec- tion].’’ Page 1123 TITLE 16—CONSERVATION § 590z–1 § 590z. Utilization of services, materials, funds, etc., of Federal, State, or municipal agencies, or of individuals In connection with the investigation, con- struction, or operation and maintenance of a project, pursuant to the authority of this sub- chapter, the Secretary is authorized to utilize (1) in such manner as the President may direct, services, labor, materials, or other property, in- cluding money, supplied by the Work Projects Administration, the Civilian Conservation Corps, the Office of Indian Affairs, the Depart- ment of Agriculture, or any other Federal agen- cy, for which the United States shall be reim- bursed in such amounts as the President may fix for each project, within the limits of the water users’ ability to repay costs as found by the Sec- retary under section 590z–1(a)(iv) of this title; and (2) such services, labor, materials, ease- ments or property, including money, as may be contributed by any State or political subdivi- sion thereof, State agency, municipal corpora- tion, or other organization, or individuals, if, in the judgment of the Secretary, the acceptance thereof will not impair the title of the United States to the project works and will not reduce the probability that the project water users can meet the obligations to the United States en- tered into pursuant to this subchapter. Moneys received and accepted under (2) of this section shall be and remain available for expenditure for the purposes for which contributed in like man- ner as if said sums had been specifically appro- priated for said purposes. (Aug. 11, 1939, ch. 717, § 2, 53 Stat. 1419; Oct. 14, 1940, ch. 861, 54 Stat. 1120.) Editorial Notes AMENDMENTS 1940—Act Oct. 14, 1940, reenacted section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Federal Works Agency transferred to General Services Administration by act June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380. See Historical and Re- vision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. Department of Health, Education, and Welfare was redesignated Department of Health and Human Serv- ices by section 3508(b) of Title 20, Education. DRAINAGE FACILITIES AND MINOR CONSTRUCTION Contracts with repayment organizations for con- struction of drainage facilities and minor items in irri- gation works, see section 505 of Title 43, Public Lands. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Works Projects Administration and its functions transferred to Federal Works Agency by Reorg. Plan No. 1 of 1939, §§ 301, 306, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the Appendix to Title 5. Civilian Conservation Corps and its functions consoli- dated with other agencies under Federal Security Agency, to be administered by Director of Corps under direction and supervision of Federal Security Adminis- tration by Reorg. Plan No. 1 of 1939, §§ 201, 207, eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1425, set out in the Ap- pendix to Title 5. Federal Security Agency was abolished by section 8 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, and its functions transferred to Department of Health, Edu- cation, and Welfare by section 5 of Reorg. Plan No. 1 of 1953. § 590z–1. Prerequisites for construction of project (a) Investigation and report to President No construction of a project may be under- taken pursuant to the authority of this sub- chapter unless and until the Secretary has made an investigation thereof and has submitted to the President his report and findings on— (i) the engineering feasibility of the pro- posed construction; (ii) the estimated cost of the proposed con- struction; (iii) the part of the estimated cost which properly can be allocated to irrigation; (iv) the part of the estimated cost which probably can be repaid by the water users in accordance with the requirements of section 590z–2 of this title; (v) the part of the estimated cost which can properly be allocated to municipal or mis- cellaneous water supplies or power and prob- ably be returned to the United States in reve- nues therefrom; (vi) the part of the estimated cost which can properly be allocated to the irrigation of In- dian trust and tribal lands, and be repayable in accordance with existing law relating to In- dian lands; (vii) the part of the estimated cost which can properly be allocated to flood control as recommended by the Secretary after consulta- tion with the Chief of Engineers, Department of the Army. In connection with each such investigation, re- port, and finding, the Secretary shall consult with the Secretary of Agriculture regarding par- ticipation in the proposed project by the Depart- ment of Agriculture under the authority of sec- tions 590z–3 and 590z–4 of this title; and the Sec- retary shall also transmit to the President a re- port by the Secretary of Agriculture to the President on the participation, if any, proposed by the Department of Agriculture. The project shall be deemed authorized and may be under- taken pursuant to this subchapter if (1) the Sec- retary finds and certifies to the President that the project has engineering feasibility and that the water users probably can repay, in accord- ance with the requirements of section 590z–2 of this title an amount equal to or in excess of that part of the estimated cost allocated by him to irrigation to be met by expenditure of moneys appropriated pursuant to section 590z–10(1) of