401 



pated future demands, and that the local organi- 

 zation 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 reimburse- 

 ment 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 stor- 

 age 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 ac- 

 cordance 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 ac- 

 cordance with regulations presented by the Secre- 

 tary of Agriculture ; 



(4) acquire, or provide assurance that land- 

 owners 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 recom- 

 mended soil conservation measures and proper 

 farm plans from owners of not less than 50 per 

 centum of the lands 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. 



(Aug. 4, 1954, ch. 656, § 4, 68 Stat. 667; Aug. 7, 1956, 

 ch. 1027. § 1 (c— e), 70 Stat. 1088; Sept. 2, 1958, Pub. 

 L. 85-865, § 1, 72 Stat. 1605; June 29, 1960, Pub. L. 

 86-545, 74 Stat. 254; Sept. 27, 1962, Pub. L. 87-703, 

 title I, §§ 103, 104, 76 Stat. 608.) 

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

 5 201(d)-(f), 86 Stat. 668.) 



Amendments 



1972— Par. (1). Pub. L. 92-419, § 201(d). Inserted after 

 "without cost to the Federal Government" the words 

 "from funds appropriated for the purposes of this 

 chapter". 



Par. (2) (A). Pub. L. 92-419. § 201(e), substituted "fish 

 and wildlife development, recreational development, 

 ground water recharge, water quality management, or the 

 conservation and proper utilization of land", for "fl^h 

 and wildlife or recreational development" and added water 

 quality management proviso. 



Par. (2)(B). Pub. L. 92-419, 5 201(f), In revising the 

 text and making changes In phraseology, authorized pay- 

 ment for water storage for present demands. Inserted at 

 end of first proviso "as hereinafter provided", substituted 

 provisions respecting Secretary's determination of ade- 

 quate assurances by the local agency 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, for 

 provisions respecting the giving of reasonable assurances 

 by the local organization of repayment of cost of such 

 water supply storage for anticipated future demands, and 

 substituted permissive provisions for repayment of cost 

 for anticipated future demands within life of the reser- 

 voir structure for former mandatory provisions. 



1962— Par. (1). Pub. L. 87-703, 5 103(1), added pro- 

 visos respecting cost sharing, participation, number of 

 recreational developments and advances of funds. 



Par. (2) (A). Pub. L. 87-703, 5 103(2). substituted 

 "national needs and assistance authorized for similar 

 purposes under other Federal programs" for "the direct 

 Identifiable benefits" and Inserted "(excluding engineer- 

 ing costs)" following "Federal assistance" and "or recre- 

 ational" preceding "development." 



Par. (2)(B). Pub. L. 87-703, 5 1(H. added provisos 

 respecting water storage payments and limitation on 

 amount of such payments, repayment agreements and 

 period of time for repayment and provisions for com- 

 mencement of repayment. Interest-free period and rate 

 of Interest. 



1960— Par. (1). Pub. L. 86-545 Inserted provisions 

 requiring local organizations to provide assurances with 

 respect to Interests In land to be acquired by condemna- 

 tion. 



1958 — Par. (2) (A). Pub. L. 86-865 inserted after "and 

 disposal of water" the words "or for fish and wildlife de- 

 velopment". 



1956 — Par. 2. Act Aug 7. 1956, 5 1 (c). required local 

 organizations to assume a proportionate share of costs 

 applicable to agricultural water management In consider- 

 ation of the direct Identifiable benefits, and all the cost* 

 of works applicable to other purposes, and provided that 

 the Federal Government shall bear the entire construc- 

 tion costs for flood prevention. 



Par. (4). Act Aug 7, 1956, 5 1 (d). Inserted "or water 

 users", following "landowners". 

 Par. (6). Act Aug. 7, 1958, 5 1 (e), added par. (6). 



EmccnvE Date op 1958 Amendment 

 Section 2 of Pub. L. 85-865 provided that: "The Secre- 

 tary of Agriculture shall not furnish or agree to furnish 

 financial assistance to local organizations for the Institu- 

 tion of works of Improvement for fish and wildlife 

 development pursuant to the authority of this Act 

 (amending par. (2) (A) of this section) prior to July 1, 

 1958." 



Extension of Benettts to Projects Authorized BsroRa 

 Aug. 7, 1956 

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

 plicable to all works of Improvement and plans for sucb 

 works under the provisions of this chapter, see section 

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

 1001 of this Utie. 



Section Rcterred to in Other Sections 

 This section Is referred to in section 1005 of this title. 



Retekences in Text 

 This chaptter. referred to In text, was In the orlglna.!. 

 "this Act", meaning Act Aug. 4, 1954. which Is classified 

 to this chapter and section 701b of Title 33, Navigation 

 and Navigable Waters. 



§ 1005. Works of improvement. 



(1) Engineering and other services; reimbursement; 

 advances. 



At such time as the Secretary and the interested 

 local organization have agreed on a plan for works 

 of improvement, and the Secretary has determined 

 that the benefits exceed the costs, and the local or- 

 ganization has met the requirements for participa- 

 tion in carrying out the works of improvement as 



