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U.S. Code as of:
01/19/04
Section 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.
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