16 U.S.C. § 1001 — Declaration of policy

Page 1587 TITLE 16—CONSERVATION § 1001 CHAPTER 17—NORTHWEST ATLANTIC FISHERIES §§ 981 to 991. Repealed. Pub. L. 95–6, § 4, Feb. 21, 1977, 91 Stat. 16 Section 981, acts Sept. 27, 1950, ch. 1054, § 2, 64 Stat. 1067; July 24, 1968, Pub. L. 90–420, § 1(a) to (c), 82 Stat. 419; Aug. 11, 1971, Pub. L. 92–87, §§ 101 to 103, 85 Stat. 310; July 10, 1974, Pub. L. 93–339, § 1(a), 88 Stat. 293, covered definitions of ‘‘convention’’, ‘‘Commission’’, ‘‘person’’, ‘‘vessel’’, ‘‘fishing gear’’, ‘‘fishing’’, ‘‘fish’’, ‘‘inter- national measures of control’’, and ‘‘national measures of control’’. Section 982, acts Sept. 27, 1950, ch. 1054, § 3, 64 Stat. 1068; Aug. 11, 1971, Pub. L. 92–87, § 111(a), (b), 85 Stat. 313, related to appointment and compensation of Commis- sioners for the International Commission for the Northwest Atlantic Fisheries. Section 983, acts Sept. 27, 1950, ch. 1054, § 4, 64 Stat. 1068; July 24, 1968, Pub. L. 90–420, § 1(d), 82 Stat. 419; July 10, 1974, Pub. L. 93–339, § 1(b), (c), (g), 88 Stat. 293, provided for appointment, compensation, and travel ex- penses of an advisory committee. Section 984, acts Sept. 27, 1950, ch. 1054, § 5, 64 Stat. 1068; Aug. 11, 1971, Pub. L. 92–87, § 111(c), 85 Stat. 313, deemed service of a United States Commissioner or member of the advisory committee as service as a spe- cial government employee of the United States, as de- fined in section 202 of Title 18. Section 985, acts Sept. 27, 1950, ch. 1054, § 6, 64 Stat. 1069; Aug. 11, 1971, Pub. L. 92–87, §§ 104, 105, 85 Stat. 310, 311, authorized Secretary of State to receive on behalf of the United States reports, requests, recommenda- tions, and other communications of the Commission, and to act thereon. Section 986, acts Sept. 27, 1950, ch. 1054, § 7, 64 Stat. 1069; Aug. 11, 1971, Pub. L. 92–87, §§ 106, 107, 110(a), (b), 85 Stat. 311, 312; July 10, 1974, Pub. L. 93–339, § 1(d), (e), 88 Stat. 293, authorized Secretary of Commerce to enforce this chapter. Section 987, act Sept. 27, 1950, ch. 1054, § 8, 64 Stat. 1069, related to Commissioner’s cooperation with agen- cies of United States Government and State and pri- vate institutions and organizations. Section 988, acts Sept. 27, 1950, ch. 1054, § 9, 64 Stat. 1069; Aug. 11, 1971, Pub. L. 92–87, § 108, 85 Stat. 312; July 10, 1974, Pub. L. 93–339, § 1(f), 88 Stat. 293, related to ac- tivities declared unlawful with respect to this chapter. Section 989, acts Sept. 27, 1950, ch. 1054, § 10, 64 Stat. 1070; Aug. 11, 1971, Pub. L. 92–87, § 109, 85 Stat. 312, cov- ered the penalties for violations of section 988 of this title or any regulations adopted pursuant to this chap- ter. Section 990, acts Sept. 27, 1950, ch. 1054, § 11, 64 Stat. 1070; Oct. 17, 1968, Pub. L. 90–578, title IV, § 402(b)(2), 82 Stat. 1118; Aug. 11, 1971, Pub. L. 92–87, § 110(c), (d), 85 Stat. 312, related to procedures for arrest, search and seizure, warrants, stay of execution, and bond or stipu- lation with respect to persons committing violations of the convention, this chapter, or adopted regulations. Section 991, acts Sept. 27, 1950, ch. 1054, § 12, 64 Stat. 1071; Aug. 11, 1971, Pub. L. 92–87, § 111(d), 85 Stat. 313, au- thorized appropriation to carry out the purposes and provisions of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 95–6, § 4, Feb. 21, 1977, 91 Stat. 16, provided that repeal of sections 981 to 991 of this title is effective Mar. 1, 1977. CHAPTER 18—WATERSHED PROTECTION AND FLOOD PREVENTION Sec. 1001. Declaration of policy. 1002. Definitions Sec. 1003. Assistance to local organizations. 1003a. Cost share assistance. 1004. Conditions for Federal assistance. 1005. Works of improvement. 1006. Cooperative programs. 1006a. Loans or advancements for financing local share of costs; repayment; interest; max- imum amount. 1006b. Territorial application. 1007. Authorization of appropriations. 1008. Notification of Secretary of the Interior of approval of assistance; surveys and inves- tigations; report and recommendations; consideration; cost of surveys, investiga- tions and reports. 1009. Joint investigations and surveys by Secretary of the Army and Secretary of Agriculture; reports to Congress. 