All 68 Stat. 667. Conditions for Federal assistance. ment. Installation. Federal construction. 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 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 improvement; and (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. Works of improve- 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 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 of improvement 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 least forty-five days (counting only days occurring during any regular 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) which includes reclamation or irrigation works or which affects public or other lands retary of Army 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 Submission of plan, eto., to Congress. Prior submission to Seo or Interior. All 68 Stat. 668. 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 the Congress through the President: Provided further, That, prior to Regulations. any Federal participation in the works of inprovement 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. SEC. 6. The Secretary is authorized in cooperation with other Cooperative proFederal and with States and local agencies to make investigations and grams. surveys of the watersheds of rivers and other waterways as a basis for the development of coordinated programs. In 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 Secretary of Agriculture in the planning and development of works or programs for such lands. SEC. 7. The provisions of the Act of June 22, 1936 (49 Stat. 1570), Repeals. as amended and supplemented, conferring authority upon the Depart- 33 USC 701b. ment of Agriculture under the direction of the Secretary of Agricul ture to make preliminary examinations and surveys and to prosecute are hereby repealed: Provided, That (a) the authority of that Depart- Exception. 33 USC 701b-1. SEC. 8. There are hereby authorized to be appropriated such sums Appropriations. as may be necessary to carry out the purposes of this act, such sums to remain available until expended. SEC. 9. This Act may be cited as the "Watershed Protection and Short title. Flood Prevention Act". Approved August 4, 1954. To authorize the utilization of a limited amount of storage space in Table Rock 55 Stat. 638. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Table Rock Table Rock Reservoir project, White River, Missouri, approved by the Flood Con- Reservoir trol Act approved August 18, 1941, be hereby modified to authorize project. the Secretary of the Army, acting through the Chief of Engineers, Storage to make available a maximum of twenty-seven thousand acre-feet of space. storage space in the reservoir to provide a regulated flow not to exceed twenty-two cubic feet per second for operation by the State of Missouri of a fish hatchery without reimbursement on such terms and conditions as the Secretary of the Army may deem reasonable: Provided, That nothing herein contained shall affect water rights under State law. Approved July 17, 1959. (498) To amend the Act of July 3, 1956 (70 Stat. 492), entitled "An Act to authorize the Secretary of the Interior to cooperate with Federal and non-Federal agencies in the prevention of waterfowl depredations, and for other purposes". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of 7 USC 446. July 3, 1956 (70 Stat. 492), entitled "An Act to authorize the Secretary of the Interior to cooperate with Federal and non-Federal agencies in the prevention of waterfowl depredations, and for other purposes", is amended by repealing and deleting therefrom section 5. Approved August 4, 1959. (499) 86th Congress, H. R. 2398 August 25, 1959 AN ACT 73 STAT. 430. To provide for the establishment of a fish hatchery in the northwestern part of the State of Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Pennsylvania. of the Interior is authorized to establish, construct, equip, operate, Fish hatchery. and maintain a new fish hatchery in the northwestern part of the State of Pennsylvania. SEC. 2. There are hereby authorized to be appropriated such sums Appropriation. as may be necessary to carry out the purposes of this Act. Approved August 25, 1959. (500) |