16 U.S.C. § 1005 — Works of improvement

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 Page 1593 TITLE 16—CONSERVATION § 1005 Secretary may enter into contracts for the con- struction of structures. (3) Transmission of certain plans to Congress Whenever the estimated Federal contribution to the construction cost of works of improve- ment in the plan for any watershed or subwater- shed area shall exceed $25,000,000 or the works of improvement include any structure having a total capacity in excess of twenty-five hundred acre-feet, the Secretary shall transmit a copy of the plan and the justification therefor to the Congress through the President. (4) Transmission of certain plans and rec- ommendations to Congress Any plans for works of improvement involving an estimated Federal contribution to construc- tion costs in excess of $25,000,000 or including any structure having a total capacity in excess of twenty-five hundred acre-feet (a) which in- cludes works of improvement for reclamation or irrigation, or which affects public or other lands or wildlife under the jurisdiction of the Sec- retary of the Interior, (b) which includes Federal assistance for floodwater detention structures, (c) which includes features which may affect the public health, or (d) which includes measures for control or abatement of water pollution, shall be submitted to the Secretary of the Interior, the Secretary of the Army, the Secretary of Health and Human Services, or the Adminis- trator of the Environmental Protection Agency, respectively, for his views and recommendations at least thirty days prior to transmission of the plan to the Congress through the President. The views and recommendations of the Secretary of the Interior, the Secretary of the Army, the Secretary of Health and Human Services, and the Administrator of the Environmental Protec- tion Agency, if received by the Secretary prior to the expiration of the above thirty-day period, shall accompany the plan transmitted by the Secretary to the Congress through the Presi- dent. (5) Rules and regulations Prior to any Federal participation in the works of improvement under this chapter, the President shall issue such rules and regulations as he deems necessary or desirable to carry out the purposes of this chapter, and to assure the coordination of the work authorized under this chapter and related work of other agencies, in- cluding the Department of the Interior and the Department of the Army. (Aug. 4, 1954, ch. 656, § 5, 68 Stat. 667; July 19, 1956, ch. 639, 70 Stat. 580; Aug. 7, 1956, ch. 1027, § 1(f), 70 Stat. 1089; Pub. L. 87–703, title I, § 105, Sept. 27, 1962, 76 Stat. 609; Pub. L. 90–361, June 27, 1968, 82 Stat. 250; Pub. L. 92–419, title II, § 201(g), Aug. 30, 1972, 86 Stat. 669; Pub. L. 95–113, title XV, § 1506(b), (c), Sept. 29, 1977, 91 Stat. 1022; Pub. L. 97–98, title XV, § 1512(e), (f), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 115–141, div. A, title VII, § 761(b), Mar. 23, 2018, 132 Stat. 396; Pub. L. 115–334, title II, § 2821(a), Dec. 20, 2018, 132 Stat. 4602.) Editorial Notes AMENDMENTS 2018—Subd. (3). Pub. L. 115–141, § 761(b)(1), substituted ‘‘$25,000,000’’ for ‘‘$5,000,000’’. Subd. (4). Pub. L. 115–334 substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’ in two places and, in item (b), substituted ‘‘floodwater’’ for ‘‘goodwater’’. Pub. L. 115–141, § 761(b)(2), substituted ‘‘$25,000,000’’ for ‘‘$5,000,000’’. 1981—Subd. (3). Pub. L. 97–98, § 1512(e), substituted ‘‘$5,000,000’’ for ‘‘$1,000,000’’. Subd. (4). Pub. L. 97–98, § 1512(f), substituted ‘‘$5,000,000’’ for ‘‘$1,000,000’’. 1977—Subd. (3). Pub. L. 95–113, § 1506(b), substituted ‘‘$1,000,000’’ for ‘‘$250,000’’. Subd. (4). Pub. L. 95–113, § 1506(c), substituted ‘‘$1,000,000’’ for ‘‘$250,000’’. 1972—Subd. (4). Pub. L. 92–419 substituted in item (a) ‘‘works of improvement for reclamation or irrigation’’ for ‘‘reclamation or irrigation works’’, in item (b) ‘‘goodwater’’ for ‘‘floodwater’’, added items (c) and (d), required submission of plans to Secretary of Health, Education, and Welfare, or the Administrator of the Environmental Protection Agency and transmittal of views and recommendations of such officials to the Congress. 1968—Subd. (2). Pub. L. 90–361 inserted proviso author- izing the Secretary to enter into contracts for the con- struction of structures if requested to do so by the local organization. 1962—Subd. (1). Pub. L. 87–703 designated existing pro- visions as subd. (1); substituted ‘‘local organization may secure’’ for ‘‘local organization with such assist- ance as it may request from the Secretary, which as- sistance the Secretary is authorized to give, shall se- cure’’ and ‘‘by retaining or employing a professional engineer or engineers satisfactory to the Secretary or may request the Secretary to provide such services’’ for ‘‘and in order to properly carry out such services in such projects as to such structures therein providing for municipal or industrial water supplies, the local or- ganization shall, and in such projects not providing for municipal or industrial water supplies, the local orga- nization may, retain or employ a professional engineer or engineers satisfactory to the Secretary’’; struck out ‘‘, except that if the local organization decides not to retain or employ a professional engineer or if the Sec- retary determines that competent engineering services are not available he may contract for a competent en- gineer to provide such services or arrange for