* Act of August 4, 1954 (P.L. 83-566, 68 Stat. 666 as amended; 16U.S.C. 1001(note), 1001-1003, 1003a, 1004-1006, 1006a-b, 1008, 1010; 33 U.S.C. 701b(note))

Purpose

Sec. 1. 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 cooper-ate with States and their political subdivisions, soil or water conser-va-tion districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages, of fur-ther-ing the conservation, develop-ment, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improv-ing the Nation's land and water resources and the quality of the environment. (16 U.S.C. 1001)

Definitions

Sec. 2. For the purposes of this Act, the following terms shall mean-

The "Secretary"-The Sec-re-tary of Agriculture of the United States. "Works of improve-ment"-any undertaking for-

(1) flood prevention (including structural and land-treatment mea-sures),

(2) the conservation, develop-ment, utilization, and disposal of water, or

(3) the conservation and proper utilization of land in watershed or subwatershed areas not exceeding two hundred and fifty thousand acres and not including any single structure which provides 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 contribution to construc-tion costs in excess of $5,000,000 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-pro-priate committees of the Senate and House of Representatives: Provid-ed, That in the case of any plan involving no single structure provid-ing more than 4,000 acre-feet of total capacity the appropriate com-mittees 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 Environment 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 related to agriculture, including rural communities, 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 desire.

"Local organization"-any State, political subdivision thereof, soil or water conservation district, flood prevention or control district, or combinations thereof, or any other agency having authority under State law to carry out, maintain and oper-ate the works of improve-ment; or any irri-gation or reservoir company, water users' association, or similar organi-zation having such authority and not being operated for profit that may be approved by the Secre-tary; or any Indian tribe or tribal organiza-tion, as defined in section 4 of the Indian Self-Determination and Edu-cation Assistance Act (25 U.S.C. 450b), having authority under Fed-er-al, State, or Indian tribal law to carry out, maintain, and operate the works of improve-ment. (16 U.S.C. 1002)

Assistance to Local Organizations

Sec. 3. In order to assist local organizations in preparing and car-rying out plans for works of im-provement, the Secretary is autho-rized, upon application of local organizations if such application has been submitted to, and not disap-proved within 45 days by, the State agency having supervisory responsi-bility over programs provided for in this Act, or by the Governor if there is no State agency having such responsibility-

(1) to conduct such investiga-tions and surveys as may be neces-sary to prepare plans for works of improve-ment;

(2) to prepare plans and esti-mates required for adequate engi-neering evaluation;

(3) to make allocations of costs to the various purposes to show the basis of such allocations and to determine whether benefits exceed costs;

(4) to cooperate and enter into agreements with and to furnish financial and other assis-tance to local organizations: Pro-vided, That, for the land-treatment measures, the Federal assistance shall not exceed the rate of assis-tance for similar practices under existing national programs;

(5) to obtain the cooperation and assistance of other Federal agencies in carrying out the purpos-es of this section;

(6) to enter into agreements with landowners, operators, and occupiers, individually or collec-tive-ly, based on conservation plans of such landowners, operators, and occupiers which are developed in cooperation with and approved by the soil and water conservation district in which the land described in the agreement is situated, to be carried out on such land during a period of not to exceed ten years, providing for changes in cropping systems and land uses and for the installation of soil and water con-ser-vation practices and measures need-ed to conserve and develop the soil, water, woodland, wildlife, energy, and recreation resources of and enhance the water quality of lands within the area included in plans for works of improvement, as provided for in such plans, including water-shed or subwatershed work plans in connection with the eleven water-shed improve-ment programs autho-rized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented. Applications for assistance in devel-oping such conservation plans shall be made in writing to the soil and water conservation district involved, and the proposed agreement shall be reviewed by such district. In return for such agreements by landowners,

operators, and occupiers the Secre-tary shall agree to share the costs of carrying out those practices and measures set forth in the agreement for which he determines that cost sharing is appropriate and in the public interest. The portion of such costs, including labor, to be shared shall be that part which the Secre-tary determines is appropriate and in the public interest for the carrying out the practices and measures set forth in the agreement, except that the Federal assistance shall not exceed the rate of assistance for similar practices and measures under existing national programs. The Secretary may terminate any agreement with a landowner, operator, or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modifications of agreements, previously entered into hereunder, as he deems desirable to carry out the purposes of this paragraph or to facilitate the practical administration of the agreements provided for herein. Notwithstanding any other provision of law, the Secretary, to the extent he deems it desirable to carry out the purposes of this paragraph, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the crop-land, crop acreage, and allotment history appli-cable 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 production of any crop; or (2) surrender of any such history and allotments. (16 U.S.C. 1003)

