H.R. 6788 (83rd): An Act to authorize the Secretary of Agriculture to cooperate with States and local agencies in the ...

...planning and carrying out of works of improvement for soil conservation, and for other purposes

83rd Congress, 1953–1954. Text as of Aug 04, 1954 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

666                                         PUBLIC LAW 566-AUG. 4, 1954                    [68 S T A T .

                          Public Law 566                                             C H A P T E R 656
  August 4, 1954                                             AN ACT
   [H. R. 6788]           To authorize the Secretary of Agriculture to cooperate with States and local
                            agencies in the planning and carrying out of works of improvement for soil
                            conservation, and for other purposes.

                              Be it enacted hy the Senate and House of Representatives of the
  Watershed P r o -        United States of America in Congress assemhied, That erosion, flood-
tection and Flood
Prevention Act.           water, and sediment damages in the watersheds of the rivers and
                          streams of the United States, causing loss of life and damage to
                          property, constitute a menace to the national welfare; and that it is
                          the sense of Congress that the Federal Government should cooperate
                          with States and their political subdivisions, soil or water conservation
                          districts, flood prevention or control districts, and other local public
                          agencies for the purpose of preventing such damages and of further-
                          ing the conservation, development, utilization, and disposal of water
                          and thereby of preserving and protecting the Nation's land and water
                          resources.
                             SEC. 2. For the purposes of this Act, the following terms shall
                          mean:
   'Secretary,               The "Secretary"—the Secretary of Agriculture of the United
                          States.
  " W o r k s of im-         "Works of improvement"—any undertaking for—
provement."
                                   (1) flood prevention (including structural and land-treatment
                                measures) or
                                   (2) agricultural phases of the conservation, development, utili-
                                zation, and disposal of w^ater
                          in watershed or subwatershed areas not exceeding two hundred and
                          fifty thousand acres and not including any single structure which pro-
                          vides more than five thousand acre-feet of total capacity. No appro-
                          priation shall be made for any plan for works of improvement which
                          includes any structure which provides more than twenty-five hundred
                          acre-feet of total capacity unless such plan has been approved by reso-
                          lutions adopted by the Committee on Agriculture and Forestry of the
                          Senate and the Committee on Agriculture of the House of Representa-
                          tives, respectively. A number of such subwatersheds w^hen they are
                          component parts of a larger watershed may be planned together when
                          the local sponsoring organizations so desire.
  " L o c a l organi-        "Local organization"—any State, political subdivision thereof, soil
zation."
                          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.
  Assis t a n c e to         SEC. 3. In order to assist local organizations in preparing and
local o r g a n i z a -
tions.                    carrying out plans for works of improvement, the Secretary is author-
  Application.
                          ized, upon application of local organizations if such application has
                          been submitted to, and not disapproved w ithin 45 days by, the State
                          agency having supervisory responsibility over programs provided for
                          in this Act, or by the Governor if there is no State agency having such
                          responsibility—
                                   (1) to conduct such investigations and surveys as may be neces-
                                sary to prepare plans for works of improvement;
                                   (2) to make such studies as may be necessary for determining
                                the physical and economic soundness of plans for works of
                                improvement, including a determination as to whether benefits
                                exceed costs;
                                   (3) to cooperate and enter into agreements with and to furnish
                                financial and other assistance to local organizations; Provided^

