1836 WATER RESOURCES PLANNING ACT services from any State or the United States or any subdivision or agency thereof, or intergovernmental agency, and may receive, utilize, and dispose of the same. (c) The commission shall keep accurate accounts of all receipts and disbursements. The accounts shall be audited at least annually in accordance with generally accepted auditing standards by independent certified or licensed public accountants, certified or licensed by a regulatory authority of a State, and the report of the audit shall be included in and become a part of the annual report of the commission. (d) The accounts of the Commission shall be open at all reasonable times for inspection by representatives of the jurisdictions and agencies which make appropriations, donations, or grants to the commission. (79 Stat. 250; 42 U.S.C. § 1962b-6) TITLE III-FINANCIAL ASSISTANCE TO THE STATES FOR COMPREHENSIVE PLANNING GRANT AUTHORIZATIONS Sec. 301. [Appropriations authorization for State grants-Coordination of Federal and State programs.]—(a) In recognition of the need for increased participation by the States in water and related land resources planning to be effective, there are hereby authorized to be appropriated to the Council for the next fiscal year beginning after the date of enactment of this Act, and for the nine succeeding fiscal years thereafter, $5,000,000 in each such year for grants to States to assist them in developing and participating in the development of comprehensive water and related land resources plans. (b) The Council, with the approval of the President, shall prescribe such rules, establish such procedures, and make such arrangements and provisions relating to the performance of its functions under this title, and the use of funds available therefor, as may be necessary in order to assure (1) coordination of the program authorized by this title with related Federal planning assistance programs, including the program authorized under section 701 of the Housing Act of 1954 and (2) appropriate utilization of other Federal agencies administering programs which may contribute to achieving the purpose of this Act. (79 Stat. 251; 42 U.S.C. § 1962c) EXPLANATORY NOTE Reference in the Text. Section 701 of the Housing Act of 1954 (enacted August 2, 1954), 68 Stat. 640, referred to in the text, authorizes grants to State, metropolitan, or regional planning agencies for planning assistance, including surveys, land use studies, urban renewal plans, technical services and other planning work. ALLOTMENTS Sec. 302. (a) From the sums appropriated pursuant to section 301 for any fiscal year the Council shall from time to time make allotments to the States, in accordance with its regulations, on the basis of (1) the population, (2) the land area, (3) the need for comprehensive water and related land resources planning programs, and (4) the financial need of the respective States. For the WATER RESOURCES PLANNING ACT 1837 purposes of this section the population of the States shall be determined on the basis of the latest estimates available from the Department of Commerce and the land area of the States shall be determined on the basis of the official records of the United States Geological Survey. (b) From each State's allotment under this section for any fiscal year the Council shall pay to such State an amount which is not more than 50 per centum of the cost of carrying out its State program approved under section 303, including the cost of training personnel for carrying out such program and the cost of administering such program. (79 Stat. 251; 42 U.S.C. § 1962c-1) STATE PROGRAMS Sec. 303. The Council shall approve any program for comprehensive water and related land resources planning which is submitted by a State, if such program (1) provides for comprehensive planning with respect to intrastate or interstate water resources, or both, in such State to meet the needs for water and water-related activities taking into account prospective demands for all purposes served through or affected by water and related land resources development, with adequate provision for coordination with all Federal, State, and local agencies, and nongovernmental entities having responsibilities in affected fields; (2) provides, where comprehensive statewide development planning is being carried on with or without assistance under section 701 of the Housing Act of 1954, or under the Land and Water Conservation Fund Act of 1965, for full coordination between comprehensive water resources planning and other statewide planning programs and for assurances that such water resources planning will be in conformity with the