Cost Share Assistance

Sec. 3A. (a) Easements.-The Secretary may provide cost share assistance to project sponsors to enable such sponsors to acquire perpetual wetland or floodplain conservation easements to perpetu-ate, restore and enhance the natural capability of wetlands and floodplains to retain excessive floodwaters, improve water quality and quantity, and provide habitat for fish and wildlife.

(b) Amount.-The Secretary shall require that project sponsors of watershed projects provide up to 50 percent of the cost of acquiring easements under subsection (a). (16 U.S.C. 1003a)

Conditions of Assistance

Sec. 4. The Secretary shall require as a condition to providing Federal assistance for the installation of works of improvement that local organizations 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 act, such land, easements, or righ-ts--of-way as will be needed in connec-tion with works of improve-ment installed with Federal assis-tance: Provided, That when a local organi-zation agrees to operate and main-tain any reservoir or other area included in a plan for public fish and wildlife or recreational devel-op-ment, the Secretary shall be au-tho-rized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the local organization 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: Provided further, That the Secretary shall be authorized to participate in recreational development 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 development and giving consideration to the availability within the region of existing water-based outdoor recreational developments: Provided further, That the Secretary shall be autho-rized to participate in not more than one recreational de-velopment in a watershed project containing less than seventy-five thousand acres, or two such devel-opments in a project containing between seventy-five thousand one hundred and fifty thousand acres, or three such devel-opments in projects exceeding one hundred and fifty thousand acres: Provided further, That when the Secretary and a local organization have agreed that the immediate acquisi-tion by the local organization of land, easements, or rights-of-way is advisable for the preservation of site for works of improvement in-cluded in a plan from encroachment by residential, commercial, industri-al, or other development, the Secre-tary shall be authorized to advance to the local organization from funds appropriat-ed for construction of works of improve-ment 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 Secretary, such ad-vance shall be repaid by the local organization, with interest, prior to construction of the works of im-provement, for credit to such con-struction funds: Provided further, That the Secretary shall be autho-rized to bear an amount not to ex-ceed one-half of the costs of the land, easements, or rights-of-way acquired or to be acquired by the local organization for mitigation of fish and wildlife habitat 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 assistance authorized for similar purposes under other Federal programs, of the costs of installing any works of improvement, involving Federal 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 management, or the conservation and proper utili-zation of land: Provided, That works of improvement for water quality management shall consist primarily of water storage capacity in reservoirs for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for ade-quate treatment or other methods of controlling waste at the source, and shall be consistent with standards and regulations adopted by the Wa-ter Resources Council on Federal cost sharing for water quality man-agement, and (B) all of the cost of installing any portion of such works applicable to other purposes except that any part of the construction (including engineering costs) appli-cable to flood prevention and fea-tures relating thereto shall be borne by the Federal Government and paid for by the Secretary out of funds appropriated for the purposes of this Act: Provided, That in addition to and without limitation on the authority of the Secretary to make loans or advancements under section 8, the Secretary may pay for any storage of water for present or an-tic-ipated future demands or needs for municipal or industrial water includ-ed in any reservoir structure con-structed or modified under the pro-visions of this Act 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 determine prior to initiation of construction or modification of any reservoir struc-ture including such water supply storage that there are adequate as-surances by the local organization or by an agency of the State having authority to give such assurances, that the Secretary will be reim-bursed the cost of water supply storage for anticipated future de-mands, and that the local organiza-tion 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 reser-voir 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 reimbursement 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 stor-age for anticipated future de-mands until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be deter-mined in accordance with the provisions of section 8.