employ- ees of the Federal Government to provide such serv- ices’’ after ‘‘chargeable to such works of improve- ment’’; provided for reimbursement for other services; and required the reimbursement not to exceed the amount agreed upon in the plan for works of improve- ment or any modification thereof. Subd. (2). Pub. L. 87–703 designated existing provi- sions as subd. (2), and struck out ‘‘unless there is no local organization authorized by State law to under- take such construction or to enter into such contract, and in no event after July 1, 1956: Provided, That in par- ticipating in the installation of such works of improve- ment the Secretary, as far as practicable and con- sistent with his responsibilities for administering the overall national agricultural program, shall utilize the authority conferred upon him by the provisions of this chapter’’ after ‘‘structure’’. Subds. (3) to (5). Pub. L. 87–703 designated existing provisions as subds. (3) to (5) and made phraseological changes. 1956—Act Aug. 7, 1956, required local organization to secure engineering and other services and to employ engineers, except in projects not providing for munic- ipal or industrial water supplies, when the local organi- zation may or may not employ engineers, provided for reimbursement of costs of engineers, authorized the Secretary to contract for engineers or to utilize engi- neers employed by the Federal Government when local Page 1594 TITLE 16—CONSERVATION § 1005 organizations do not employ any, permitted advances, required transmittal of plans when Federal contribu- tions to construction costs are more than $250,000 or the works include any structures with more than 2,500 acre-feet of total capacity, eliminated provisions which required transmittal 45 days prior to commencement of installation, and reduced the period for submission of plans to the Secretaries of the Interior and the Army from 60 days to 30 days prior to transmittal to Con- gress. Act July 19, 1956, substituted ‘‘fifteen’’ for ‘‘forty- five’’. 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 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 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. EX. ORD. NO. 10584. RULES AND REGULATIONS RELATING TO ADMINISTRATION Ex. Ord. No. 10584, Dec. 18, 1954, 19 F.R. 8725, as amended by Ex. Ord. No. 10913, Jan. 18, 1961, 26 F.R. 510, provided: SECTION 1. Scope of order. This order shall apply (a) to the planning, construction, operation, and maintenance of all works of improvement under the authority of the Watershed Protection and Flood Prevention Act (Pub- lic Law 566, as approved August 4, 1954, as amended; U.S.C. 1001 et seq.) [this chapter], hereinafter referred to as the Act, and (b) to other programs and projects of the Department of Agriculture, and to programs and projects of the Department of the Interior, the Depart- ment of the Army, and other Federal agencies to the extent that such programs or projects affect, or are af- fected significantly by, works of improvement provided for in the Act. SEC. 2. General administration. The Secretary of Agri- culture shall have the following-described responsibil- ities under the Act [this chapter]: (a) Approval or disapproval of applications for Fed- eral assistance in preparing plans for works of improve- ment, and the assignment of priorities for the provision of such assistance. (b) Establishing criteria for the formulation and jus- tification of plans for works of improvement and cri- teria for the sharing of the cost of both structural and land-treatment measures which conform with the pro- visions of the Act and with policies established by or at the direction of the President for watershed protection, flood prevention, irrigation, drainage, water supply, and related water-resources development purposes. (c) Establishing engineering and economic standards and objectives, including standards as to degrees of flood protection, for works of improvement planned and carried out under the authority of the Act. (d) Determination and definition of (1) those land- treatment measures and structural improvements for flood prevention and measures for the agricultural phases of conservation, development, use and disposal of water or for fish and wildlife development which are eligible for assistance under the Act and (2) the nature and extent of such assistance and the conditions under which such assistance shall be rendered. (e) Planning and installing works of improvement on lands under his jurisdiction, and arranging for the par- ticipation of other Federal agencies in the planning and installation of works of improvement on lands under their jurisdiction. Recommendations of the heads of other Federal agencies for necessary works of improvement on lands under their jurisdiction shall be submitted as an integral part of the plans of the De- partment of Agriculture for works of improvement. Ar- rangements for construction, operation, and mainte- nance of works of improvement on such lands shall be mutually satisfactory to the Secretary of Agriculture and the head of the Federal agency concerned. (f) Submitting plans for works of improvement to the State Governor or Governors concerned and to the Fed- eral agencies concerned for review and comment when the Secretary and the interested local organization have agreed on such plans; and, when and as required by the Act, submitting such plans to the Secretary of the Interior and the Secretary of the Army for their re- view and comment