Sec. 9. Conditions for Federal assistance
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The Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 6 (as redesignated by section 7(b)) the following: The Secretary shall require, as a condition of providing Federal assistance for the installation of a work of improvement, that a local organization sponsoring the work of improvement shall— acquire, or, with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the Secretary that they will acquire, without cost to the Federal Government from funds appropriated for the purposes of this Act (except as provided in subsection (b)), such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance; 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; acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to State law, as may be needed in the installation and operation of the work of improvement; obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 percent of the land situated in the drainage area above each retention reservoir to be installed with Federal assistance; and submit a plan of repayment satisfactory to the Secretary for any loan or advancement made under section 12.
If a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall not bear more than 50 percent of the costs of— the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area; and minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes.
The Secretary may participate in recreational development in any watershed project under subparagraph
(A)only to the extent that the need for the recreational development is demonstrated in accordance with standards established by the Secretary— taking into account the anticipated man-days of use of the projected recreational development; and giving consideration to the availability within the region of existing water-based outdoor recreational developments. The Secretary may participate in— not more than 1 recreational development in a watershed project containing less than 75,000 acres; not more than 2 recreational developments in a watershed project containing— not less than 75,000 acres; and not more than 150,000 acres; or not more than 3 recreational developments in a watershed project containing more than 150,000 acres. If the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development— the Secretary may advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements, or rights-of-way; and except where such costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds. The Secretary may bear an amount not to exceed 50 percent of the costs of the land, easements, or rights-of-way acquired or to be acquired by a local organization for mitigation of fish and wildlife habitat losses. An acquisition under subparagraph
(A)shall not be limited to the confines of the watershed project boundaries. The Secretary shall require, as a condition of providing Federal assistance for the installation of works of improvement, that— the cost of water storage to meet future demands may not exceed 30 percent of the total estimated cost of the reservoir structure; and the local organization shall give reasonable assurances, and provide evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage. The Secretary shall determine prior to initiation of construction or modification of any reservoir structure including water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that— the Secretary will be reimbursed the cost of water supply storage for anticipated future demands; and the local organization will pay not less than 50 percent of the cost of storage for present water supply demands. The cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed 50 years after the reservoir structure is first used for the storage of water for anticipated future water supply demands, except that— no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used; and no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed 10 years. The interest rate used for purposes of computing the interest on the unpaid balance under subparagraph (A)(ii) shall be determined in accordance with section 12. Nothing in this Act shall be construed to supersede or in any manner affect or conflict with State water law, Federal water law, interstate compacts, or treaty obligations. .
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Sec. 9
Conditions for Federal assistance
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