(3) make arrangements satisfac-tory to the Secretary for defraying costs of operating and maintaining such works of improvement, in accor-dance with regulations pre-sent-ed by the Secretary of Agricul-ture.

(4) acquire, or provide assurance that landowners 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 recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the lands 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 8. (16 U.S.C. 1004)

Works of Improvement

Sec. 5. (1) Engineering Ser-vices.-At such time as the Sec-re-tary and the interested 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 car-rying out the works of improvement as set forth in section 4, the local organization may secure engineering and other services, including the design, preparation of contracts and specifications, awarding of con-tracts, and supervision of construc-tion, in connection with such works of improve-ment, by retaining or employing a professional engineer or engineers satisfactory to the

Sec-retary or may request the Secre-tary to provide such services: Pro-vided, That if the local organization

elects to employ a professional engineer or engineers, the Secretary shall reim-burse the local organiza-tion for the costs of such engineer-ing and other services secured by the local orga-nization as are proper-ly chargeable 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: Pro-vided further, That the Secretary may advance such amounts as may be necessary to pay for such servic-es, but such advances with respect to any works of im-provement shall not exceed 5 per centum of the estimated installation cost of such works.

(2) Federal Construction.-Ex-cept as to the installation of works of improvement on Federal lands, the Secretary shall not con-struct or enter into any contract for the con-struc-tion of any structure: Provided, That if requested to do so by the local organization, the Secre-tary may enter into contracts for the construction of structures.

(3) Transmission of certain plans to Congress.-Whenever the esti-mated Federal contribution to the construc-tion cost of works of im-provement in the plan for any wa-tershed or subwatershed area shall exceed $5,000,000, 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 there-for to the Congress through the President.

(4) Transmission of certain plans and recommendations to Con-gress.-Any plan for works of im-provement involving an estimated Federal contribution to construction costs in excess of $5,000,000 or including any structure having acre-feet (a) which includes works of improvement for reclamation or irrigation, or which affects public or other lands or wildlife under the jurisdiction of the Secretary of the Interior, (b) which includes Federal assistance for floodwa-ter detention structures, (c) which includes fea-tures which may affect the public health, or (d) which includes mea-sures 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, Education, and Welfare, or the Administrator 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, Education, and Welfare, and the Administrator of the Environmental Protection 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 President.

(5) Rules and regulations.-Prior to any Federal participation in the works of improvement under this Act, the President shall issue such rules and regulations as he deems necessary or desirable to carry out the purposes of this Act, and to assure the coordination of the work authorized under this Act and related work of other agencies, including the Department of the Interior and the Department of the Army. (16 U.S.C. 1005)

Cooperation with Other Agencies

Sec. 6. The Secretary is authorized in cooperation with other Federal and with States and local agencies to make investigations and surveys of the watersheds of rivers and other waterways as a basis for the development of coordinated programs. In areas where the programs of the Secretary of Agriculture may affect public or other lands under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture in the planning and development of works or programs for such lands. (16 U.S.C. 1006)

Repeal of Previous Authorities

Sec. 7. The provisions of the Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, confer-ring authority upon the Department of Agriculture under the direction of the Secretary of Agriculture to make preliminary examinations and sur-veys to prosecute works of improve-ment for runoff and water-flow retar-dation and soil erosion prevention on the watersheds of rivers and other waterways are hereby repealed: Provided, That (a) the authority of that Department of Agriculture, under the direction of the Secretary, to prosecute the works of improvement for runoff and waterflow retardation and soil erosion prevention authorized to be carried out by the Department by the Act of December 22, 1944 (58 Stat. 887), as amended, and (b) the authority of the Secretary of Agri-culture to undertake emergency measures for runoff retardation and soil erosion prevention authorized to be carried out by section 7 of the Act of June 28, 1938 (52 Stat. 1215), as amended by section 216 of the Act of May 17, 1950 (64 Stat. 163), shall not be affected by the provisions of this section: Pro-vided further, That in connection with the eleven watershed improve-ment programs authorized by sec-tion 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented, the Secretary of Agriculture is authorized to prose-cute additional works of improve-ment for the conserva-tion, develop-ment, utilization, and disposal of water in accordance with the provi-sions of section 4 of this Act or any amendments hereafter made thereto. (33 U.S.C. 701b(note))