prior to transmission of the plans to the Congress through the President. (g) Giving full consideration to the recommendations concerning the conservation and development of fish and wildlife resources contained in any report of the Secretary of the Interior which is submitted to him, in accordance with section 12 of the Act [section 1008 of this title] and section 5 of this order, prior to the time he and the local organization have agreed on a plan for works of improvement, and including in the plan such works of improvement for fish and wildlife purposes recommended in the report as are acceptable to him and the local organization. (h) Holding public hearings at suitable times and places when he determines that such action will further the purposes of the Act. SEC. 3. Notification. (a) The Secretary of Agriculture shall: (1) Notify in writing the State Governor or Governors concerned, the Secretary of the Interior, the Secretary of the Army, and other Federal agencies concerned of his decision to initiate any survey or field investiga- tion involving water-resources development work, and furnish them with appropriate information regarding the scope, nature, status, and results of such survey or investigation. (2) Notify the following, severally, in writing of all approvals or disapprovals of applications for planning assistance: the sponsoring organization, the State Gov- ernor or Governors concerned, the Secretary of the In- terior, the Secretary of the Army, and other Federal agencies concerned. (b) The Secretary of the Interior shall notify in writ- ing the State Governor or Governors concerned, the Secretary of Agriculture, the Secretary of the Army, and other Federal agencies concerned of his decision to initiate any survey or field investigation involving water-resources development work, and furnish them with appropriate information regarding the scope, na- ture, status, and results of such survey or investiga- tion. (c) The Secretary of the Army shall notify in writing the State Governor or Governors concerned, the Sec- retary of Agriculture, the Secretary of the Interior, and other Federal agencies concerned of his decision to initiate any survey or field investigation involving water-resources development work, and furnish them with appropriate information regarding the scope, na- ture, status, and results of such survey or investiga- tion. Page 1595 TITLE 16—CONSERVATION § 1005 SEC. 4. Coordination. In order to assure the coordina- tion of work authorized under the Act [this chapter] and the related work of other agencies, so that the proper use, conservation, and development of water and related land resources through Federal programs and financial assistance may be achieved in the most or- derly, economical, and effective manner. (a) The Secretary of Agriculture, before authorizing planning assistance in response to an application from a local organization for assistance under the Act [this chapter] shall: (1) When an application applies to a watershed lo- cated in one of the seventeen western reclamation States or Hawaii and it appears that a major objective is the agricultural phases of the conservation, develop- ment, utilization, and disposal of water for irrigation purposes, request the views of the Secretary of the In- terior concerning the feasibility of achieving equiva- lent irrigation benefits by means of works of improve- ment constructed pursuant to the Reclamation Act of June 17, 1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto, or by means of assistance fur- nished pursuant to the Small Reclamation Projects Act of 1956, as amended (43 U.S.C. 422a–422k) [43 U.S.C. 422a to 422k–1], and authorize planning assistance under the Act only after carefully considering whether works of improvement under the Act would be a more appro- priate method of achieving that objective. (2) When it appears that a major objective of an ap- plication is the reduction of flood damages in urban areas (as defined in the most recent census), request the views of the Secretary of the Army concerning the feasibility of achieving equivalent urban flood protec- tion benefits by means of works of improvement con- structed pursuant to the Flood Control Act of March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15, 1928 (45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat. 1570), or acts amendatory or supplementary there- to, and authorize planning assistance under the Act only after carefully considering whether works of im- provement under the Act would be a more appropriate method of achieving that objective. (3) When an application applies to a watershed lo- cated in the Tennessee River drainage basin, request the views of the Board of Directors of the Tennessee Valley Authority concerning the feasibility of achiev- ing the objectives of the application by means of works of improvement for flood control or watershed protec- tion constructed under the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et seq.), and au- thorize planning assistance under the Act only after carefully considering whether works of improvement under the Act would be a more appropriate method of achieving such objectives; and when such planning as- sistance is authorized, consult with the Tennessee Val- ley Authority throughout all phases of project develop- ment concerning the relationship of works of improve- ment under the Act to the unified development and reg- ulation of the Tennessee River system. (b) The Secretary