involved in fishing, contrary to the provisions of the convention or this chapter or to regulations issued pursuant thereto. Any property so seized shall not be disposed of except pursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of Commerce.

(As amended Aug. 11, 1971, Pub. L. 92-87, § 110 (c), (d), 85 Stat. 312.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-87 substituted "Department of Commerce" for "Fish and Wildlife Service of the Department of the Interior" and "Secretary of Commerce" for "Secretary of the Interior".

§ 991. Appropriations.

There is authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the purposes and provisions of this chapter, including the United States share of the joint expenses of the Commission as provided in article XI of the convention; for the expenses of the United States Commissioners, alternate United States Commissioners, and authorized advisers. (As amended Aug. 11, 1971, Pub. L. 92-87, § 111(d), 85 Stat. 313.)

AMENDMENTS

1971-Pub. L. 92-87 substituted "Commissioners, Alternate United States Commissioners," for "Commissioners".

Chapter 18.-WATERSHED PROTECTION AND FLOOD PREVENTION

§ 1001. Declaration of policy.

Erosion, floodwater, 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 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, of furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improving the Nation's land and water resources and the quality of the environment. (As amended Aug. 30, 1972, Pub. L. 92-419, title II, § 201(a), 86 Stat. 667.)

AMENDMENTS

1972-Pub. L. 92-419 expanded the declaration of policy to include conservation and utilization of land, improvement of land and water resources, and quality of the environment.

§ 1002. Definitions.

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 $250,000, 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 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 Public Works of the Senate and the Committee on Public Works of the House of Representatives, respectively. 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.

(As amended Aug. 30, 1972, Pub. L. 92-419, title II, § 201(b), 86 Stat. 667.)

AMENDMENTS

1972-Pub. L. 92-419 defined "works of improvement" to include any undertaking for the conservation and proper utilization of land.

§ 1003. Assistance to local organizations.

In order to assist local organizations in preparing and carrying out plans for works of improvement, the Secretary is authorized, upon application of local organizations if such application has been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over programs provided for in this chapter, or by the Governor if there is no State agency having such responsibility—

(5) to obtain the cooperation and assistance of other Federal agencies in carrying out the purposes of this section;

(6) to enter into agreements with landowners, operators, and occupiers, individually or collectively, based on conservation plans of such landowners, operators, and occupiers which are developed in cooperation with and approved by the soil and water conservation district in which the land described in the agreement is situated, to be carried out on such land during a period of not to exceed ten years, providing for changes in cropping systems and land uses and for the installation of soil and water conservation practices and measures needed to conserve and develop the soil,

water, woodland, wildlife, and recreation resources of lands within the area included in plans for works of improvement, as provided for in such plans, including watershed or subwatershed work plans in connection with the eleven watershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented. Applications for assistance in developing such conservation plans shall be made in writing to the soil and water conservation district involved, and the proposed agreement shall be reviewed by such district. In return for such agreements by landowners, operators, and occupiers the Secretary shall agree to share the costs of carrying out those practices and measures set forth in the agreement for which he determines that cost sharing is appropriate and in the public interest. The portion of such costs, including labor, to be shared shall be that part which the Secretary determines is appropriate and in the public interest for the carrying out of the practices and measures set forth in the agreement, except that the Federal assistance shall not exceed the rate of assistance for similar practices and measures under existing national programs. The Secretary may terminate any agreement with a landowner, operator, or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modifications of agreements, previously entered into hereunder, as he deems desirable to carry out the purposes of this paragraph or to facilitate the practical administration of the agreements provided for herein. Notwithstanding any other provision of law, the Secretary, to the extent he deems it desirable to carry out the purposes of this paragraph, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of any crop; or (2) surrender of any such history and allotments.

(As amended Aug. 30, 1972, Pub. L. 92-419, title II, §201(c), 86 Stat. 667.)

REFERENCES IN TEXT

Section 13 of Act Dec. 22, 1944 (58 Stat. 887), as amended and supplemented, referred to in par. (6), and part of provisions popularly known as Flood Control Act of 1944, was not classified to the Code.

AMENDMENTS

1972-Par. (6). Pub. L. 92-419 added par. (6).

§ 1004. Conditions for Federal assistance.

The Secretary shall require as a condition to providing Federal assistance for the installation of works of improvement that local organizations shall

(1) 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

chapter, such land, easements, or rights-of-way as will be needed in connection with works of improvement installed with Federal assistance: Provided, That when 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 be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-ofway acquired or to be acquired by the local organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes: Provided further, That the Secretary shall be authorized to participate in recreational development in any watershed project only to the extent that the need therefor is demonstrated in accordance with standards established by him, 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: Provided further, That the Secretary shall be authorized to participate in not more than one recreational development in a watershed project containing less than seventyfive thousand acres, or two such developments in a project containing between seventy-five thousand and one hundred and fifty thousand acres, or three such developments in projects exceeding one hundred and fifty thousand acres: Provided further, That when the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or right-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 shall be authorized to 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;