general development policy in such State; (3) designates a State agency (hereinafter referred to as the "State agency") to administer the program; (4) provides that the State agency will make such reports in such form and containing such information as the Council from time to time reasonably requires to carry out its functions under this title; (5) sets forth the procedure to be followed in carrying out the State program and in administering such program; and (6) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for keeping appropriate accountability of the funds and for the proper and efficient administration of the program. The Council shall not disapprove any program without first giving reasonable notice and opportunity for hearing to the State agency administering such program. (79 Stat. 252; 42 U.S.C. § 1962c-2) EXPLANATORY NOTES Reference in the Text. Section 701 of the Housing Act of 1954 (enacted August 2, 1954), 68 Stat. 640, referred to in the text, authorizes grants to State, metropolitan, or regional planning agencies for planning assistance, including surveys, land use studies, urban renewal plans, technical services and other planning work. 1838 WATER RESOURCES PLANNING ACT Reference in the Text. The Land and Water Conservation Fund Act of 1965 (enacted September 3, 1964), referred to in the text, authorizes financial assistance to States for outdoor recreation purposes, but a comprehensive statewide outdoor recreation plan is required prior to the consideration by the Secretary of the Interior of financial assistance. The Act appears herein in chronological order. REVIEW Sec. 304. Whenever the Council after reasonable notice and opportunity for hearing to a State agency finds that— (a) the program submitted by such State and approved under section 303 has been so changed that it no longer complies with a requirement of such section; or (b) in the administration of the program there is a failure to comply substantially with such a requirement, the Council shall notify such agency that no further payments will be made to the State under this title until it is satisfied that there will no longer be any such failure. Until the Council is so satisfied, it shall make no further payments to such State under this title. (79 Stat. 252; 42 U.S.C. § 1962c-3) PAYMENTS Sec. 305. The method of computing and paying amounts pursuant to this title shall be as follows: (1) The Council shall, prior to the beginning of each calendar quarter or other period prescribed by it, estimate the amount to be paid to each State under the provisions of this title for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Council may find necessary. (2) The Council shall pay to the State, from the allotment available therefor, the amount so estimated by it for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this para graph) by which it finds that its estimate of the amount to be paid such State for any prior period under this title was greater or less than the amount which should have been paid to such State for such prior period under this title. Such payments shall be made through the disbursing facilities of the Treasury Department, at such times and in such installments as the Council may determine. (79 Stat. 253; 42 U.S.C. § 1962c-4) DEFINITION Sec. 306. For the purpose of this title the term "State" means a State, the District of Columbia, Puerto Rico, or the Virgin Islands. (79 Stat. 253; 42 U.S.C. § 1962c-5) RECORDS Sec. 307. (a) Each recipient of a grant under this Act shall keep such records as the Chairman of the Council shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, and the total cost of the project or undertaking in connection with which the grant WATER RESOURCES PLANNING ACT 1839 was made and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Chairman of the Council and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of the grant that are pertinent to the determination that funds granted are used in accordance with this Act. (79 Stat. 253; 42 U.S.C. § 1962c-6) TITLE IV-MISCELLANEOUS AUTHORIZATION OF APPROPRIATIONS Sec. 401. There are authorized to be appropriated not to exceed $300,000 annually, to carry out the provision of title I of this Act, not to exceed $6,000,000 annually to carry out the provisions of title II, and not to exceed $400,000 annually for the administration of title III: Provided, That, with respect to title II, not more than $750,000 annually shall be available for any single river basin commission. (79 Stat. 253; 42 U.S.C. § 1962d) RULES AND REGULATIONS Sec. 402. The Council is authorized to make such rules and regulations as it may deem necessary or appropriate