16 U.S.C. § 1003 — Assistance to local organizations
submitted 72 years ago by ch. 656 to r/title-16-CONSERVATION · 684 words · no verdicts yet
After the required State-level application review, the Secretary may help local organizations plan and carry out improvement works. The help can include studies, engineering, cost allocation, agreements, assistance, and conservation agreements lasting up to 10 years; the Secretary may waive a watershed plan under two conditions.
(a) In general. To help local organizations prepare and carry out plans for works of improvement, the Secretary may act after a local organization applies and the State agency responsible for supervising programs under this chapter has received the application and has not disapproved it within 45 days. If there is no such State agency, the application must be submitted to the Governor, who must not disapprove it within 45 days. The Secretary may—(1) conduct needed investigations and surveys to prepare plans; (2) prepare plans and estimates needed for adequate engineering evaluation; (3) assign costs among the different purposes, show the basis for the assignments, and decide whether benefits exceed costs; (4) cooperate and make agreements with local organizations and provide them financial and other help. For land-treatment measures, Federal help may not exceed the assistance rate for similar practices under existing national programs; (5) obtain help and cooperation from other Federal agencies; and (6) make agreements with landowners, operators, and occupants, individually or together, based on their conservation plans. The plans must be developed with and approved by the soil and water conservation district where the land lies. The agreements may last no more than 10 years and may require changed crop systems and land uses and installation of soil and water conservation practices and measures needed to conserve and develop soil, water, woodland, wildlife, energy, and recreation resources and improve water quality on land covered by the improvement plans. This includes watershed or subwatershed work plans connected with the 11 watershed-improvement programs authorized by section 13 of the Act of December 22, 1944, as amended and supplemented.
Applications for help developing conservation plans must be in writing to the relevant soil and water conservation district, and that district must review the proposed agreement. In exchange for a landowner’s, operator’s, or occupant’s agreement, the Secretary must agree to share the costs of the practices and measures in the agreement that the Secretary decides should receive cost sharing and are in the public interest. The Secretary decides what share of those costs, including labor, is appropriate and in the public interest, but Federal assistance may not exceed the rate for similar practices and measures under existing national programs. The Secretary may end an agreement by mutual agreement if doing so is in the public interest. The Secretary may also agree to changes to earlier agreements that the Secretary considers desirable to carry out this paragraph or to make the agreements practical to administer.
Despite any other law, an agreement may, to the extent the Secretary considers desirable to carry out this paragraph, provide for—(1) preserving, during the agreement and for an equal period afterward, the cropland, crop acreage, and allotment history for the covered land, for use in a Federal program that uses that history to allot or otherwise limit production of a crop; or (2) giving up that history and those allotments.
(b) Waiver. The Secretary may waive the watershed plan for the works of improvement if the Secretary decides that—(1) the watershed plan is unnecessary or duplicates another plan; and (2) the works otherwise meet the applicable requirements under section 1004 of this title.
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—
to conduct such investigations and surveys as may be necessary to prepare plans for works of improvement;
to prepare plans and estimates required for adequate engineering evaluation;
to make allocations of costs to the various purposes to show the basis of such allocations and to determine whether benefits exceed costs;
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;
to obtain the cooperation and assistance of other Federal agencies in carrying out the purposes of this section;
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.
The Secretary may waive the watershed plan for works of improvement if the Secretary determines that—
the watershed plan is unnecessary or duplicative; and
the works of improvement are otherwise consistent with applicable requirements under section 1004 of this title.
Source credit: (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), Aug. 30, 1972, 86 Stat. 667; Pub. L. 97–98, title XV, § 1512(c), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 101–624, title XIV, § 1464, Nov. 28, 1990, 104 Stat. 3616; Pub. L. 115–334, title II, § 2401(a), Dec. 20, 2018, 132 Stat. 4570.)
- 1954Enacted · Act of Aug. 4, 1954, ch. 656 · 68 Stat. 666
- 1956Amended · Act of Aug. 7, 1956, ch. 1027 · 70 Stat. 1088
- 1972Amended · Pub. L. 92-419 · 86 Stat. 667
- 1981Amended · Pub. L. 97-98 · 95 Stat. 1333
- 1990Amended · Pub. L. 101-624 · 104 Stat. 3616
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4570
A history note hasn’t been published yet. The record shows enactment by ch. 656 on 1954-08-04.
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