§ 590z-1. — Prerequisites for construction of project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC590z-1]
TITLE 16--CONSERVATION
CHAPTER 3C--WATER CONSERVATION
SUBCHAPTER II--CONSERVATION AND UTILIZATION PROJECTS
Sec. 590z-1. Prerequisites for construction of project
(a) Investigation and report to President
No construction of a project may be undertaken pursuant to the
authority of this subchapter unless and until the Secretary has made an
investigation thereof and has submitted to the President his report and
findings on--
(i) the engineering feasibility of the proposed construction;
(ii) the estimated cost of the proposed construction;
(iii) the part of the estimated cost which properly can be
allocated to irrigation;
(iv) the part of the estimated cost which probably can be repaid
by the water users in accordance with the requirements of section
590z-2 of this title;
(v) the part of the estimated cost which can properly be
allocated to municipal or miscellaneous water supplies or power and
probably be returned to the United States in revenues therefrom;
(vi) the part of the estimated cost which can properly be
allocated to the irrigation of Indian trust and tribal lands, and be
repayable in accordance with existing law relating to Indian lands;
(vii) the part of the estimated cost which can properly be
allocated to flood control as recommended by the Secretary after
consultation with the Chief of Engineers, Department of the Army.
In connection with each such investigation, report, and finding, the
Secretary shall consult with the Secretary of Agriculture regarding
participation in the proposed project by the Department of Agriculture
under the authority of sections 590z-3 and 590z-4 of this title; and the
Secretary shall also transmit to the President a report by the Secretary
of Agriculture to the President on the participation, if any, proposed
by the Department of Agriculture. The project shall be deemed authorized
and may be undertaken pursuant to this subchapter if (1) the Secretary
finds and certifies to the President that the project has engineering
feasibility and that the water users probably can repay, in accordance
with the requirements of section 590z-2 of this title an amount equal to
or in excess of that part of the estimated cost allocated by him to
irrigation to be met by expenditure of moneys appropriated pursuant to
section 590z-10(1) of this title; and (2) the President has approved
said report and findings and has found that services, labor, materials,
easements, and other property, including money, for the construction of
the project, should be made available to the Department of the Interior
by the Works Projects Administration or other Federal agencies, to the
extent found necessary by the Secretary to make up the difference
between the estimated cost of project construction and (i) the part
thereof to be met by expenditure of moneys appropriated pursuant to
section 590z-10(1) of this title, together with (ii) such services,
materials, money, easements, and other property as non-Federal agencies
or parties have agreed to contribute and the Secretary has found
acceptable under section 590z of this title.
(b) Construction of physical features
No actual construction of the physical features of a project shall
be undertaken unless and until (1) the Secretary has found that lands,
or interests in lands, deemed necessary for the construction and
operation of the major features of the projects have been secured, or
sufficient progress made in their procurement to indicate the
probability that all these lands or interests in lands can be secured,
with titles and at prices satisfactory to him; and (2) the Secretary has
found (i) that water rights adequate for the purposes of the project
have been acquired with titles and at prices satisfactory to him, or
that such water rights have been initiated and in his judgment can be
perfected in conformity with State law and any applicable interstate
agreements and in a manner satisfactory to him; and (ii) that such water
rights can be utilized for the purposes of the project in conformity
with State law and any applicable interstate agreements and in a manner
satisfactory to him.
(c) Division of project
Any part of a project hereunder may be designated as a division of
the project by the Secretary if he, after consultation with the
Secretary of Agriculture, deems this desirable for orderly and efficient
construction or administration. The term ``project'', as used in
subsection (b) of this section and section 590z-2 of this title, shall
be deemed to mean also ``division of a project'', designated as provided
in this subsection. Any project authorized for construction from
appropriations under the head ``Water Conservation and Utility
Projects'' in the Interior Department Appropriation Act, 1940 [ch. 119]
(53 Stat. 685), hereinafter called the 1940 water conservation
appropriation, may be designated by the Secretary, upon agreement with
the Secretary of Agriculture, a project under this subchapter, and shall
thereupon be subject to all the provisions and requirements thereof,
except those of subsections (a) and (b) of this section.
(Aug. 11, 1939, ch. 717, Sec. 3, 53 Stat. 1419; Oct. 14, 1940, ch. 861,
54 Stat. 1120; July 16, 1943, ch. 242, Secs. 2-4, 57 Stat. 567; July 26,
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
References in Text
The head ``Water Conservation Utility Projects'' in the Interior
Department Appropriation Act, 1940 [ch. 119] (53 Stat. 685), referred to
in subsec. (c), was not classified to the Code.
Amendments
1943--Subsec. (a)(vii). Act July 16, 1943, Sec. 2, inserted
``Secretary after consultation with the'' after ``as recommended''.
Subsec. (b). Act July 16, 1943, Sec. 3, amended subsec. (b)
generally.
Subsec. (c). Act July 16, 1943, Sec. 4, added subsec. (c).
1940--Act Oct. 14, 1940, reenacted section.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Construction With Section 701-1 of Title 33
Section as amended and modified by act Dec. 22, 1944, ch. 665,
Sec. 1(c), 58 Stat. 665, see section 701-1(c) of Title 33, Navigation
and Navigable Waters.
Transfer of Functions
Works Projects Administration and its functions transferred to
Federal Works Agency by Reorg. Plan No. 1 of 1939, Secs. 301, 306, eff.
July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the Appendix to
Title 5, Government Organization and Employees.
Functions of Federal Works Agency transferred to General Services
Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63
Stat. 380. See text of, and Historical and Revision Notes under, section
303(b) of Title 40, Public Buildings, Property, and Works.
Section Referred to in Other Sections
This section is referred to in section 590z of this title; title 33
section 701-1.