for carrying out those provisions of this Act which are administered by it. (79 Stat. 254; 42 U.S.C. § 1962d-1) DELEGATION OF FUNCTIONS Sec. 403. The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 105 and the detailed administration of the grant program under title III. (79 Stat. 254; 42 U.S.C. § 1962d-2) UTILIZATION OF PERSONNEL Sec. 404. The Council may, with the consent of the head of any other department or agency of the United States, utilize such officers and employees of such agency on a reimbursable basis as are necessary to carry out the provisions of this Act. (79 Stat. 254; 42 U.S.C. § 1962d-3) EXPLANATORY NOTES Editor's Note, Annotations. Annotations of opinions are not included because this statute does not deal primarily with the activities of the Bureau of Reclamation. Legislative History. S. 21, Public Law 89-80 in the 89th Congress. Reported in Senate from Interior and Insular Affairs February 24, 1965; S. 68. Passed Senate February 25, 1965. Passed House, amended, March 31, 1965. Senate disagrees to House amendments and asks for a conference April 9, 1965. House agrees to conference April 13, 1965. Conference report filed July 8, 1965; H.R. Rept. No. 603. House agrees to conference report July 13, 1965. Senate agrees to conference report July 14, 1965. Companion bill H.R. 1111. Reported from Interior and Insular Affairs March 15, 1965; H.R. Rept. No. 169. 1840 PUEBLO INDIAN IRRIGATION CHARGES, MIDDLE RIO An act to authorize the Secretary of the Interior to contract with the Middle Rio Grande Conservancy District of New Mexico for the payment of operation and maintenance charges on certain Pueblo Indian lands. (Act of July 27, 1965, Public Law 89-94, 79 Stat. 285) [Payment of Pueblo Indian irrigation charges extended to 1975.]-The provisions of the Act of August 27, 1935 (49 Stat. 887), as amended by section 5 of the Act of June 20, 1938 (52 Stat. 779), by the Act of April 24, 1946 (60 Stat. 121), and by the Act of May 29, 1956 (70 Stat. 221), authorizing the Secretary of the Interior to provide by agreement with the Middle Rio Grande Conservancy District, a subdivision of the State of New Mexico, for the payment of operation and maintenance charges on newly reclaimed Pueblo Indian lands and lands purchased by the United States by virtue of the Act of June 7, 1924 (43 Stat. 636), as amended, for certain Pueblo Indians, are hereby extended for an additional period of ten years to 1975. (79 Stat. 285) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Background. The Middle Rio Grande Conservancy District, a political subdivision of the State of New Mexico, was created in 1927 for planning, constructing and operating a coordinated irrigation and flood control project, including the rehabilitation of existing irrigation works that included some of the oldest in the United States. Reclamation of Indian lands within the District was authorized under the Act of March 13, 1928, 45 Stat. 312. The Act of August 27, 1935, 49 Stat. 887, authorized the Secretary of the Interior to enter into an agreement with the District to pay operation and maintenance charges assessed against certain Indian lands for a period of 5 years. This authority was subsequently extended to 1945, 1955, and 1965 successively by the Act of June 20, 1938, 52 Stat. 779; the Act of April 24, 1946, 60 Stat. 121; and the Act of May 29, 1956, 70 Stat 221. The Act of July 27, 1965, above, extends this authority to 1975. On September 24, 1951, the Bureau of Reclamation contracted with the District to rehabilitate and extend the project works; and the amendatory contract of January 4, 1955, set February 1, 1955, as the date for the Bureau of Reclamation to take over operation and maintenance of the works, with the District responsible for making and collecting assessments against land and property owners. These contracts do not make any changes in the working relationships between the Federal Government and the District with respect to operation and maintenance charges assessed against Indian lands. The Federal project, named the Middle Rio Grande project, was undertaken under the Federal reclamation laws, as amended and supplemented, including the Flood Control Acts of June 30, 1948, 62 Stat. 1179, and May 17, 1950, 64 Stat. 176. The relevant provisions from these two Acts appear herein in chronological order. Legislative History. S. 1462, Public Law 89-94 in the 89th Congress. Reported in the Senate from Interior and Insular Affairs March 25, 1965, S. Rept. No. 140. Passed Senate March 29, 1965. Reported in House from Interior and Insular Affairs, March 30, 1965, H.R. Rept. No. 575. Passed House July 12, 1965. |