of the Interior shall, prior to under- taking any survey or field investigation under the Rec- lamation Act of June 17, 1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto, or prior to initi- ating investigations after receipt of a Notice of Intent to apply for a loan under the Small Reclamation Projects Act of 1956, as amended (43 U.S.C. 422a–422k) [43 U.S.C. 422a to 422k–1], relating to works of improve- ments wholly within a watershed or subwatershed area of not more than 250,000 acres, request the views of the Secretary of Agriculture concerning the feasibility of achieving the major objectives of the project proposal by means of Federal assistance furnished pursuant to the Act [this chapter], and submit a report on such a survey or field investigation or approve such applica- tion for assistance only after carefully considering whether works of improvement under his authorities would be a more appropriate method of achieving such objectives. (c) The Secretary of the Army shall, prior to under- taking any survey or field investigation pursuant to the Flood Control Act of March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15, 1928 (45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat. 1570), and acts amendatory or supplementary thereto, relating to works of improvement wholly within a watershed or subwatershed area of not more than 250,000 acres, re- quest the views of the Secretary of Agriculture con- cerning the feasibility of achieving the major objec- tives of the project proposal by means of Federal assist- ance furnished pursuant to the Act [this chapter], and submit a report on such survey or field investigation only after carefully considering whether works of im- provement under his authorities would be a more ap- propriate method of achieving such objectives. (d) The Board of Directors of the Tennessee Valley Authority shall, prior to undertaking any survey or field investigation under the Tennessee Valley Author- ity Act of 1933, as amended (16 U.S.C. 831 et seq.), relat- ing to works of improvement for flood control or water- shed protection to be installed wholly within a water- shed or subwatershed area of not more than 250,000 acres, request the views of the Secretary of Agriculture concerning the feasibility of achieving the major objec- tives of the works of improvement for flood control or watershed protections by means of works of improve- ment constructed under the Act [this chapter], and pro- ceed with such survey or investigation only after care- fully considering whether works of improvement under the Tennessee Valley Authority Act would be a more appropriate method of achieving such objectives. (e) Whenever the foregoing provisions of this section require an agency head to request the views of another agency head, such request shall be effected prior to the making of any commitment to local interests, and local interests shall be informed at the outset of nego- tiations that any plan resulting therefrom is subject to coordination as required by this section. (f) When any agency having responsibilities for water resources development is considering the initiation of surveys or field investigations in a watershed or sub- watershed area of not more than 250,000 acres and it ap- pears that the purposes to be served by the project under investigation could more advantageously be met by means of a combination of works of improvement under the statutory authority available to that and other agencies, the appropriate agency head shall con- sider with the other agency heads concerned and the cooperating local interests the feasibility of preparing a jointly developed plan for coordinated action under available statutory authority. SEC. 5. Fish and wildlife development. Upon receipt of the notice required by section 12 of the Act [section 1008 of this title] and section 3(a)(1) of this order, the Secretary of the Interior, as he desires, may make sur- veys and investigations and prepare a report with rec- ommendations concerning the conservation and devel- opment of fish and wildlife resources and participate, under arrangements satisfactory to the Secretary of Agriculture, in the preparation of a plan for works of improvement which will be acceptable to the local or- ganization and the Secretary of Agriculture. SEC. 6. Relationship to comprehensive development. (a) The Secretary of Agriculture shall submit plans for in- stallation of works of improvement under the Act [this chapter] to the Congress through the President only if the Secretary is satisfied that such works constitute needed and harmonious elements in the comprehensive development of the river subbasin or river basin in- volved. (b) Federal agencies having responsibilities for water resource developments shall, in the design and jus- tification of works of improvement, take cognizance of all upstream and downstream works in place and in op- eration, or soon to be brought into operation. The guid- ing principle shall be to adjust the nature, capacity, and operating characteristics of works of improvement in a manner that (1) reflects the respective contribu- tions of upstream and downstream works to flood pro- tection and to the conservation, development, use, and disposal of water, and (2) provides the best use and con- Page 1596 TITLE 16—CONSERVATION § 1006 trol of water resources at minimum cost. Whenever ap- proximately equivalent benefits can be obtained from alternative works of improvement, or combinations of