§ 1003. — Assistance to local organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1003]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1003. Assistance to local organizations
In order to assist local organizations in preparing and carrying out
plans for works of improvement, the Secretary is authorized, upon
application of local organizations if such application has been
submitted to, and not disapproved within 45 days by, the State agency
having supervisory responsibility over programs provided for in this
chapter, or by the Governor if there is no State agency having such
responsibility--
(1) to conduct such investigations and surveys as may be
necessary to prepare plans for works of improvement;
(2) to prepare plans and estimates required for adequate
engineering 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 assistance to local organizations: Provided,
That, for the land-treatment measures, the Federal assistance shall
not exceed the rate of assistance for similar practices under
existing national programs;
(5) to obtain the cooperation and assistance of other Federal
agencies in carrying out the purposes of this section;
(6) to enter into agreements with landowners, operators, and
occupiers, individually or collectively, 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 conservation practices and
measures needed 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 watershed or
subwatershed work plans 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. Applications
for assistance in developing 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
Secretary 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 Secretary determines is appropriate and
in the public interest for the carrying out of 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 cropland,
crop acreage, and allotment history applicable to land covered by
the agreement 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.
(Aug. 4, 1954, ch. 656, Sec. 3, 68 Stat. 666; Aug. 7, 1956, ch. 1027,
Sec. 1(b), 70 Stat. 1088; Pub. L. 92-419, title II, Sec. 201(c), Aug.
30, 1972, 86 Stat. 667; Pub. L. 97-98, title XV, Sec. 1512(c), Dec. 22,
1981, 95 Stat. 1333; Pub. L. 101-624, title XIV, Sec. 1464, Nov. 28,
1990, 104 Stat. 3616.)
References in Text
Section 13 of the Act of December 22, 1944 (58 Stat. 887), as
amended and supplemented, referred to in par. (6), is section 13 of act
Dec. 22, 1944, ch. 665, 58 Stat. 887, which was not classified to the
Code.
Amendments
1990--Par. (6). Pub. L. 101-624 inserted ``and enhance the water
quality of'' after ``recreation resources of''.
1981--Par. (6). Pub. L. 97-98 inserted reference to energy in the
enumeration of the various aspects of lands to be conserved and
developed within areas included under plans for works of improvement.
1972--Par. (6). Pub. L. 92-419 added par. (6).
1956--Pars. (2) to (6). Act Aug. 7, 1956, substituted in par. (2)
provisions authorizing the Secretary to prepare plans and estimates
required for adequate engineering evaluation for provisions which
authorized the Secretary to make studies for physical and economic
soundness of plans for works of improvement, added par. (3), and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
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.
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this chapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1002 of this title.
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.
Section Referred to in Other Sections
This section is referred to in sections 1007, 1008, 3811, 3821 of
this title.
