§ 1002. — Definitions
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1002]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1002. Definitions
For the purposes of this chapter, the following terms shall mean:
The ``Secretary''--the Secretary of Agriculture of the United
States.
``Works of improvement''--any undertaking for--
(1) flood prevention (including structural and land treatment
measures),
(2) the conservation, development, utilization, and disposal of
water, or
(3) the conservation and proper utilization of land,
in watershed or subwatershed area 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 construction 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 appropriate 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
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 operate the works of
improvement; 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 Secretary; or any Indian
tribe or tribal organization, as defined in section 450b 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, Sec. 2, 68 Stat. 666; Aug. 7, 1956, ch. 1027,
Sec. 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,
Sec. 201(b), Aug. 30, 1972, 86 Stat. 667; Pub. L. 95-113, title XV,
Sec. 1506(a), Sept. 29, 1977, 91 Stat. 1022; Pub. L. 97-98, title XV,
Sec. 1512(a), (b), Dec. 22, 1981, 95 Stat. 1332, 1333; Pub. L. 99-662,
title IX, Sec. 929, Nov. 17, 1986, 100 Stat. 4196; Pub. L. 101-624,
title XIV, Sec. 1461, Nov. 28, 1990, 104 Stat. 3615; Pub. L. 103-437,
Sec. 6(v), Nov. 2, 1994, 108 Stat. 4587.)
Amendments
1994--Pub. L. 103-437 in closing provisions of par. defining ``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 Transportation 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 Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives after July 1, 1987,'' and inserting ``, including rural
communities,'' after ``agriculture'', was executed to third sentence of
par. defining ``Works of improvement'' to reflect the probable intent of
Congress.
1986--Pub. L. 99-662 inserted in definition of ``Works of
improvement'' provision requiring that projects submitted after July 1,
1987, contain benefits directly related 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 include any Indian tribe or tribal
organization having authority under Federal, State, or Indian tribal law
to carry out, maintain, and operate works of improvement.
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 organizations 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 single structure from 5,000 acre-feet to 25,000 acre-
feet, exclude single structures which provide more than 5,000 acre-feet
of floodwater detention capacity, required approval of plans involving
an estimated Federal contribution to construction costs of more than
$250,000, and specified the Congressional committees that must approve
the plans where structures are under and over 4,000 acre-feet of total
capacity.
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
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.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with this chapter
with respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Extension of Benefits to Projects Authorized Before Aug. 7, 1956
Amendment by act Aug. 7, 1956, as applicable to all works of
improvements and plans for such works under the provisions of this
chapter, see Extension of Benefits note set out under section 1001 of
this title.
Section Referred to in Other Sections
This section is referred to in section 1006a of this title.
