16 U.S.C. § 1004 — Conditions for Federal assistance

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 Page 1591 TITLE 16—CONSERVATION § 1004 acres: Provided further, That when the Sec- retary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of- way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commer- cial, industrial, or other development, the Sec- retary shall be authorized to advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements or rights-of-way; and, except where such costs are to be borne by the Sec- retary, such advance shall be repaid by the local organization, with interest, prior to con- struction of the works of improvement, for credit to such construction funds: Provided fur- ther, That the Secretary shall be authorized to bear an amount not to exceed one-half of the costs of the land, easements, or rights-of-way acquired or to be acquired by the local organi- zation for mitigation of fish and wildlife habi- tat losses, and that such acquisition is not limited to the confines of the watershed project boundaries; (2) assume (A) such proportionate share, as is determined by the Secretary to be equitable in consideration of national needs and assist- ance authorized for similar purposes under other Federal programs, of the costs of install- ing any works of improvement, involving Fed- eral assistance (excluding engineering costs), which is applicable to the agricultural phases of the conservation, development, utilization, and disposal of water or for fish and wildlife development, recreational development, ground water recharge, water quality manage- ment, or the conservation and proper utiliza- tion of land: Provided, That works of improve- ment for water quality management shall con- sist primarily of water storage capacity in res- ervoirs for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source, and shall be consistent with standards and regulations adopted by the Water Resources Council on Federal cost shar- ing for water quality management, and (B) all of the cost of installing any portion of such works applicable to other purposes except that any part of the construction cost (including engineering costs) applicable to flood preven- tion and features relating thereto shall be borne by the Federal Government and paid for by the Secretary out of funds appropriated for the purposes of this chapter: Provided, That, in addition to and without limitation on the au- thority of the Secretary to make loans or ad- vancements under section 1006a of this title, the Secretary may pay for any storage of water for present or anticipated future de- mands or needs for municipal or industrial water included in any reservoir structure con- structed or modified under the provisions of this chapter as hereinafter provided: Provided further, That the cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the local organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage: Provided further, That the Secretary shall de- termine prior to initiation of construction or modification of any reservoir structure includ- ing such water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that the Secretary will be reimbursed the cost of water supply storage for anticipated future demands, and that the local organization will pay not less than 50 per centum of the cost of storage for present water supply demands: And provided further, That the cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that (1) no reim- bursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used, and (2) no interest shall be charged on the cost of such water-supply storage for anticipated fu- ture demands until such supply is first used, but in no case shall the interest-free period ex- ceed ten years. The interest rate used for pur- poses of computing the interest on the unpaid balance shall be determined in accordance with the provisions of section 1006a of this title. (3) make arrangements satisfactory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture; (4) acquire, or provide assurance that land- owners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; (5) obtain agreements to carry out rec- ommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and (6) submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under the provisions of section 1006a of this title. (Aug. 4, 1954, ch. 656, § 4, 68 Stat. 667; Aug. 7, 1956, ch. 1027, § 1(c)–(e), 70 Stat. 1088; Pub. L. 85–865, § 1, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 86–545, June 29, 1960, 74 Stat. 254; Pub. L. 87–703, title I, §§ 103, 104, Sept. 27, 1962, 76 Stat. 608, 609; Pub. L. 92–419, title II, § 201(d)–(f), Aug. 30, 1972, 86 Stat. 668; Pub. L. 97–98, title XV, § 1512(d), Dec. 22, 1981, 95 Stat. 1333.) Editorial Notes AMENDMENTS 1981—Par. (1). Pub. L. 97–98 inserted proviso author- izing the Secretary to bear an amount not to exceed one-half of the costs of the land, easements, or rights- Page 1592 TITLE 16—CONSERVATION § 1005 of-way acquired or to be acquired by the local organiza- tion for mitigation of fish and wildlife habitat losses and directing that such acquisitions are not limited to the confines of the watershed project boundaries. 