Watershed Protection and Flood Prevention Act, as Amended: An Act

• Description: S.C.S. - P.L. 566 General Info and Correspondence
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 1/1/3000
• Title: Watershed Protection and Flood Prevention Act, as Amended: An Act
• Water Supply Pro - Doc Type: Legislation

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(2) to prepare plans and estimates required for adequate engineering evaluation;
(3) to make allocations of costs to the various purposes to show the basis of
such allocations and to determine Whether benefits exceed costs;
(4) to cooperate and enter into agreements With and to furnish financial and
other assistance to local organizations: Provided, That, for the land- treatment
measures, the Federal assistance shall not exceed the rate of assistance for similar
practices under existing national programs;
(5) to obtain the cooperation and assistance of other Federal agencies in
carrying out the purposes of this section.
SEC. 4. The Secretary shall require as a condition to providing Federal assistance
for the installation of works of improvement that local organizations shall--
(1) acquire Without cost to the Federal Government such land, easements, or
rights -of -Way as will be needed in connection With works of improvement installed
With Federal assistance;
(2) assume (A) such proportionate share, as is determined by the Secretary to
be equitable in consideration of the direct identifiable benefits, of the costs of
installing any Works of improvement, involving Federal assistance, which is applica-
bls to the agricultural phases of the conservation, development, utilization, and
disposal of Water or for fish and Wildlife development, 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 pre-
vention and features relating thereto shall be borne by the Federal Government and
paid for by the Secretary out of funds appropriated for the purposes of this Act;
(3) make arrangements satisfactory to the Secretary for defraying costs of
operating and maintaining such works of improvement, in accordance with regulations
presented by the Secretary of Agriculture;
(4) acquire, or provide assurance that landowners or water users have acgruired,
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 recommended 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 8.
SEC. 5. 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 organization has met the requirements for
participation in carrying out the works of improvement as set forth in section 4, the
local organization with such assistance as it may request from the Secretary, which
assistance the Secretary is hereby authorized to give, shall secure engineering and
other services, including the design, preparation of contracts and specifications,
awarding of contracts, and supervision of construction, in connection with such works
of improvement, and in order to properly carry out such services in such projects as
to such structures therein providing for municipal or industrial water supplies, the
local organization shall, and in such projects not providing for municipal or indus-
trial water supplies, the local organization may, retain or employ a professional
engineer or engineers satisfactory to the Secretary, and the Secretary shall reimburse
the local organization for the cost it may incur for the services of such engineer or
engineers as is properly chargeable to such works of improvement, 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 con-
tract for a competent engineer to provide such services or arrange for employees of
the Federal Government to provide such services: Provided, That at the request of the