§ 1004. — Conditions for Federal assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1004]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1004. Conditions for Federal assistance
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 chapter, such land,
easements, or rights-of-way as will be needed in connection with
works of improvement installed with Federal assistance: Provided,
That when a local organization agrees to operate and maintain any
reservoir or other area included in a plan for public fish and
wildlife or recreational development, the Secretary shall be
authorized 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 authorized to participate in not more
than one recreational development in a watershed project containing
less than seventy-five thousand acres, or two such developments in a
project containing between seventy-five thousand and one hundred and
fifty thousand acres, or three such developments in projects
exceeding one hundred and fifty thousand acres: Provided further,
That when the Secretary and a local organization have agreed that
the immediate acquisition by the local organization of land,
easements, or rights-of-way is advisable for the preservation of
sites for works of improvement included in a plan from encroachment
by residential, commercial, industrial, or other development, the
Secretary shall be authorized to advance to the local organization
from funds appropriated for construction of works of improvement 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 advance shall be repaid by the local organization,
with interest, prior to construction of the works of improvement,
for credit to such construction funds: Provided further, That the
Secretary shall be authorized to bear an amount not to exceed 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
utilization 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
adequate treatment or other methods of controlling waste at the
source, and shall be consistent with standards and regulations
adopted by the Water Resources Council on Federal cost sharing for
water quality management, and (B) all of the cost of installing any
portion of such works applicable to other purposes except that any
part of the construction cost (including engineering costs)
applicable to flood prevention and features relating thereto shall
be borne by the Federal Government and paid for by the Secretary out
of funds appropriated for the purposes of this chapter: Provided,
That, in addition to and without limitation on the authority of the
Secretary to make loans or advancements under section 1006a of this
title, the Secretary may pay for any storage of water for present or
anticipated future demands or needs for municipal or industrial
water included in any reservoir structure constructed or modified
under the provisions of this chapter 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 structure including such water supply storage that there
are adequate assurances by the local organization 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: 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 reservoir 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 storage for anticipated future demands 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 determined in accordance
with the provisions of section 1006a of this title.
(3) make arrangements satisfactory to the Secretary for
defraying costs of operating and maintaining such works of
improvement, in accordance with regulations presented by the
Secretary of Agriculture;
(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 land 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 1006a
of this title.
(Aug. 4, 1954, ch. 656, Sec. 4, 68 Stat. 667; Aug. 7, 1956, ch. 1027,
Sec. 1(c)-(e), 70 Stat. 1088; Pub. L. 85-865, Sec. 1, Sept. 2, 1958, 72
Stat. 1605; Pub. L. 86-545, June 29, 1960, 74 Stat. 254; Pub. L. 87-703,
title I, Secs. 103, 104, Sept. 27, 1962, 76 Stat. 608, 609; Pub. L. 92-
419, title II, Sec. 201(d)-(f), Aug. 30, 1972, 86 Stat. 668; Pub. L. 97-
98, title XV, Sec. 1512(d), Dec. 22, 1981, 95 Stat. 1333.)
Amendments
1981--Par. (1). Pub. L. 97-98 inserted proviso authorizing the
Secretary to bear an amount not to exceed 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 directing that such acquisitions are not limited to the confines of
the watershed project boundaries.
1972--Par. (1). Pub. L. 92-419, Sec. 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, Sec. 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
inserted water quality management proviso.
Par. (2)(B). Pub. L. 92-419, Sec. 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 adequate 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 reasonable assurances by the local
organization of repayment of cost of such water supply storage for
anticipated future demands, and substituted permissive provisions for
repayment of cost for anticipated future demands within life of the
reservoir structure for former mandatory provisions.
1962--Par. (1). Pub. L. 87-703, Sec. 103(1), inserted provisos
respecting cost sharing, participation, number of recreational
developments and advances of funds.
Par. (2)(A). Pub. L. 87-703, Sec. 103(2), substituted ``national
needs and assistance authorized for similar purposes under other Federal
programs'' for ``the direct identifiable benefits'' and inserted
``(excluding engineering costs)'' after ``Federal assistance'' and ``or
recreational'' before ``development''.
Par. (2)(B). Pub. L. 87-703, Sec. 104, inserted provisos respecting
water storage payments and limitation on amount of such payments,
repayment agreements and period of time for repayment and provisions for
commencement of repayment, interest-free period and rate of interest.
1960--Par. (1). Pub. L. 86-545 inserted provisions requiring local
organizations to provide assurances with respect to interests in land to
be acquired by condemnation.
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, Sec. 1(c), required local
organizations to assume a proportionate share of costs applicable to
agricultural water management in consideration of the direct
identifiable benefits, and all the costs of works applicable to other
purposes, and provided that the Federal Government shall bear the entire
construction costs for flood prevention.
Par. (4). Act Aug. 7, 1956, Sec. 1(d), inserted ``or water users''
after ``landowners''.
Par. (6). Act Aug. 7, 1956, Sec. 1(e), added par. (6).
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
Section 2 of Pub. L. 85-865 provided that: ``The Secretary of
Agriculture shall not furnish or agree to furnish financial assistance
to local organizations 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.''
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.
Public Access to Water Impoundments
Pub. L. 99-662, title IX, Sec. 930, Nov. 17, 1986, 100 Stat. 4196,
provided that: ``The Secretary of Agriculture, acting through the
Administrator of the Soil Conservation Service, shall study and report
to the appropriate committees 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 access be
provided to any or all water impoundments that have recreation-related
potential and that were authorized 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.
Section Referred to in Other Sections
This section is referred to in section 1005 of this title.
