400 



1956 — Act. Aug. 7. 1956, substituted In par. (2) pro- 

 visions authorizing the Secretary to prepare plans and 

 estimates required for adequate engineering evaluation 

 for provisions which authorized the Secretary to make 

 et'udles for physical and economic soundneea of plans for 

 works of improvement, added par. (3), and redesignated 

 former pars. (3) and (4) a« (4) and (5). 



Extension or Benefits to Projects Authorized Before 

 AtJO. 7, 1956 

 Amendment of this section by act Aug. 7, 1966, as ap- 

 plicable to all works of Improvement and plans for such 

 works under the provisions of this chapter, see section 

 3 of such act Aug. 7, 1956, set out as a note under section 

 1001 of this title. 



Section Referred to in Other Sections 

 This section Is referred to In sections 1007, 1008 of this 

 title. 



§ 1004. Conditions for Federal assistance. 



The Secretary shall require as a condition to pro- 

 viding 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 assur- 

 ances 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 or- 

 ganization 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: Pro- 

 vided further, That the Secretary shall be au- 

 thorized to participate in recreational develop- 

 ment in any watershed project only to the extent 

 that the need therefor is demonstrated In ac- 

 cordance 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 recre- 

 ational 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 thou- 

 sand and one hundred and fifty thousand acres, 

 or three such developments in projects exceed- 

 ing one hundred and fifty thousand acres: Pro- 

 vided further, That when the Secretary and a 

 local organization have agreed that the Im- 

 mediate acquisition by the local organization of 

 land, easements, or right-of-way is advisable for 

 the preservation of sites for works of improve- 

 ment included in a plan from encroachment by 

 residential, commercial, industrial, or other de- 



velopment, the Secretary shall be authorized to 

 advance to the local organization from funds ap- 

 propriated for construction of works of improve- 

 ment the amounts required for the acquisition of 

 such land, easements or rights-of-way; and, ex- 

 cept where such costs are to be borne by the 

 Secretary, such advance shall be repaid by the 

 local organization, with interest, prior to con- 

 struction of the works of improvement, for credit 

 to such construction funds; 



(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 Fed- 

 eral programs, of the costs of installing any works 

 of improvement, involving Federal assistance (ex- 

 cluding engineering costs), which is applicable to 

 the agricultural phases of the conservation, de- 

 velopment, utilization, and disposal of water or for 

 fish and wildlife development, recreational devel- 

 opment, ground water recharge, water quality 

 management, or the conservation and proper 

 utilization of land; Provided, That works of im- 

 provement for water quality management shall 

 consist primarily of water storage capacity in 

 reservoirs for regulation of streamfiow, 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 stand- 

 ards and regulations adopted by the Water Re- 

 sourced 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 CJovernment and paid for by the 

 Secretary out of funds appropriated for the pur- 

 poses 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 indus- 

 trial water Included in any reservoir structure con- 

 structed or modified under the provisions of this 

 chapter as hereinafter provided : Provided further. 

 That the cost of water storage to meet future de- 

 mands may not exceed 30 per centum of the total 

 estimated cost of such reservoir structure and the 

 local organization shall give reasonable assur- 

 ances, and there is evidence, that such demand^ 

 for the use of such storage will be made within • a 

 period of time which wUl permit repayment within 

 the life of the reservoir structure of the cost of 

 such storage: Provided further. That the Secre- 

 tary shall determine prior to initiation of con- 

 struction 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 reim- 

 bursed the cost of water supply storage for antici- 