improvements, with approximately the same cost the alternative or combination lease costly to the Federal Government shall be given preferential consideration. In case benefits are produced jointly by more than one work of improvement, or in case complementary rela- tionships exist between the projects and plans of the several agencies, the benefits claimed in justification of a system of improvements shall not include any du- plication or compounding of benefits. SEC. 7. Basic data. In the utilization of existing basic physical and economic data, and in the acquisition of additional basic data required for planning, design, construction, operation and evaluation of works of im- provement authorized under the Act [this chapter], the Department of Agriculture shall be assisted by the principal basic-data collection agencies, including the Geological Survey in the Department of the Interior and the Weather Bureau [now the National Weather Service] in the Department of Commerce. The basic- data collection agencies shall assist and cooperate with the Department of Agriculture with respect to the fol- lowing: (a) Provision of pertinent information in the prelimi- nary planning of works of improvement. (b) Collaboration in planning programs of hydrologic- data collection in project areas, in the selection of sta- tion sites and installation of equipment for collecting hydrologic data, and in the collection of such data. (c) Collaboration in the analysis and interpretation of hydrologic data collected specifically for projects initi- ated under the Act, and of relevant data which may contribute to an analysis of the effects of such projects. DWIGHT D. EISENHOWER. EX. ORD. NO. 10654. DELEGATION OF FUNCTIONS TO DIRECTOR OF BUREAU OF THE BUDGET Ex. Ord. No. 10654, Jan. 20, 1956, 21 F.R. 511, provided: The functions vested in the President by the third proviso of section 5 of the Watershed Protection and Flood Prevention Act (68 Stat. 667) [this section], relat- ing to the transmittal to the Congress of copies of plans for certain works of improvement and the jus- tifications therefor, are hereby delegated to the Direc- tor of the Bureau of the Budget. DWIGHT D. EISENHOWER. [Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget, referred to in Ex. Ord. No. 10654, trans- ferred to President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organiza- tion and Employees. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget and Director of Bureau of the Budget as Director of Office of Management and Budg- et.] § 1006. Cooperative programs The Secretary is authorized in cooperation with other Federal and with States and local agencies to make investigations and surveys of the watershed of rivers and other waterways as a basis for the development of coordinated pro- grams. In areas where the programs of the Sec- retary of Agriculture may affect public or other lands under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior is au- thorized to cooperate with the Secretary of Ag- riculture in the planning and development of works or programs for such lands. (Aug. 4, 1954, ch. 656, § 6, 68 Stat. 668.) 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. § 1006a. Loans or advancements for financing local share of costs; repayment; interest; maximum amount The Secretary is authorized to make loans or advancements (a) to local organizations to fi- nance the local share of costs of carrying out works of improvement provided for in this chap- ter, and (b) to State and local agencies to fi- nance the local share of costs of carrying out works of improvement (as defined in section 1002 of this title) 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: Pro- vided, That the works of improvement in con- nection with said eleven watershed improve- ment programs shall be integral parts of water- shed or subwatershed work plans agreed upon by the Secretary of Agriculture and the concerned State and local agencies. A loan or advance under this section shall be made under a con- tract or agreement that provides, under such terms and conditions as the Secretary considers appropriate, for the repayment of the loan or ad- vance in not more than 50 years from the date when the principal benefits of the works of im- provement first become available, with interest at a rate not to exceed the current market yield for outstanding municipal obligations with re- maining periods to maturity comparable to the average maturity for the loan, adjusted to the nearest 1⁄8 of 1 percent. With respect to any sin- gle plan for works of improvement, the amount of any such loan or advancement shall not ex- ceed $10,000,000. (Aug. 4, 1954, ch. 656, § 8, as added Aug. 7, 1956, ch. 1027, § 1(g), 70 Stat. 1090; amended Pub. L. 86–468, § 1, May 13, 1960, 74 Stat. 131; Pub. L. 95–113, title XV, § 1508, Sept. 29, 1977, 91 Stat. 1022; Pub. L. 104–127, title VII, § 791(b), Apr. 4, 1996, 110 Stat. 1151.) 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 1996—Pub. L. 104–127 added second sentence and struck out former second sentence which read as fol- lows: ‘‘Such loans or advancements shall be made under contracts or agreements which will provide, under such terms and conditions as the Secretary deems appro- priate, for the repayment thereof in not more than fifty years from the date when the principal benefits of the works of improvement first become available, with in- terest at the average rate, as determined by the Sec- retary of the Treasury, payable by the Treasury upon