1010. Data. 1011. Watershed restoration and enhancement agreements. 1011a. Watershed agreements. 1012. Rehabilitation of structural measures near, at, or past their evaluated life expectancy. 1012a. Funding. § 1001. Declaration of policy Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the United States, causing loss of life and damage to property, constitute a menace to the national welfare; and it is the sense of Congress that the Federal Government should cooperate with States and their political subdivisions, soil or water conservation districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages, of furthering the conservation, development, utili- zation, and disposal of water, and the conserva- tion and utilization of land and thereby of pre- serving, protecting, and improving the Nation’s land and water resources and the quality of the environment. (Aug. 4, 1954, ch. 656, § 1, 68 Stat. 666; Pub. L. 92–419, title II, § 201(a), Aug. 30, 1972, 86 Stat. 667.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–419 expanded the declaration of pol- icy to include conservation and utilization of land, im- provement of land and water resources, and quality of the environment. Statutory Notes and Related Subsidiaries SHORT TITLE Act Aug. 4, 1954, ch. 656, § 11, formerly § 9, 68 Stat. 668, as renumbered by act Aug. 7, 1956, ch. 1027, § 1(g), 70 Stat. 1090, provided that: ‘‘This Act [enacting this chapter, amending section 701b of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under this section and section 701b of Title 33] may be cited as the ‘Watershed Protection and Flood Prevention Act’.’’ WATERSHED PROTECTION AND FLOOD PREVENTION PROJ- ECTS EXEMPT FROM REQUIREMENTS FOR INDEPENDENT WATER PROJECT REVIEW For exemption of projects under this chapter from independent water project review requirements of Ex. Ords. No. 12113 and 12141, see Pub. L. 96–528, title VI, § 622, Dec. 15, 1980, 94 Stat. 3118, set out as a note under section 1962 of Title 42, The Public Health and Welfare. Page 1588 TITLE 16—CONSERVATION § 1002 EXTENSION OF BENEFITS TO PROJECTS AUTHORIZED BEFORE AUG. 7, 1956 Act Aug. 7, 1956, ch. 1027, § 2, 70 Stat. 1090, provided that sections 1006a and 1006b of this title and the amendments made by act Aug. 7, 1956 to sections 1002 to 1005 of this title should be applicable to all works of improvement and plans for such works under the provi- sions of this chapter and that any plans for works of improvement with respect to which the Secretary of Agriculture was authorized prior to Aug. 7, 1956 to par- ticipate in the installation of works of improvement in accordance with such plan, or any plan for works of im- provement which had received prior to Aug. 7, 1956 the approval of congressional committees, need not be sub- mitted to the congressional committees as required by this chapter. § 1002. Definitions For the purposes of this chapter, the following terms shall mean: The ‘‘Secretary’’—the Secretary of Agri- culture of the United States. ‘‘Works of improvement’’—any undertaking for— (1) flood prevention (including structural and land treatment measures), (2) the conservation, development, utiliza- tion, and disposal of water, or (3) the conservation and proper utilization of land, in watershed or subwatershed area not exceed- ing two hundred and fifty thousand acres and not including any single structure which pro- vides more than twelve thousand five hundred acre-feet of floodwater detention capacity, and more than twenty-five thousand acre-feet of total capacity. No appropriation shall be made for any plan involving an estimated Federal con- tribution to construction costs in excess of $25,000,000, or which includes any structure which provides more than twenty-five hundred acre-feet of total capacity unless such plan has been approved by resolutions adopted by the ap- propriate committees of the Senate and House of Representatives: Provided, That in the case of any plan involving no single structure providing more than 4,000 acre-feet of total capacity the appropriate committees shall be the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and in the case of any plan involving any single structure of more than 4,000 acre-feet of total