(2) assume (A) such proportionate share, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs, of the costs of installing any works of improvement, involving Federal assistance (excluding engineering costs), which is applicable to the agricultural phases of the conservation, development, utilization, and disposal of water or for fish and wildlife development, recreational development, ground water recharge, water quality management, or the conservation and proper utilization of land: Provided, That works of improvement for water quality management shall consist primarily of water storage capacity in reservoirs for regulation of streamflow, except that any such storage and water releases shall

vigation, and is not frivolous, he shall thout consideration to the State all right, interest of the United States in and to any tips which are available for transfer under ter if—

ine State gives to the Secretary such assuras ne deems necessary that such ships will a and maintained only for the purposes The application and, when sunk, will be and marked as a hazard to navigation;

State agrees to secure any licenses or which may be required under the proviany other applicable Federal law; The State agrees to such other terms and s as the Secretary shall require in order the marine environment and other inthe United States; and

e transfer would be at no cost to the Govwith the State taking delivery of such ships at fleetside of the National Defense Fleet in an "as is-where is" condition. 2 402, § 4, Aug. 22, 1972, 86 Stat. 618.)

REFERENCES IN TEXT

pter", referred to in the text, read in the as Act", meaning Pub. 92-402 which enacted +r, amended section 1244 (a) of Title 46, and certain maritime program appropriations ed to the Code.

herty ships available; number; equitable istration.

... may apply for more than one Liberty ship ins chapter. The Secretary shall, however, into account the number of Liberty ships May be or become available for transfer under pter, administer this chapter in an equitable with respect to the various States. (Pub. 402, § 5, Aug. 22, 1972, 86 Stat. 618.)

REFERENCES IN TEXT

chapter", referred to in the text, read in the origAct", meaning Pub. L. 92-402 which enacted this amended section 1244 (a) of Title 46, and au1 certain maritime program appropriations not cd to the Code.

fc. Denial of applications; finality of decision. ecision by the Secretary denying any applicafor a Liberty ship under this chapter is final. L. 92-402, § 6, Aug. 22, 1972, 86 Stat. 618.) REFERENCES IN TEXT

This chapter", referred to in the text, read in the orig"this Act", meaning Pub. L. 92-402 which enacted this pter, amended section 1244 (a) of Title 46, and auzed certain maritime program appropriations not fied to the Code.

Chapter 28.-WILD AND SCENIC RIVERS 1274. Component rivers and adjacent lands; establishment of boundaries; classification; development plans.

(a) The following rivers and the land adjacent tnereto are hereby designated as components of the national wild and scenic rivers system:

(9) LOWER SAINT CROIX, MINNESOTA AND WISCONSIN. The segment between the dam near Taylors Falls and its confluence with the Mississippi River: Provided, (i) That the upper twenty-seven miles of

1972-Subsec. (a) (9). Pub. L. 92-560 added par. (9). SHORT TITLE

Section 1 of Pub. L. 92-560 provided: "That this Act [which enacted subsec. (a) (9) of this section and provisions set out as notes under this section] may be cited as the 'Lower Saint Croix River Act of 1972'." LOWER SAINT CROIX, MINNESOTA AND WISCONSIN. BOUNDARIES, CLASSIFICATION, AND DEVELOPMENT PLANS; JOINT ACTION; MASTER PLAN; STATE ADMINISTRATION Section 3 of Pub. L. 92-560 provided that: "The Secretary of the Interior shall, within one year following the date of enactment of this Act [Oct. 25, 1972], take with respect to the Lower Saint Croix River segment, such actions as is provided for under section 3(b) of the Wild and Scenic Rivers Act [subsec. (b) of this section]: Provided, That (a) the action required by sucn section shall be undertaken jointly by the Secretary and the appropriate agencies of the affected States; (b) the development plan required by such section shall be construed to be a comprehensive master plan which shall include, but not be limited to, a determination of the lands, waters, and interests therein to be acquired, developed, and administered by the agencies or political subdivisions of the affected States; and (c) such development plan shall provide for State administration of the lower twentyfive miles of the Lower Saint Croix River segment and for continued administration by the States of Minnesota and Wisconsin of such State parks and fish hatcheries as now lie within the twenty-seven-mile segment to be administered by the Secretary of the Interior."

LAND ACQUISITION

Section 4 of Pub. L. 92-560 provided that: "Notwithstanding any provision of the Wild and Scenic Rivers Act [this chapter] which limits acquisition authority within a river segment to be administered by a Federal agency, the States of Minnesota and Wisconsin may acquire within the twenty-seven-mile segment of the Lower Saint Croix River segment to be administered by the Secretary of the Interior such lands as may be proposed for their acquisition, development, operation, and maintenance pursuant to the development plan required by section 3 of this Act [this section]."

NAVIGATION AIDS

Section 5 of Pub. L. 92-560 provided that: "Nothing in this Act [see Short Title note hereunder] shall be deemed to impair or otherwise affect such statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements."

AUTHORIZATION OF APPROPRIATIONS; LIMITATION Section 6 of Pub. L. 92-560 provided that:

"(a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [see Short Title note hereunder], but not to exceed $7,275,000 for the acquisition and development of lands and interests therein within the boundaries of the twentyseven-mile segment of the Lower Saint Croix River segment to be administered by the Secretary of the Interior. "(b) No funds otherwise authorized to be appropriated by this section shall be expended by the Secretary of the Interior until he has determined that the States of Minnesota and Wisconsin have initiated such land acquisition and development as may be proposed pursuant to the development plan required by section 3 of this Act [this section], and in no event shall the Secretary of the