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Title 16 — Conservation

Chapter 18 — Watershed Protection and Flood Prevention

§ 1002. Definitions

Statutory text

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 $25,000,000, 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 5304 of title 25, having authority under Federal, State, or Indian tribal law to carry out, maintain, and operate the works of improvement.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–656 § 2 · 68 Stat. 792

    Enacted · 16 U.S.C. § 1002

    Aug. 4, 1954, ch. 656, § 2, 68 Stat. 666

    Source evidence

    Code source credit
    Aug. 4, 1954, ch. 656, § 2, 68 Stat. 666

    Enacted provision · exact public law section
    Sec. 2. The third sentence of subsection (c) of section 11 of the Federal Credit Union Act, as amended (U. S. C., 1952 edition, title 12, sec. 1761 (c)), is further amended by striking out “in an amount and character to be determined, from time to time, by the board” and by inserting in lieu thereof “in an amount and character to be determined from time to time by the board of directors in compliance with regulations prescribed, from time to time, by the Director,”.

  2. Pub. L. 87–170 · 75 Stat. 408

    Changed · 16 U.S.C. § 1002

    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

    Source evidence

    Code amendment note
    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.

  3. Pub. L. 89–337 · 79 Stat. 1300

    Substituted · 16 U.S.C. § 1002

    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”

    Source evidence

    Code amendment note
    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”.

  4. Rural Development Act of 1972

    Pub. L. 92–419 title II § 201(b) · 86 Stat. 657

    Changed · 16 U.S.C. § 1002

    Pub. L. 92–419 defined “Works of improvement” to include any undertaking for the conservation and proper utilization of land

    Source evidence

    Code amendment note
    Pub. L. 92–419 defined “Works of improvement” to include any undertaking for the conservation and proper utilization of land.

    Enacted provision · exact public law section
    (b) Section 2 is amended by substituting a comma for the word 70 Stat. 1088. 16 USC 1002. “or” after clause (1) and adding after the phrase “(2) the conservation, development, utilization, and disposal of water” a comma and the following: “ or “(3) the conservation and proper utilization of land”.

  5. Food and Agriculture Act of 1977

    Pub. L. 95–113 title XV § 1506(a) · 91 Stat. 913

    Substituted · 16 U.S.C. § 1002

    Pub. L. 95–113 substituted “$1,000,000” for “$250,000”

    Source evidence

    Code amendment note
    Pub. L. 95–113 substituted “$1,000,000” for “$250,000”.

    Enacted provision · exact public law section
    (a) Section 2 (16 U.S.C. 1002) is amended by striking out “$250,000” and inserting in lieu thereof “$1,000,000”.

  6. Agriculture and Food Act of 1981

    Pub. L. 97–98 title XV § 1512(a) · 95 Stat. 1213

    Substituted · 16 U.S.C. § 1002

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended by changing the period at the end thereof to a semicolon and inserting immediately thereafter the following: “or any Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), having authority under Federal, State. or Indian tribal law to carry out, maintain, and operate the works of improvement.”.

    Effective date note
    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.

  7. Pub. L. 99–662 title IX § 929 · 100 Stat. 4082

    Inserted · 16 U.S.C. § 1002

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 929. AGRICULTURAL BENEFITS. Section 2 of the Watershed Protection and Flood Protection Act (68 Stat. 666; 16 U.S.C. 1002) is amended by inserting after the proviso in the paragraph relating to the definition of “works of improvement” the following: “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, must contain benefits directly related to agriculture that account for at least 20 percent of the total benefits of the project.”.

  8. Conservation Program Improvements Act

    Pub. L. 101–624 title XIV § 1461 · 104 Stat. 3359

    1. Substituted · 16 U.S.C. § 1002

      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,”

    2. Inserted · 16 U.S.C. § 1002

      Pub. L. 101–624, which directed amendment of third sentence by inserting “, including rural communities,” after “agriculture”, was executed to third sentence of par. defining “Works of improvement” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 1461. RELATION OF BENEFITS TO AGRICULTURE. The Watershed Protection and Flood Prevention Act of 1954 is amended in the third sentence of section 2 (16 U.S.C. 1002)— (1) by striking “Each such project” and all that follows through “1987,” and inserting “Each project”; and (2) by inserting after “agriculture” the following: “, including rural communities,”.

