
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-16]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-16. Comprehensive plans for development, utilization, 
        and conservation of water and related resources
        

(a) Federal and State cooperation

    The Secretary of the Army, acting through the Chief of Engineers, is 
authorized to cooperate with any State in the preparation of 
comprehensive plans for the development, utilization, and conservation 
of the water and related resources of drainage basins, watersheds, or 
ecosystems located within the boundaries of such State and to submit to 
Congress reports and recommendations with respect to appropriate Federal 
participation in carrying out such plans.

(b) Fees

                  (1) Establishment and collection

        For the purpose of recovering 50 percent of the total cost of 
    providing assistance pursuant to this section, the Secretary of the 
    Army is authorized to establish appropriate fees, as determined by 
    the Secretary, and to collect such fees from States and other non-
    Federal public bodies to whom assistance is provided under this 
    section.

                        (2) In-kind services

        Up to \1/2\ of the non-Federal contribution for preparation of a 
    plan subject to the cost sharing program under this subsection may 
    be made by the provision of services, materials, supplies, or other 
    in-kind services necessary to prepare the plan.

                         (3) Deposit and use

        Fees collected under this subsection shall be deposited into the 
    account in the Treasury of the United States entitled, 
    ``Contributions and Advances, Rivers and Harbors, Corps of Engineers 
    (8862)'' and shall be available until expended to carry out this 
    section.

(c) Authorization of appropriations; general and State limitation

    There is authorized to be appropriated not to exceed $10,000,000 
annually to carry out the provisions of this section except that not 
more than $500,000 shall be expended in any one year in any one State.

(d) ``State'' defined

    For the purposes of this section, the term ``State'' means the 
several States of the United States, Indian tribes, the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth 
of the Northern Marianas, and the Trust Territory of the Pacific 
Islands.

(Pub. L. 93-251, title I, Sec. 22, Mar. 7, 1974, 88 Stat. 20; Pub. L. 
94-587, Sec. 168, Oct. 22, 1976, 90 Stat. 2936; Pub. L. 96-597, title 
VI, Sec. 605, Dec. 24, 1980, 94 Stat. 3482; Pub. L. 99-662, title IX, 
Sec. 921, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 101-640, title III, 
Sec. 319, Nov. 28, 1990, 104 Stat. 4642; Pub. L. 102-580, title II, 
Sec. 208, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 104-303, title II, 
Sec. 221, Oct. 12, 1996, 110 Stat. 3697.)

                          Codification

    Section was enacted as part of the Water Resources Development Act 
of 1974, and not as part of the Water Resources Planning Act which 
comprises this chapter.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-303, Sec. 221(1), inserted ``, 
watersheds, or ecosystems'' after ``basins''.
    Subsec. (b)(2) to (4). Pub. L. 104-303, Sec. 221(2), redesignated 
pars. (3) and (4) as (2) and (3), respectively, and struck out heading 
and text of former par. (2). Text read as follows: ``The Secretary shall 
phase in the cost sharing program under this subsection by recovering--
        ``(A) approximately 10 percent of the total cost of providing 
    assistance in fiscal year 1991;
        ``(B) approximately 30 percent of the total cost in fiscal year 
    1992; and
        ``(C) approximately 50 percent of the total cost in fiscal year 
    1993 and each succeeding fiscal year.''
    Subsec. (c). Pub. L. 104-303, Sec. 221(3), substituted 
``$10,000,000'' for ``$6,000,000'' and ``$500,000'' for ``$300,000''.
    1992--Subsec. (b)(3), (4). Pub. L. 102-580, Sec. 208(1), added par. 
(3) and redesignated former par. (3) as (4).
    Subsec. (d). Pub. L. 102-580, Sec. 208(2), inserted ``Indian 
tribes,'' after ``States of the United States,''.
    1990--Subsecs. (b) to (d). Pub. L. 101-640 added subsec. (b) and 
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
    1986--Subsec. (b). Pub. L. 99-662 substituted ``$6,000,000'' for 
``$4,000,000'' and ``$300,000'' for ``$200,000''.
    1980--Subsec. (c). Pub. L. 96-597 added subsec. (c).
    1976--Subsec. (b). Pub. L. 94-587 increased limitation on annual 
appropriation authorization to $4,000,000 from $2,000,000.


                    Effective Date of 1980 Amendment

    Section 605 of Pub. L. 96-597 provided that the amendment made by 
that section is effective Oct. 1, 1981.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