68 STAT.] PUBLIC LAW 566-AUG. 4, 1954 667 That, for the land-treatment measures, the Federal assistance shall not exceed the rate of assistance for similar practices under existing national programs; (4) 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 Conditions for F e d e r a l assisl- 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 such proportionate share of the cost of installing any works of improvement involving Federal assistance as may be determined by the Secretary to be equitable in consideration of anticipated benefits from such improvements: Provided^ That no part of the construction cost for providing any capacity in structures for purposes other than flood prevention and features related thereto shall be borne by the Federal Government under the provisions 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 have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improve- ment; and (5) obtain agreements to carry out recommended soil conserva- tion 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. SEC. 5. A t such time as the Secretary and the interested local organ- Wo rk s o f i m - provement. ization have agreed on a plan for works of improvement, and the Installation. 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 Secretary is authorized to assist such local organizations in developing specifications, in preparing contracts for construction, and to partici- pate in the installation of such works of improvement in accordance with the plan: Provided^ That, except as to the installation of works F e d e r a l c on- struction. of imj)rovement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any 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 Act: Provided further^ That, at Submis s i o n of plan, e t c . , to Con- least forty-five days (counting only days occurring during any regular gress. or special sessions of the Congress) before such installation involving Federal assistance is commenced, the Secretary shall transmit a copy of the plan and the justification therefor to the Congress through the President: Provided further^ That any such plan (a) w hich includes Prior s u b m i s - s i o n to Secretary reclamation or irrigation works or which affects public or other lands of Army or Interior. under the jurisdiction of the Secretary of the Interior, or (b) which includes Federal assistance for floodwater detention structures, shall be submitted to the Secretary of the Interior or the Secretary of the Army, respectively, for his views and recommendations at least sixty
PUBLIC LAW 567-AUG. 5, 1954 [68 STAT. days prior to transmission of the plan to the Congress through the President. The views and recommendations of the Secretary of the Interior, and the Secretary of the Army, if received by the Secretary of Agriculture prior to the expiration of the above sixty-day period, shall accompany the plan transmitted by the Secretary of Agriculture to Regulations. the Congress through the President: Provided further^ That, prior to any Federal participation in the works of improvement under this Act, the President shall issue such rules and regulations as he deems necessary or desirable to carry out the purposes of this Act, and to assure the coordination of the work authorized under this Act and related work of other agencies including the Department of the Interior and the Department of the Army. Cooperative pro- SEC. 6. The Secretary is authorized in cooperation with other grams. Federal and with States and local agencies to make investigations and surveys of the watersheds of rivers and other waterways as a basis for the development of coordinated programs. I n areas where the programs of the Secretary of Agriculture may affect public or other lands under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior is authorized to cooperate with the Secre- tary of Agriculture in the planning and development of works or programs for such lands. Repeals. SEC. 7. The provisions of the Act of June 22, 1936 (49 Stat. 1570), 33 u s e 701b. as amended and supplemented, conferring authority upon the Depart- ment of Agriculture under the direction of the Secretary of Agricul- ture to make preliminary examinations and surveys and to prosecute works of improvement for runoff and waterflow retardation and soil erosion prevention on the watersheds of rivers and other waterways Exception. are hereby repealed: Provided^ That (a) the authority of that Depart- ment of Agriculture, under the direction of the Secretary, to prosecute the works of improvement for runoff and waterflow retardation and soil erosion prevention authorized to be carried out by the Department by the Act of December 22, 1944 (58 Stat. 887), as amended, and (b) the authority of the Secretary of Agriculture to undertake emergency measures for runoff retardation and soil erosion prevention author- ized to be carried out by section 7 of the Act of June 28,1938 (52 Stat. 1215), as amended by section 216 of the Act of May 17,1950 (64 Stat. 33 u s e 701b-l. 163), shall not be affected by the provisions of this section. Appropriations. SEC. 8. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, such sums to remain available until expended. Short title. SEC. 9. This Act may be cited as the "Watershed Protection and Flood Prevention Act". Approved August 4, 1954. Public Law 567 CHAPTER 657 August 5, 1954 AN ACT [H. R. 5173] To provide that the excess of collections from the Federal unemployment tax over employment security administrative expenses shall be used to establish and maintain a $200,000,000 reserve in the Federal unemployment account which will be available for advances to the States, to provide that the remain- der of such excess shall be returned to the States, and for other purposes. Be it enacted hy the Senate and House of Representatives of the E mp 1 o y m e n t United States of America in Congress assenribled^ That this Act may Security Adminis- trative Financing Act of 1954. be cited as the "Employment Security Administrative Financing Act of 1954". SEC. 2. So much of title I X of the Social Security Act as precedes 49 Stat. 639. section 904 thereof is hereby amended to read as follows: 42 u s e 1101.