PART IV WATER RESOURCE STATUTES RELATING TO FISH AND WILDLIFE A. Federal license of water-resource projects; fishways Act of June 10, 1920 (41 Stat. 1077), as amended (16 U.S.C. 791a, 803a, and 811) SHORT TITLE SECTION 1. This Act may be cited as the "Federal Power Act". (June 10, 1920, c. 285, § 320, as added August 26, 1935, c. 687, Title, § 213, 49 Stat. 863.) CONDITIONS OF LICENSE GENERALLY SEC. 10. All licenses issued under this Act shall be on the following conditions: MODIFICATION OF PLANS TO SECURE ADAPTABILITY OF PROJECT (a) That the project adopted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreational purposes; and if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval. * (June 10, 1920, c. 285, § 10, 41 Stat. 1068; Aug. 26, 1935, c. 687, Title II, § 206, 49 Stat. 842.) OPERATIONS OF NAVIGATION FACILITIES; RULES AND REGULATIONS; PENALTIES SEC. 18. The Commission shall require the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior. The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under the provisions of this chapter, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army; and for willful failure to comply with any such rule or regulation such licensee shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 361 of this Act. (June 10, 1920, c. 285 § 18, 41 Stat. 1073; Aug. 26, 1935, c. 687, Title II, § 209, 49 Stat. 845; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 4, 1956, c. 351, § 2, 70 Stat. 226.) * HISTORICAL NOTE The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, c. 343, Title II, 61 Stat. 501. Section 205 (a) of Act July 26, 1947, was repealed by section 53 of Act Aug. 10, 1956, enacted "Title 10, Armed Forces" U.S. Code which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. 1956 Amendment.-Act June 4, 1956, amended section by substituting the words "Secretary of the Department in which the Coast Guard is operating" for the words "Secretary of War" in the first sentence. 1935 Amendment.-Act Aug. 26, 1935, amended section by adding first sentence, by eliminating clause which read: “Such rules and regulations may include the maintenance and operation by such licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be prescribed by the Secretary of Commerce.", and by substituting section "361" for section "25". B. Fish and wildlife conservation at small watershed projects Act of August 4, 1954 (68 Stat. 666), as amended (16 U.S.C. 1001-1008) SHORT TITLE This Act may be popularly known as the "Watershed Protection and Flood Prevention Act". Sec. 1. Declaration of policy. Sec. 2. Definitions. TABLE OF CONTENTS Sec. 3. Assistance to local organizations. Sec. 4. Conditions for Federal assistance. Sec. 5. Works of improvement; engineering; reimbursement; advances. Sec. 6. Cooperative programs. Sec. 8. Loans or advancements. Sec. 9. Territorial application. Sec. 10. Appropriations. Sec. 12. Notification of Secretary of Interior of approval of assistance. DECLARATION OF POLICY SECTION 1. 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 conservations districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water and thereby of preserving and protecting the Nation's land and water resources. (Aug. 4, 1954, c. 656, § 1, 68 Stat. 666.) HISTORICAL NOTE Extension of Benefits to Projects Authorized Before Aug. 7, 1956.-Section 2 of Act Aug. 7, 1956, c. 1027, 70 Stat. 1088, provided that: "The amendments made by this Act shall be applicable to all works of improvement and plans for such works under the provisions of the Watershed Protection and Flood Prevention Act. Any plans for works of improvement with respect to which the Secretary of Agriculture was authorized prior to the date of this Act [Aug. 7, 1956] to participate in the installation of works of improvement in accordance with such plan, or any plan for works of improvement which has received prior to the date of this Act (Aug. 7, 1956] the approval of congressional committees, as required by such Act, need not be submitted to the congressional committees as required by the Watershed Protection and Flood Prevention Act as amended by this Act." 41-802-65-25 DEFINITIONS SEC. 2. For the purposes of this Act, 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) or (2) the conservation, development, utilization, and disposal of water in watershed or subwatershed areas not exceeding two hundred and fifty thousand acres and not including any single structure which provides more than five thousand 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. "Local organization"-any State, political subdivision thereof, soil 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; or any irrigation or reservoir company, water users' association, or similar organization having such authority and not being operated for profit that may be approved by the Secretary. (As amended Aug. 30, 1961, Pub. L. 87-170, 75 Stat. 408.) ASSISTANCE TO LOCAL ORGANIZATIONS SEC. 3. 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 (1) to conduct such investigations and surveys as may be necessary to prepare plans for works of improvement; (2) to prepare plans and estimates required for adequate engineering evaluation; |