§ 1005. — Works of improvement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1005]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1005. Works of improvement
(1) Engineering and other services; reimbursement; advances
At such time as the Secretary 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 requirements for participation in carrying out
the works of improvement as set forth in section 1004 of this title, the
local organization may secure engineering and other services, including
the design, preparation of contracts and specifications, 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 professional 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
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: Provided further, That the Secretary may advance
such amounts as may be necessary to pay for such services, but such
advances with respect to any works of improvement shall not exceed 5 per
centum of the estimated installation cost of such works.
(2) Federal construction; request by local organization
Except as to the installation of works of improvement 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 Secretary may enter into contracts for
the construction of structures.
(3) Transmission of certain plans to Congress
Whenever the estimated Federal contribution to the construction
costs of works of improvement in the plan for any watershed 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 therefor to the Congress through the President.
(4) Transmission of certain plans and recommendations to Congress
Any plans for works of improvement involving an estimated Federal
contribution to construction costs in excess of $5,000,000 or including
any structure having a total capacity in excess of twenty-five hundred
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 goodwater \1\ 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 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 and Human Services, 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.
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\1\ So in original. Probably should be ``floodwater''.
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(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, including the Department of the
Interior and the Department of the Army.
(Aug. 4, 1954, ch. 656, Sec. 5, 68 Stat. 667; July 19, 1956, ch. 639, 70
Stat. 580; Aug. 7, 1956, ch. 1027, Sec. 1(f), 70 Stat. 1089; Pub. L. 87-
703, title I, Sec. 105, Sept. 27, 1962, 76 Stat. 609; Pub. L. 90-361,
June 27, 1968, 82 Stat. 250; Pub. L. 92-419, title II, Sec. 201(g), Aug.
30, 1972, 86 Stat. 669; Pub. L. 95-113, title XV, Sec. 1506(b), (c),
Sept. 29, 1977, 91 Stat. 1022; Pub. L. 96-88, title V, Sec. 509(b), Oct.
17, 1979, 93 Stat. 695; Pub. L. 97-98, title XV, Sec. 1512(e), (f), Dec.
22, 1981, 95 Stat. 1333.)
Amendments
1981--Subd. (3). Pub. L. 97-98, Sec. 1512(e), substituted
``$5,000,000'' for ``$1,000,000''.
Subd. (4). Pub. L. 97-98, Sec. 1512(f), substituted ``$5,000,000''
for ``$1,000,000''.
1977--Subd. (3). Pub. L. 95-113, Sec. 1506(b), substituted
``$1,000,000'' for ``$250,000''.
Subd. (4). Pub. L. 95-113, Sec. 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 authorizing the
Secretary to enter into contracts for the construction of structures if
requested to do so by the local organization.
1962--Subd. (1). Pub. L. 87-703 designated existing provisions as
subd. (1); substituted ``local organization may secure'' for ``local
organization with such assistance as it may request from the Secretary,
which assistance the Secretary is authorized to give, shall secure'' 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 organization shall, and in such
projects not providing for municipal or industrial water supplies, the
local organization 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 Secretary determines that competent engineering
services are not available he may contract for a competent engineer to
provide such services or arrange for employees of the Federal Government
to provide such services'' after ``chargeable to such works of
improvement''; provided for reimbursement for other services; and
required the reimbursement not to exceed the amount agreed upon in the
plan for works of improvement or any modification thereof.
Subd. (2). Pub. L. 87-703 designated existing provisions as subd.
(2), and struck out ``unless there is no local organization authorized
by State law to undertake such construction or to enter into such
contract, and in no event after July 1, 1956: Provided, That in
participating in the installation of such works of improvement the
Secretary, as far as practicable and consistent 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 municipal or industrial water supplies, when
the local organization may or may not employ engineers, provided for
reimbursement of costs of engineers, authorized the Secretary to
contract for engineers or to utilize engineers employed by the Federal
Government when local organizations do not employ any, permitted
advances, required transmittal of plans when Federal contributions 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 Congress.
Act July 19, 1956, substituted ``fifteen'' for ``forty-five''.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in par. (4) pursuant to
section 509(b) of Pub. L. 96-88, which is classified to section 3508(b)
of Title 20, Education.
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
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.