1972—Par. (1). Pub. L. 92–419, § 201(d), inserted ‘‘from funds appropriated for the purposes of this chapter’’ after ‘‘without cost to the Federal Government’’. Par. (2)(A). Pub. L. 92–419, § 201(e), substituted ‘‘fish and wildlife development, recreational development, ground water recharge, water quality management, or the conservation and proper utilization of land’’, for ‘‘fish and wildlife or recreational development’’ and in- serted water quality management proviso. Par. (2)(B). Pub. L. 92–419, § 201(f), in revising text and making changes in phraseology, authorized payment for water storage for present demands, inserted at end of first proviso ‘‘as hereinafter provided’’, substituted provisions respecting Secretary’s determination of ade- quate assurances by the local agency or by an agency of the State having authority to give such assurances that the Secretary will be reimbursed the cost of water supply storage for anticipated future demands, and that the local organization will pay not less than 50 per centum of the cost of storage for present water supply demands, for provisions respecting the giving of reason- able assurances by the local organization of repayment of cost of such water supply storage for anticipated fu- ture demands, and substituted permissive provisions for repayment of cost for anticipated future demands within life of the reservoir structure for former manda- tory provisions. 1962—Par. (1). Pub. L. 87–703, § 103(1), inserted provisos respecting cost sharing, participation, number of rec- reational developments and advances of funds. Par. (2)(A). Pub. L. 87–703, § 103(2), substituted ‘‘na- tional needs and assistance authorized for similar pur- poses under other Federal programs’’ for ‘‘the direct identifiable benefits’’ and inserted ‘‘(excluding engi- neering costs)’’ after ‘‘Federal assistance’’ and ‘‘or rec- reational’’ before ‘‘development’’. Par. (2)(B). Pub. L. 87–703, § 104, inserted provisos re- specting water storage payments and limitation on amount of such payments, repayment agreements and period of time for repayment and provisions for com- mencement of repayment, interest-free period and rate of interest. 1960—Par. (1). Pub. L. 86–545 inserted provisions re- quiring local organizations to provide assurances with respect to interests in land to be acquired by con- demnation. 1958—Par. (2)(A). Pub. L. 85–865 inserted ‘‘or for fish and wildlife development’’ after ‘‘and disposal of water’’. 1956—Par. (2). Act Aug. 7, 1956, § 1(c), required local organizations to assume a proportionate share of costs applicable to agricultural water management in consid- eration of the direct identifiable benefits, and all the costs of works applicable to other purposes, and pro- vided that the Federal Government shall bear the en- tire construction costs for flood prevention. Par. (4). Act Aug. 7, 1956, § 1(d), inserted ‘‘or water users’’ after ‘‘landowners’’. Par. (6). Act Aug. 7, 1956, § 1(e), added par. (6). 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. EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–865, § 2, Sept. 2, 1958, 72 Stat. 1605, provided that: ‘‘The Secretary of Agriculture shall not furnish or agree to furnish financial assistance to local organi- zations for the institution of works of improvement for fish and wildlife development pursuant to the authority of this Act [amending this section] prior to July 1, 1958.’’ PUBLIC ACCESS TO WATER IMPOUNDMENTS Pub. L. 99–662, title IX, § 930, Nov. 17, 1986, 100 Stat. 4196, provided that: ‘‘The Secretary of Agriculture, act- ing through the Administrator of the Soil Conservation Service, shall study and report to the appropriate com- mittees of the Senate and the House of Representatives by April 1, 1988, on the feasibility, the desirability, and the public interest involved in requiring that public ac- cess be provided to any or all water impoundments that have recreation-related potential and that were author- ized pursuant to the Watershed Protection and Flood Protection Act (68 Stat. 666; 16 U.S.C. 1001 et seq.).’’ 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. § 1005. Works of improvement (1) Engineering and other services; reimburse- ment; advances At such time as the Secretary and the inter- ested local organization have agreed on a plan for works of improvement, and the Secretary has determined that the benefits exceed the costs, and the local organization has met the re- quirements for participation in carrying out the works of improvement as set forth in section 1004 of this title, the local organization may se- cure engineering and other services, including the design, preparation of contracts and speci- fications, awarding of contracts, and supervision of construction, in connection with such works of improvement, by retaining or employing a professional engineer or engineers satisfactory to the Secretary or may request the Secretary to provide such services: Provided, That if the local organization elects to employ a profes- sional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering and other services secured by the local organization as are properly charge- able to such works of improvement in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof: Provided further, That the Secretary may advance such amounts as may be necessary to pay for such services, but such ad- vances with respect to any works of improve- ment shall not exceed 5 per centum of the esti- mated installation cost of such works. (2) Federal construction; request by local organi- zation Except as to the installation of works of im- provement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any structure: Provided, That, if requested to do so by the local organization, the