16 U.S.C. § 1002

Definitions

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For the purposes of this chapter, the following terms shall mean:

The “Secretary”—the Secretary of Agriculture of the United States.

“Works of improvement”—any undertaking for—

(1) flood prevention (including structural and land treatment measures),

(2) the conservation, development, utilization, and disposal of water, or

(3) the conservation and proper utilization of land,

in watershed or subwatershed area not exceeding two hundred and fifty thousand acres and not including any single structure which provides more than twelve thousand five hundred acre-feet of floodwater detention capacity, and more than twenty-five thousand acre-feet of total capacity. No appropriation shall be made for any plan involving an estimated Federal contribution to construction costs in excess of $25,000,000, or which includes any structure which provides more than twenty-five hundred acre-feet of total capacity unless such plan has been approved by resolutions adopted by the appropriate committees of the Senate and House of Representatives: Provided, That in the case of any plan involving no single structure providing more than 4,000 acre-feet of total capacity the appropriate committees shall be the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and in the case of any plan involving any single structure of more than 4,000 acre-feet of total capacity the appropriate committees shall be the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives, respectively. Each project must contain benefits directly related to agriculture, including rural communities, that account for at least 20 percent of the total benefits of the project. A number of such subwatersheds when they are component parts of a larger watershed may be planned together when the local sponsoring organizations so desire.

“Local organization”—any State, political subdivision thereof, soil or water conservation district, flood prevention or control district, or combinations thereof, or any other agency having authority under State law to carry out, maintain and operate the works of improvement; or any irrigation or reservoir company, water users’ association, or similar organization having such authority and not being operated for profit that may be approved by the Secretary; or any Indian tribe or tribal organization, as defined in section 5304 of title 25, having authority under Federal, State, or Indian tribal law to carry out, maintain, and operate the works of improvement.

Notes of Decisions

Cited in 3 cases, 1969–1976 · leading case: Concerned Residents of Buck Hill Falls, by Its Tr. Ad Litem v. Kenneth Grant, as Adm'r, 537 F.2d 29 (3rd Cir. 1976).

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Concerned Residents of Buck Hill Falls, by Its Tr. Ad Litem v. Kenneth Grant, as Adm'r, 537 F.2d 29 (3rd Cir. 1976). · cites it 3× “See 16 U.S.C. §§ 1002 , 1005(3). Due primarily to Monroe County’s failure to acquire certain rights of way from the Buck Hill Falls Co.”

Concerned Residents of Buck Hill Falls v. Grant, 388 F. Supp. 394 (M.D. Penn. 1975). “16 U.S. C. § 1002. The Act also authorizes the Secretary of Agriculture, upon approval by the local sponsoring agencies, “to make allocations of costs to the various purposes [of the project] to show the basis of such allocations and to determine whether benefits exceed costs;”…”

Constitutionality of \No Appropriation\" Clause in the Watershed Prot. & Flood Prevention Act" (OLC 1969). “§ 2 (as amended, codified at 16 U.S.C. § 1002 (2)). President Johnson submit- ted a bill to Congress to repeal this section and to substitute a provision requiring the Executive to report projects to the committees 30 days before work could be begun.”

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