§ 1005. Works of improvement

4,186 words·~19 min read·/usc/title-16/section-1005

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(1)Engineering and other services; reimbursement; advances 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 1004 of this title, the local organization may 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, by retaining or employing a professional engineer or engineers satisfactory to the Secretary or may request the Secretary to provide such services: Provided, That if the local organization elects to employ a professional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering and other services secured by the local organization as are properly chargeable to such works of improvement in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof: Provided further, That the Secretary may advance such amounts as may be necessary to pay for such services, but such advances with respect to any works of improvement shall not exceed 5 per centum of the estimated installation cost of such works.

(2)Federal construction; request by local organization Except as to the installation of works of improvement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any structure: Provided, That, if requested to do so by the local organization, the Secretary may enter into contracts for the construction of structures.

(3)Transmission of certain plans to Congress Whenever the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area shall exceed $25,000,000 or the works of improvement include any structure having a total capacity in excess of twenty-five hundred acre-feet, the Secretary shall transmit a copy of the plan and the justification therefor to the Congress through the President.

(4)Transmission of certain plans and recommendations to Congress Any plans for works of improvement involving an estimated Federal contribution to construction costs in excess of $25,000,000 or including any structure having a total capacity in excess of twenty-five hundred acre-feet

(a)which includes works of improvement for reclamation or irrigation, or which affects public or other lands or wildlife under the jurisdiction of the Secretary of the Interior,

(b)which includes Federal assistance for floodwater detention structures,

(c)which includes features which may affect the public health, or

(d)which includes measures for control or abatement of water pollution, shall be submitted to the Secretary of the Interior, the Secretary of the Army, the Secretary of Health and Human Services, or the Administrator of the Environmental Protection Agency, respectively, for his views and recommendations at least thirty days prior to transmission of the plan to the Congress through the President. The views and recommendations of the Secretary of the Interior, the Secretary of the Army, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency, if received by the Secretary prior to the expiration of the above thirty-day period, shall accompany the plan transmitted by the Secretary to the Congress through the President.

(5)Rules and regulations Prior to any Federal participation in the works of improvement under this chapter, the President shall issue such rules and regulations as he deems necessary or desirable to carry out the purposes of this chapter, and to assure the coordination of the work authorized under this chapter and related work of other agencies, including the Department of the Interior and the Department of the Army.

(Aug. 4, 1954, ch. 656, § 5, 68 Stat. 667; July 19, 1956, ch. 639, 70 Stat. 580; Aug. 7, 1956, ch. 1027, § 1(f), 70 Stat. 1089; Pub. L. 87–703, title I, § 105, Sept. 27, 1962, 76 Stat. 609; Pub. L. 90–361, June 27, 1968, 82 Stat. 250; Pub. L. 92–419, title II, § 201(g), Aug. 30, 1972, 86 Stat. 669; Pub. L. 95–113, title XV, § 1506(b), (c), Sept. 29, 1977, 91 Stat. 1022; Pub. L. 97–98, title XV, § 1512(e), (f), Dec. 22, 1981, 95 Stat. 1333; Pub. L. 115–141, div. A, title VII, § 761(b), Mar. 23, 2018, 132 Stat. 396; Pub. L. 115–334, title II, § 2821(a), Dec. 20, 2018, 132 Stat. 4602.)