  9. Pub. L. 103–437 § 6(v) · 108 Stat. 4581

    1. Substituted · 16 U.S.C. § 1002

      Pub. L. 103–437 in concluding provisions relating to definition of “Works of improvement” substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”

    2. Substituted · 16 U.S.C. § 1002

      Pub. L. 103–437 in concluding provisions relating to definition of “Works of improvement” substituted “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”

    Source evidence

    Code amendment note
    Pub. L. 103–437 in concluding provisions relating to definition of “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”.

    Enacted provision · exact public law section
    (v) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended by— (1) striking “Committee on Agriculture and Forestry” and substituting “Committee on Agriculture, Nutrition, and Forestry”; and (2) striking “Committee on Public Works of the Senate and the Committee on Public Works of the House” and substituting “Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House”.

  10. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. A title VII § 761(a) · 132 Stat. 348

    Substituted · 16 U.S.C. § 1002

    Pub. L. 115–141 substituted “$25,000,000” for “$5,000,000” in concluding provisions relating to definition of “Works of improvement”

    Source evidence

    Code amendment note
    Pub. L. 115–141 substituted “$25,000,000” for “$5,000,000” in concluding provisions relating to definition of “Works of improvement”.

    Enacted provision · exact public law section
    (a) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended in the matter following paragraph (3) by striking “$5,000,000” and inserting “$25,000,000”.

10 of 12 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1956–2018 · 10 rounds

2018

Pub. L. 115–141 substituted “$25,000,000” for “$5,000,000” in concluding provisions relating to definition of “Works of improvement”.

1994

Pub. L. 103–437 in concluding provisions relating to definition of “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 ,” 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 , 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 , 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.

Statutory Notes and Related Subsidiaries

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 , 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 , see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of Title 7, Agriculture.

Extension of Benefits to Projects Authorized Before Aug. 7, 1956

Amendment by act , 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.

Executive Documents

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, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective , 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. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Credits

1954–2018 · 11 acts
  1. 1954Aug. 4, 1954, ch. 656, § 2, 68 Stat. 666
  2. 1956Aug. 7, 1956, ch. 1027, § 1(a), 70 Stat. 1088
  3. 1961Pub. L. 87–170, , 75 Stat. 408
  4. 1965Pub. L. 89–337, , 79 Stat. 1300
  5. 1972Pub. L. 92–419, title II, § 201(b), , 86 Stat. 667
  6. 1977Pub. L. 95–113, title XV, § 1506(a), , 91 Stat. 1022
  7. 1981Pub. L. 97–98, title XV, § 1512(a), (b), , 95 Stat. 1332, 1333
  8. 1986Pub. L. 99–662, title IX, § 929, , 100 Stat. 4196
  9. 1990Pub. L. 101–624, title XIV, § 1461, , 104 Stat. 3615
  10. 1994Pub. L. 103–437, § 6(v), , 108 Stat. 4587
  11. 2018Pub. L. 115–141, div. A, title VII, § 761(a), , 132 Stat. 396.
Show as published

(Aug. 4, 1954, ch. 656, § 2, 68 Stat. 666; Aug. 7, 1956, ch. 1027, § 1(a), 70 Stat. 1088; Pub. L. 87–170, , 75 Stat. 408; Pub. L. 89–337, , 79 Stat. 1300; Pub. L. 92–419, title II, § 201(b), , 86 Stat. 667; Pub. L. 95–113, title XV, § 1506(a), , 91 Stat. 1022; Pub. L. 97–98, title XV, § 1512(a), (b), , 95 Stat. 1332, 1333; Pub. L. 99–662, title IX, § 929, , 100 Stat. 4196; Pub. L. 101–624, title XIV, § 1461, , 104 Stat. 3615; Pub. L. 103–437, § 6(v), , 108 Stat. 4587; Pub. L. 115–141, div. A, title VII, § 761(a), , 132 Stat. 396.)

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