402 



set forth in section 1004 of this title, the local or- 

 ganization may secure engineering and other serv- 

 ices, including the design, preparation of contracts 

 and specifications, awarding of contracts, and suiJer- 

 vision of construction, in connection with such works 

 of improvement, by retaining or employing a pro- 

 fessional engineer or engineers satisfactory to the 

 Secretary or may request the Secretary to provide 

 such services: Provided, That if the local organi- 

 zation elects to employ a professional engineer or 

 engineers, the Secretary shall reimburse the local 

 organization for the costs of such engineering and 

 other services secured by the local organization as 

 are properly chargeable to such works of improve- 

 ment in an amount not to exceed the amount agreed 

 upon in the plan for works of improvement or any 

 modification thereof: Provided further. That the 

 Secretary may advance such amounts as may be 

 necessary to pay for such services, but such advances 

 with respect to any works of improvement shall not 

 exceed 5 per centum of the estimated installation 

 cost of such works. 



(2) Federal construction; request by local organization. 



Except as to the installation of works of improve- 

 ment on Federal lands, the Secretary shall not con- 

 struct or enter into any contract for the construction 

 of any structure: Provided, That, if requested to do 

 so by the local organization, the Secretary may enter 

 into contracts for the construction of structures., 



(3) Transmission of certain plans to Congress. 



Whenever the estimated Federal contribution to 

 the construction cost of works of improvement in 

 the plan for any watershed or subwatershed area 

 shall exceed $250 000 or the works of improvement 

 include any structure having a total capacity in ex- 

 cess of twenty-five hundred acre-feet, the Secretary 

 shall transmit a copy of the plan and the justifica- 

 tion therefor to the Congress through the President. 



(4) Transmission of certain plans and recommenda- 

 tions to Congress. 



Any plans for works of improvement involving an 

 estimated Federal contribution to construction costs 

 in excess of $250,000 or including any structure hav- 

 ing a total capacity in excess of twenty-five hundred 

 acre-feet (a) which includes works of improvement 

 for reclamation or irrigation, or which affects public 

 or other lands or wildlife under the Jurisdiction of 

 the Secretary of the Interior, (b) which includes 

 Federal assistance for goodwater ' detention struc- 

 tures, (c) which includes features which may affect 

 the public health, or (d) which includes measures 

 for control or abatement of water pollution, shall 

 be submitted to the Secretary of the Interior, the 

 Secretary of the Army, the Secretary of Health, Edu- 

 cation, and Welfare, or the Administrator of the En- 

 vironmental Protection Agency, respectively, for his 

 views and recommendations at least thirty days prior 

 to transmission of the plan to the Congress through 

 the President. The views and recommendations of 

 the Secretary of the Interior, the Secretary of the 

 Army, the Secretary of Health, Education, and Wel- 



■ So In original. Probably should read "floodwater" 



fare, and the Administrator of the Environmental 

 Protection Agency, if received by the Secretary prior 

 to the expiration of the above thirty-day period, 

 shall accompany the plan transmitted by the Secre- 

 tary to the Congress through the President. 



(5) Rules and regulations. 



Prior to any Federal participation in the works of 

 improvement under this chapter, the President shall 

 issue such rules and regulations as he deems neces- 

 sary or desirable to carry out the purposes of this 

 chapter, and to assure the coordination of the work 

 authorized under this chapter and related work of 

 other agencies, including the Department of the 

 Interior and the Department of the Army. (Aug. 4, 

 1954, ch. 656, § 5, 68 Stat. 667; July 19. 1956, ch. 639. 

 70 Stat. 580: Aug. 7, 1956, ch. 1027, § 1(f), 70 Stat. 

 1089; Sept. 27, 1962, Pub. L. 87-703, title I, § 105. 76 

 Stat. 609; June 27, 1968, Pub. L. 90-361, 82 Stat. 

 250.) 



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

 § 201(g), 86 Stat. 669.) 



Amendments 



1972 — Subd. (4) . Pub. L. 92-419 substituted In Item (a) 

 "works of Improvement for reclamation or Irrigation" 

 for "reclamation or Irrigation works ", In Item (b) "good- 

 water" for "floodwater", added Items (c) and (d), 

 required submission of plans to Secretary of Health, Edu- 

 cation, and Welfare, or the Administrator of the Envi- 

 ronmental Protection Agency and transmittal of views 

 and recommendations of such officials to the Congress. 



1968 — Subd. (2) . Pub. L. 90-361 added proviso authoriz- 

 ing the Secretary to enter Into contracts for the con- 

 struction of structures If requested to do so by the local 

 organization. 



1962 — Subd. (1). Pub. L 87-703 designated existing 

 provisions as subd. (1): substituted "local organization 

 may secure" for "local organization with such assistance 

 as It may request from the Secretary, which assistance 

 the Secretary is authorized to give, shall secure" and 

 "by retaining or employing a professional engineer or 

 engineers satisfactory to the Secretary or may request the 

 Secretary to provide s ica services" for "and In order to 

 properly carry out such services In i-uch projects as to 

 such structures therein providing for municipal or In- 

 dustrial water supplies, the local organization shall, and 

 In such projects not providing for municipal or Industrial 

 water supplies, the local organization may. retain or 

 employ a professional engineer or engineers satisfactory 

 to the Secretary"; eliminated ". except that If the local 

 organization decides not to retain or employ a professional 

 engineer or If the Secretary determines that competent 

 engineering services are not available he may contract 

 for a competent engineer to provide such services or 

 arrange for employees of the Federal Government to pro- 

 vide such services" following "chargeable to such works 

 of Improvement"; provided for reimbursement for other 

 services; and required the reimbursement not to exceed' 

 the amount agreed upon in the plan for works of Improve- 

 ment or any modification thereof, 



Subd. (2). Pub. L 87-703 designated existing pro- 

 visions as subd (2) ; and eliminated following "structure" 

 "unless there is no local organization authorized by State 

 law to undertake such construction or to enter Into such 

 contract, and In no event after July 1. 1956: Provided, 

 That In participating in the Installation of such works 

 of improvement the Secretary, as far as practicable and 

 consistent with his responsibilities for administering the 

 overall national agricultural program, shall utilize the 

 authority conferred upon him by the provisions of this 

 chapter." 



Subds. (3) — (5). Pub. L. 87-703 designated existing 

 provisions as subds. (3) — (5) and made phraseological 

 changes. 



1956 — Act Aug. 7, 1956. required local organization to 



