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Title 16 — Conservation

Chapter 18 — Watershed Protection and Flood Prevention

§ 1003. Assistance to local organizations

Statutory text

(a)

In general

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.

(b)

Waiver

The Secretary may waive the watershed plan for works of improvement if the Secretary determines that—

(1)

the watershed plan is unnecessary or duplicative; and

(2)

the works of improvement are otherwise consistent with applicable requirements under section 1004 of this title.

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 § 3 · 68 Stat. 792

    Enacted · 16 U.S.C. § 1003

    Aug. 4, 1954, ch. 656, § 3, 68 Stat. 666

    Source evidence

    Code source credit
    Aug. 4, 1954, ch. 656, § 3, 68 Stat. 666

    Enacted provision · exact public law section
    Sec. 3. Section 16 of the Federal Credit Union Act, as amended (U. S. C., 1952 edition, title 12, sec. 1766), is further amended by adding at the end thereof a new subsection as follows: The Director of the Bureau of Federal Credit Unions is authorized, empowered, and directed to require that every person appointed or elected by any Federal credit union to any position requiring the receipt, payment or custody of money or other personal property owned by a Federal credit union or in its custody or control as collateral or otherwise, to give bond in a corporate surety company holding a certificate of authority from the Secretary of the Treasury under the Act of Congress approved July 30, 1947 (6 U. S. C., secs. 61 Stat. 646. 6–13), as an acceptable surety on Federal bonds. Any such bond or bonds shall be in a form approved by the Director with a view to pro-viding surety coverage to the Federal credit union with reference to loss by reason of acts of fraud or dishonesty including forgery, theft, embezzlement, wrongful abstraction or misapplication on the part of the person, directly or through connivance with others, and such other surety coverages as the Director may determine to be reasonably appropriate or as elsewhere required by this chapter. Any such bond or bonds shall be in an amount in relation to the money or other personal property involved or in relation to the assets of the Federal credit union as the Director may from time to time prescribe by regulation for the purpose of requiring reasonable coverage. In lieu of individual bonds the Director may approve the use of a form of schedule or blanket bond which covers all of the officers and employees of a Federal credit union whose duties include the receipt, payment, or custody of money or other personal property for or on behalf of the Federal credit union. The Director may also approve the use of a form of excess coverage bond whereby a Federal credit union may obtain an amount of coverage in excess of the basic surety coverage.”

  2. Public Law not identified

    1. Substituted · 16 U.S.C. § 1003(2)(6)

      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

    2. Added · 16 U.S.C. § 1003(2)(6)

      Pars. (2) to (6). Act Aug. 7, 1956, added par. (3)

    3. Redesignated · 16 U.S.C. § 1003(2)(6)

      Pars. (2) to (6). Act Aug. 7, 1956, redesignated former pars. (3) and (4) as (4) and (5), respectively

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

  3. Rural Development Act of 1972

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

    Added · 16 U.S.C. § 1003(6)

    Pub. L. 92–419 added par. (6)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 92–419 added par. (6).

    Enacted provision · exact public law section
    (c) Section 3 is amended by changing the period at the end of 16 USC 1003. paragraph (5) to a semicolon and adding the following: (6) to enter into agreements with landowners, operators, and occupiers, Conservation projects, long-term agreements. 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, and recreation resources 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 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 Federal cost sharing. 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.”

  4. Agriculture and Food Act of 1981

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

    Inserted · 16 U.S.C. § 1003(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Section 3(6) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003(6)) is amended by inserting “energy,” after “wildlife,”.

    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.

  5. Conservation Program Improvements Act

    Pub. L. 101–624 title XIV § 1464 · 104 Stat. 3359

    Inserted · 16 U.S.C. § 1003(6)

    Pub. L. 101–624 inserted “and enhance the water quality of” after “recreation resources of”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 101–624 inserted “and enhance the water quality of” after “recreation resources of”.

    Enacted provision · exact public law section
    SEC. 1464. AMENDMENT TO THE WATERSHED PROTECTION AND FLOOD PREVENTION ACT. Section 3(6) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003(6)) is amended by inserting “and enhance the water quality of” after “recreation resources of”.

  6. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title II § 2401(a) · 132 Stat. 4490

    1. Inserted · 16 U.S.C. § 1003

      Pub. L. 115–334 inserted section catchline

    2. Amended · 16 U.S.C. § 1003

      Pub. L. 115–334 designated existing provisions as subsec. (a)

    3. Inserted · 16 U.S.C. § 1003

      Pub. L. 115–334 inserted heading

    4. Added · 16 U.S.C. § 1003

      Pub. L. 115–334 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 115–334 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (a) Assistance to Local Organizations.— Section 3 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is amended— (1) by striking the section designation and all that follows through “In order to assist” and inserting the following: “SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS. “(a) In General.— In order to assist” ; and (2) by adding at the end the following: “(b) Waiver.— The Secretary may waive the watershed plan for works of improvement if the Secretary determines that— “(1) the watershed plan is unnecessary or duplicative; and “(2) the works of improvement are otherwise consistent with applicable requirements under section 4.” .

8 of 11 references resolved to an enrolled provision · 3 unresolved

Editorial Notes

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.

Amendments1956–2018 · 5 rounds

2018

Pub. L. 115–334 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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 , 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.

Statutory Notes and Related Subsidiaries

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.

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

Amendment by act , 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.

Executive Documents

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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1002 of this title.

Credits

1954–2018 · 6 acts
  1. 1954Aug. 4, 1954, ch. 656, § 3, 68 Stat. 666
  2. 1956Aug. 7, 1956, ch. 1027, § 1(b), 70 Stat. 1088
  3. 1972Pub. L. 92–419, title II, § 201(c), , 86 Stat. 667
  4. 1981Pub. L. 97–98, title XV, § 1512(c), , 95 Stat. 1333
  5. 1990Pub. L. 101–624, title XIV, § 1464, , 104 Stat. 3616
  6. 2018Pub. L. 115–334, title II, § 2401(a), , 132 Stat. 4570.
Show as published

(Aug. 4, 1954, ch. 656, § 3, 68 Stat. 666; Aug. 7, 1956, ch. 1027, § 1(b), 70 Stat. 1088; Pub. L. 92–419, title II, § 201(c), , 86 Stat. 667; Pub. L. 97–98, title XV, § 1512(c), , 95 Stat. 1333; Pub. L. 101–624, title XIV, § 1464, , 104 Stat. 3616; Pub. L. 115–334, title II, § 2401(a), , 132 Stat. 4570.)

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