42-U.S.C.-1962D-16
§1962D-16 – §1962D-16. Comprehensive Plans For Development, Utilization, and Conservation of Water and Related Resources
Pathway
Title 42 > Chapter 19B > Subchapter IV > Section 1962d-16
Details
- Reference: Section 1962d-16
- Legend: §1962D-16 – §1962D-16. Comprehensive Plans For Development, Utilization, and Conservation of Water and Related Resources
- USCode Year: 2011
Provision Content
(a) Federal State cooperation
(1) Comprehensive plans
The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.
(2) Technical assistance
(A) In general
At the request of a governmental agency or non-Federal interest, the Secretary may provide, at Federal expense, technical assistance to such agency or non-Federal interest in managing water resources.
(B) Types of assistance
Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses.
(b) Fees
(1) Establishment and collection
For the purpose of recovering 50 percent of the total cost of providing assistance pursuant to subsection (a)(1), the Secretary of the Army is authorized to establish appropriate fees, as determined by the Secretary, and to collect such fees from States and other non-Federal public bodies to whom assistance is provided under subsection (a)(1).
(2) In-kind services
The non-Federal contribution for preparation of a plan subject to the cost sharing program under this subsection may be made by the provision of services, materials, supplies, or other in-kind services necessary to prepare the plan.
(3) Deposit and use
Fees collected under this subsection shall be deposited into the account in the Treasury of the United States entitled, “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out this section.
(c) Authorization of appropriations
(1) Federal and State cooperation
There is authorized to be appropriated not to exceed $10,000,000 annually to carry out subsection (a)(1), except that not more than $2,000,000 shall be expended in any one year in any one State.
(2) Technical assistance
There is authorized to be appropriated $5,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations to provide assistance to rural and small communities.
(d) Annual submission of proposed activities
Concurrent with the Presidents submission to Congress of the Presidents request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under subsection (a)(1) for that fiscal year.
(e) “State” defined
For the purposes of this section, the term “State” means the several States of the United States, Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.
(Pub. L. 93–251, title I, §22, Mar. 7, 1974, 88 Stat. 20; Pub. L. 94–587, §168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96–597, title VI, §605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99–662, title IX, §921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101–640, title III, §319, Nov. 28, 1990, 104 Stat. 4642; Pub. L. 102–580, title II, §208, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 104–303, title II, §221, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 110–114, title II, §2013, Nov. 8, 2007, 121 Stat. 1075.)
Codification
Section was enacted as part of the Water Resources Development Act of 1974, and not as part of the Water Resources Planning Act which comprises this chapter.
Amendments
2007—Subsec. (a). Pub. L. 110–114, §2013(1), (2), designated existing provisions as par. (1), inserted headings for subsec. (a) and par. (1), and added par. (2).
Subsec. (b)(1). Pub. L. 110–114, §2013(3), substituted “subsection (a)(1)” for “this section” in two places.
Subsec. (b)(2). Pub. L. 110–114, §2013(4), substituted “The” for “Up to ½ of the”.
Subsec. (c). Pub. L. 110–114, §2013(5)–(7), designated existing provisions as par. (1), inserted headings for subsec. (c) and par. (1), substituted “subsection (a)(1),” for “the provisions of this section” and “$2,000,000” for “$500,000” in par. (1), and added par. (2).
Subsecs. (d), (e). Pub. L. 110–114, §2013(8), (9), added subsec. (d) and redesignated former subsec. (d) as (e).
1996—Subsec. (a). Pub. L. 104–303, §221(1), inserted “, watersheds, or ecosystems” after “basins”.
Subsec. (b)(2) to (4). Pub. L. 104–303, §221(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out heading and text of former par. (2). Text read as follows: “The Secretary shall phase in the cost sharing program under this subsection by recovering—
“(A) approximately 10 percent of the total cost of providing assistance in fiscal year 1991;
“(B) approximately 30 percent of the total cost in fiscal year 1992; and
“(C) approximately 50 percent of the total cost in fiscal year 1993 and each succeeding fiscal year.”
Subsec. (c). Pub. L. 104–303, §221(3), substituted “$10,000,000” for “$6,000,000” and “$500,000” for “$300,000”.
1992—Subsec. (b)(3), (4). Pub. L. 102–580, §208(1), added par. (3) and redesignated former par. (3) as (4).
Subsec. (d). Pub. L. 102–580, §208(2), inserted “Indian tribes,” after “States of the United States,”.
1990—Subsecs. (b) to (d). Pub. L. 101–640 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1986—Subsec. (b). Pub. L. 99–662 substituted “$6,000,000” for “$4,000,000” and “$300,000” for “$200,000”.
1980—Subsec. (c). Pub. L. 96–597 added subsec. (c).
1976—Subsec. (b). Pub. L. 94–587 increased limitation on annual appropriation authorization to $4,000,000 from $2,000,000.
Effective Date of 1980 Amendment
Section 605 of Pub. L. 96–597 provided that the amendment made by that section is effective Oct. 1, 1981.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-1962D-11B in the Legal Encyclopedia: Waters
In this entry about 42-U.S.C.-1962D-11B, find legal reference material, bibliographies and premiere content related to waters in the American Encyclopedia of Law, presenting a comprehensive view of the United States waters-specific issues, written by authorities in the field.
42-U.S.C.-1962D in the Legal Encyclopedia: Planning
In this entry about 42-U.S.C.-1962D, find legal reference material, bibliographies and premiere content related to planning in the American Encyclopedia of Law, presenting a comprehensive view of the United States planning-specific issues, written by authorities in the field.
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