capacity the appropriate committees shall be the Committee on Environ- ment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives, respectively. Each project must contain benefits directly re- lated to agriculture, including rural commu- nities, that account for at least 20 percent of the total benefits of the project. A number of such subwatersheds when they are component parts of a larger watershed may be planned together when the local sponsoring organizations so de- sire. ‘‘Local organization’’—any State, political subdivision thereof, soil or water conservation district, flood prevention or control district, or combinations thereof, or any other agency hav- ing authority under State law to carry out, maintain and operate the works of improve- ment; or any irrigation or reservoir company, water users’ association, or similar organization having such authority and not being operated for profit that may be approved by the Sec- retary; or any Indian tribe or tribal organiza- tion, as defined in section 5304 of title 25, having authority under Federal, State, or Indian tribal law to carry out, maintain, and operate the works of improvement. (Aug. 4, 1954, ch. 656, § 2, 68 Stat. 666; Aug. 7, 1956, ch. 1027, § 1(a), 70 Stat. 1088; Pub. L. 87–170, Aug. 30, 1961, 75 Stat. 408; Pub. L. 89–337, Nov. 8, 1965, 79 Stat. 1300; Pub. L. 92–419, title II, § 201(b), Aug. 30, 1972, 86 Stat. 667; Pub. L. 95–113, title XV, § 1506(a), Sept. 29, 1977, 91 Stat. 1022; Pub. L. 97–98, title XV, § 1512(a), (b), Dec. 22, 1981, 95 Stat. 1332, 1333; Pub. L. 99–662, title IX, § 929, Nov. 17, 1986, 100 Stat. 4196; Pub. L. 101–624, title XIV, § 1461, Nov. 28, 1990, 104 Stat. 3615; Pub. L. 103–437, § 6(v), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 115–141, div. A, title VII, § 761(a), Mar. 23, 2018, 132 Stat. 396.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 substituted ‘‘$25,000,000’’ for ‘‘$5,000,000’’ in concluding provisions relating to defini- tion of ‘‘Works of improvement’’. 1994—Pub. L. 103–437 in concluding provisions relating to definition of ‘‘Works of improvement’’ substituted ‘‘Committee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’ and ‘‘Committee on Environment and Public Works of the Senate and the Committee on Public Works and Trans- portation of the House’’ for ‘‘Committee on Public Works of the Senate and the Committee on Public Works of the House’’. 1990—Pub. L. 101–624, which directed amendment of third sentence by substituting ‘‘Each project’’ for ‘‘Each such project submitted to the Committee on En- vironment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives after July 1, 1987,’’ and insert- ing ‘‘, including rural communities,’’ after ‘‘agri- culture’’, was executed to third sentence of par. defin- ing ‘‘Works of improvement’’ to reflect the probable in- tent of Congress. 1986—Pub. L. 99–662 inserted in definition of ‘‘Works of improvement’’ provision requiring that projects sub- mitted after July 1, 1987, contain benefits directly re- lated to agriculture accounting for at least 20 percent of the total benefits of the project. 1981—Pub. L. 97–98 substituted ‘‘$5,000,000’’ for ‘‘$1,000,000’’ in definition of ‘‘Works of improvement’’ and expanded definition of ‘‘Local organization’’ to in- clude any Indian tribe or tribal organization having au- thority under Federal, State, or Indian tribal law to carry out, maintain, and operate works of improve- ment. 1977—Pub. L. 95–113 substituted ‘‘$1,000,000’’ for ‘‘$250,000’’. 1972—Pub. L. 92–419 defined ‘‘Works of improvement’’ to include any undertaking for the conservation and proper utilization of land. 1965—Pub. L. 89–337 substituted ‘‘more than twelve thousand five hundred acre-feet of floodwater detention capacity’’ for ‘‘more than five thousand acre-feet of floodwater detention capacity’’. 1961—Pub. L. 87–170 included irrigation or reservoir companies, water users’ associations and similar orga- nizations not operated for profit in the definition of local organization. 1956—Act Aug. 7, 1956, struck out provisions which limited works of improvement to agriculture phases of conservation, development, utilization, and disposal of water, increased the limits of total capacity of any sin-