Watershed Loan Authority

Sec. 8. The Secretary is authorized to make loans or advancements (a) to local organizations to finance the local share of costs of carrying out works of improvement provided for in this Act, and (b) to State and local agencies to finance the local share of costs of carrying out works of improvement (as defined in section 2 of this Act) in connection with the eleven watershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented: Provided, That the works of improvement in connection with said eleven watershed improvement programs shall be integral parts of watershed or subwatershed work plans agreed upon by the Secretary of Agriculture and the concerned State and local agencies. Such loans or advancements shall be made under contracts or agreements which will provide, under suchterms and conditions as the Secre-tary deems appropriate, 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 interest at the average rate as determined by the Secretary of the Treasury, payable by the Treasury upon its marketable public obliga-tions outstanding at the beginning of the fiscal year in which the loan or advancement is made, which are neither due nor callable for redemp-tion for fifteen years from date of issue. With respect to any single plan for works of improvement, the amount of any such loan or advancement shall not exceed $5,000,000. (16 U.S.C. 1006a)

Extent of Authority

Sec. 9. The provisions of this Act shall be applicable to Hawaii, Alaska, Puerto Rico, and the Virgin Islands. (16 U.S.C. 1006b)

Authorization of Funds

Sec. 10. There are hereby autho-rized to be appropriated such sums as may be necessary to carry out the purposes of this Act, such sums to remain available until expended. No appropriation hereafter available for assisting local organizations in preparing and carrying out plans for works of improvement under the provisions of section 3 or clause (a) of section 8 of this Act shall be available for any works of improve-ment pursuant to this Act or other-wise in connection with the eleven watershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented, or for making loans or advance-ments to State and local agencies as authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented, or for making loans or advance-ments to State and local agencies as authorized by clause (b) of section 8. (16 U.S.C. 1007)

Citation

Sec. 11. This Act may be cited as the "Watershed Protection and Flood Prevention Act". (16 U.S.C. 1001(note))

Conservation and Development of Wildlife Resources

Sec. 12. When the Secretary approves the furnishing of assistance to a local organization in preparing a plan for works of improvement as provided for in section 3-

(1) The Secretary shall so notify the Secre-tary of the Interior in order that the latter, as he desires, may make surveys and investiga-tions and pre-pare a report with recommenda-tions concerning the conservation and development of wildlife re-sources and participate, under ar-rangements satisfactory to the Secre-tary of Agri-culture, in the prepara-tion of a plan for works of improvement that is acceptable to the local organization and the Secretary of Agriculture.

(2) Full consideration shall be given to the recommendations contained in any such report of the Secretary of the Interior as he may submit to the Secretary of Agriculture prior to the time the local organization and the Secretary of Agriculture have agreed on a plan for works of improvement. The plan shall include such of the technically and economically feasible works of improvement for wildlife purposes recommended in the report by the Secretary of the Interior as are ac-ceptable to, and agreed to, by the local organization and the Secre-tary of Agriculture, and such report of the Secretary of the Interior shall, if requested by the Secretary of the Interior, accompany the plan for works of improvement when it is submitted to the Secretary of Agri-culture for approval or transmitted to the Congress through the Presi-dent.

(3) The cost of making sur-veys and investigations and of pre-paring reports concerning the con-servation and development of wild-life resources shall be borne by the Secretary of the Interior out of funds appropriated to his Depart-ment. (16 U.S.C. 1008)

Data

Sec. 13. The Secretary shall collect and maintain data on ana-tional and State by State basis con-cerning-

(1) expenditures for the indi-vidual flood control and conser-va-tion measures for which assis-tance is provided under this Act; and

(2) the expected flood con-trol or envi-ronmental (including soil erosion) benefits that will result from the implementation of such measures. (16 U.S.C. 1010)