16 U.S.C. § 590z — Utilization of services, materials, funds,

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