399 



thereof, or any other agency having authority un- 

 der State law to carry out, maintain and operate the 

 works of Improvement: or any irrigation or reser- 

 voir company, water users' association, or similar 

 organization having such authority and not being 

 operated for profit that may be approved by the 

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

 Aug. 7, 1956, ch. 1027, § 1(a), 70 Stat. 1088; Aug. 30, 

 1961, Pub. L. 87-170, 75 Stat. 408; Nov. 8. 1965, Pub. 

 L. 89-337, 79 Stat. 1300.) 



(As amended Aug. 30, 1972, Pub. L. 92-419, title 

 II, § 201(b), 86 Stat. 667.) 



Amendments 

 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 flood- 

 water detention capacity". 



1961 — Pub. L. 87-170 Included Irrigation or reservoir 

 companies, water users' associations and similar organi- 

 zations not operated for profit in the definition of local 

 organization. 



1956 — Act Aug. 7, 1956, eliminated provisions which 

 limited works of Improvement to agriculture phases of 

 conservation, development, utilization, and disposal of 

 water. Increased the limits of total ca,paclty t>f any single 

 structure from 5,000 acre-feet to 25,000 acre-feet, ex- 

 cluded single structures which provide more than 5,000 

 acre-feet of floodwater detention capacity, required ap- 

 proval of plans Involving an estimated Federal contribu- 

 tion to construction costs of more than $250,000, and 

 specified the Congressional oonunlttees that must approve 

 the plans where structures are under and over 4,000 acre- 

 feet of tota.1 capacity. 



§ 1003. Assistance to local organizations. 



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 pro- 

 grams provided for in this chapter, or by the Gov- 

 ernor 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 pur- 

 poses of this section ; 



(6) to enter into agreements with landowners, 

 operators, and occupiers, individually or collec- 

 tively, based on conservation plans of such land- 



owners, operators, and occupiers which are de- 

 veloped 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 crop- 

 ping systems and land uses and for the installa- 

 tion 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 for as- 

 sistance 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, oper- 

 ators, 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 appro- 

 priate and in the public interest. The portion of 

 such costs, including labor, to be shared shall be 

 that part which the Secretary determines is ap- 

 propriate 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 de- 

 termines that such termination would be in the 

 public interest, and may agree to such modifica- 

 tions of agreements, previously entered into here- 

 under, as he deems desirable to catry out the 

 purposes of this paragraph or to facilitate the 

 practical administration of the agreements pro- 

 vided for herein. Notwithstanding any other pro- 

 vision 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. 

 (As amended Aug. 30, 1972, Pub. L. 92-419, title H, 

 § 201(c). 86 Stat. 667.) 



References in Text 

 Section 13 of Act Dec. 22, 1944 (58 Stat. 887) , as amended 

 and supplemented, referred to In par. (6), and part of 

 provisions popularly known as Flood Control Act of 

 1944, was not classified to the Code. 



Amendments 

 1972— Par (6). Pub. L. 92-419 added par. (6). 



