
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC590z-1]

 
                         TITLE 16--CONSERVATION
 
                     CHAPTER 3C--WATER CONSERVATION
 
          SUBCHAPTER II--CONSERVATION AND UTILIZATION PROJECTS
 
Sec. 590z-1. Prerequisites for construction of project


(a) Investigation and report to President

    No construction of a project may be undertaken pursuant to the 
authority of this subchapter unless and until the Secretary has made an 
investigation thereof and has submitted to the President his report and 
findings on--
        (i) the engineering feasibility of the proposed construction;
        (ii) the estimated cost of the proposed construction;
        (iii) the part of the estimated cost which properly can be 
    allocated to irrigation;
        (iv) the part of the estimated cost which probably can be repaid 
    by the water users in accordance with the requirements of section 
    590z-2 of this title;
        (v) the part of the estimated cost which can properly be 
    allocated to municipal or miscellaneous water supplies or power and 
    probably be returned to the United States in revenues therefrom;
        (vi) the part of the estimated cost which can properly be 
    allocated to the irrigation of Indian trust and tribal lands, and be 
    repayable in accordance with existing law relating to Indian lands;
        (vii) the part of the estimated cost which can properly be 
    allocated to flood control as recommended by the Secretary after 
    consultation with the Chief of Engineers, Department of the Army.

In connection with each such investigation, report, and finding, the 
Secretary shall consult with the Secretary of Agriculture regarding 
participation in the proposed project by the Department of Agriculture 
under the authority of sections 590z-3 and 590z-4 of this title; and the 
Secretary shall also transmit to the President a report by the Secretary 
of Agriculture to the President on the participation, if any, proposed 
by the Department of Agriculture. The project shall be deemed authorized 
and may be undertaken pursuant to this subchapter if (1) the Secretary 
finds and certifies to the President that the project has engineering 
feasibility and that the water users probably can repay, in accordance 
with the requirements of section 590z-2 of this title an amount equal to 
or in excess of that part of the estimated cost allocated by him to 
irrigation to be met by expenditure of moneys appropriated pursuant to 
section 590z-10(1) of this title; and (2) the President has approved 
said report and findings and has found that services, labor, materials, 
easements, and other property, including money, for the construction of 
the project, should be made available to the Department of the Interior 
by the Works Projects Administration or other Federal agencies, to the 
extent found necessary by the Secretary to make up the difference 
between the estimated cost of project construction and (i) the part 
thereof to be met by expenditure of moneys appropriated pursuant to 
section 590z-10(1) of this title, together with (ii) such services, 
materials, money, easements, and other property as non-Federal agencies 
or parties have agreed to contribute and the Secretary has found 
acceptable under section 590z of this title.

(b) Construction of physical features

    No actual construction of the physical features of a project shall 
be undertaken unless and until (1) the Secretary has found that lands, 
or interests in lands, deemed necessary for the construction and 
operation of the major features of the projects have been secured, or 
sufficient progress made in their procurement to indicate the 
probability that all these lands or interests in lands can be secured, 
with titles and at prices satisfactory to him; and (2) the Secretary has 
found (i) that water rights adequate for the purposes of the project 
have been acquired with titles and at prices satisfactory to him, or 
that such water rights have been initiated and in his judgment can be 
perfected in conformity with State law and any applicable interstate 
agreements and in a manner satisfactory to him; and (ii) that such water 
rights can be utilized for the purposes of the project in conformity 
with State law and any applicable interstate agreements and in a manner 
satisfactory to him.

(c) Division of project

    Any part of a project hereunder may be designated as a division of 
the project by the Secretary if he, after consultation with the 
Secretary of Agriculture, deems this desirable for orderly and efficient 
construction or administration. The term ``project'', as used in 
subsection (b) of this section and section 590z-2 of this title, shall 
be deemed to mean also ``division of a project'', designated as provided 
in this subsection. Any project authorized for construction from 
appropriations under the head ``Water Conservation and Utility 
Projects'' in the Interior Department Appropriation Act, 1940 [ch. 119] 
(53 Stat. 685), hereinafter called the 1940 water conservation 
appropriation, may be designated by the Secretary, upon agreement with 
the Secretary of Agriculture, a project under this subchapter, and shall 
thereupon be subject to all the provisions and requirements thereof, 
except those of subsections (a) and (b) of this section.

(Aug. 11, 1939, ch. 717, Sec. 3, 53 Stat. 1419; Oct. 14, 1940, ch. 861, 
54 Stat. 1120; July 16, 1943, ch. 242, Secs. 2-4, 57 Stat. 567; July 26, 
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

                       References in Text

    The head ``Water Conservation Utility Projects'' in the Interior 
Department Appropriation Act, 1940 [ch. 119] (53 Stat. 685), referred to 
in subsec. (c), was not classified to the Code.


                               Amendments

    1943--Subsec. (a)(vii). Act July 16, 1943, Sec. 2, inserted 
``Secretary after consultation with the'' after ``as recommended''.
    Subsec. (b). Act July 16, 1943, Sec. 3, amended subsec. (b) 
generally.
    Subsec. (c). Act July 16, 1943, Sec. 4, added subsec. (c).
    1940--Act Oct. 14, 1940, reenacted section.

                         Change of Name

    Department of War designated Department of the Army and title of 
Secretary of War changed to Secretary of the Army by section 205(a) of 
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of 
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10, 
Armed Forces'' which in sections 3010 to 3013 continued military 
Department of the Army under administrative supervision of Secretary of 
the Army.


               Construction With Section 701-1 of Title 33

    Section as amended and modified by act Dec. 22, 1944, ch. 665, 
Sec. 1(c), 58 Stat. 665, see section 701-1(c) of Title 33, Navigation 
and Navigable Waters.

                          Transfer of Functions

    Works Projects Administration and its functions transferred to 
Federal Works Agency by Reorg. Plan No. 1 of 1939, Secs. 301, 306, eff. 
July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, set out in the Appendix to 
Title 5, Government Organization and Employees.
    Functions of Federal Works Agency transferred to General Services 
Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63 
Stat. 380, which is classified to section 753 of Title 40, Public 
Buildings, Property, and Works.

                  Section Referred to in Other Sections

    This section is referred to in section 590z of this title; title 33 
section 701-1.
