§1962d–16. Comprehensive plans for development, utilization, and conservation of water and related resources

(a) Federal and State cooperation

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.

(b) Fees

(1) Establishment and collection

For the purpose of recovering 50 percent of the total cost of providing assistance pursuant to this section, 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 this section.

(2) In-kind services

Up to ½ of 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; general and State limitation

There is authorized to be appropriated not to exceed $10,000,000 annually to carry out the provisions of this section except that not more than $500,000 shall be expended in any one year in any one State.

(d) "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 .)

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

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.