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 (Public 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
Department of the Army, and other Federal agencies to the extent that
such programs or projects affect, or are affected significantly by,
works of improvement provided for in the Act.
Sec. 2. General administration. The Secretary of Agriculture shall
have the following-described responsibilities under the Act [this
chapter]:
(a) Approval or disapproval of applications for Federal assistance
in preparing plans for works of improvement, and the assignment of
priorities for the provision of such assistance.
(b) Establishing criteria for the formulation and justification of
plans for works of improvement and criteria for the sharing of the cost
of both structural and land-treatment measures which conform with the
provisions 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 participation 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
Department of Agriculture for works of improvement. Arrangements for
construction, operation, and maintenance 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 Federal 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 review 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
investigation 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 Governor or Governors concerned, the Secretary
of the Interior, the Secretary of the Army, and other Federal agencies
concerned.
(b) The Secretary of the Interior shall notify in writing 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, nature, status, and results of such
survey or investigation.
(c) The Secretary of the Army shall notify in writing the State
Governor or Governors concerned, the Secretary 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, nature, status, and results of such
survey or investigation.
Sec. 4. Coordination. In order to assure the coordination 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 orderly, 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 located in one of the
seventeen western reclamation States or Hawaii and it appears that a
major objective is the agricultural phases of the conservation,
development, utilization, and disposal of water for irrigation purposes,
request the views of the Secretary of the Interior concerning the
feasibility of achieving equivalent irrigation benefits by means of
works of improvement 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 furnished 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 appropriate method of achieving that objective.
(2) When it appears that a major objective of an application 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 protection benefits by
means of works of improvement constructed 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 thereto, and authorize
planning assistance under the Act only after carefully considering
whether works of improvement under the Act would be a more appropriate
method of achieving that objective.
(3) When an application applies to a watershed located in the
Tennessee River drainage basin, request the views of the Board of
Directors of the Tennessee Valley Authority concerning the feasibility
of achieving the objectives of the application by means of works of
improvement for flood control or watershed protection constructed under
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), and authorize 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 assistance is authorized, consult with the Tennessee Valley
Authority throughout all phases of project development concerning the
relationship of works of improvement under the Act to the unified
development and regulation of the Tennessee River system.
(b) The Secretary of the Interior shall, prior to undertaking any
survey or field investigation under the Reclamation Act of June 17, 1902
(43 U.S.C. 391), and acts amendatory or supplementary thereto, or prior
to initiating 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 improvements 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 application 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 undertaking 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, 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 survey or field investigation only
after carefully considering whether works of improvement under his
authorities would be a more appropriate 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 Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), relating to works of improvement for flood control or watershed
protection to be installed 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 works of improvement for flood control or watershed
protections by means of works of improvement constructed under the Act
[this chapter], and proceed with such survey or investigation only after
carefully 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
negotiations 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 subwatershed area of not more than
250,000 acres and it appears 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
consider 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 surveys and investigations and prepare a report with
recommendations concerning the conservation and development 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 organization and the
Secretary of Agriculture.
Sec. 6. Relationship to comprehensive development. (a) The Secretary
of Agriculture shall submit plans for installation 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 involved.
(b) Federal agencies having responsibilities for water resource
developments shall, in the design and justification of works of
improvement, take cognizance of all upstream and downstream works in
place and in operation, or soon to be brought into operation. The
guiding principle shall be to adjust the nature, capacity, and operating
characteristics of works of improvement in a manner that (1) reflects
the respective contributions of upstream and downstream works to flood
protection and to the conservation, development, use, and disposal of
water, and (2) provides the best use and control of water resources at
minimum cost. Whenever approximately 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 relationships exist
between the projects and plans of the several agencies, the benefits
claimed in justification of a system of improvements shall not include
any duplication 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 improvement 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 following:
(a) Provision of pertinent information in the preliminary planning
of works of improvement.
(b) Collaboration in planning programs of hydrologic-data collection
in project areas, in the selection of station 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 initiated 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], relating to the transmittal to the Congress of
copies of plans for certain works of improvement and the justifications
therefor, are hereby delegated to the Director of the Bureau of the
Budget.
Dwight D. Eisenhower.
Transfer of Functions
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, transferred 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 Organization 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 Budget.
