dreamproit/uscode huggingface dataset:
42 U.S.C. § 1962b–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1962b–2. Organization of commissions
(a) Commencement of functions; transfer of property, assets, and records upon termination of commission; availability of studies, data, and other materials to participants
Each river basin commission shall organize for the performance of its functions within ninety days after the President shall have declared the establishment of such commission, subject to the availability of funds for carrying on its work. A commission shall terminate upon decision of the Council or agreement of a majority of the States composing the commission. Upon such termination, all property, assets, and records of the commission shall thereafter be turned over to such agencies of the United States and the participating States as shall be appropriate in the circumstances: Provided, That studies, data, and other materials useful in water and related land resources planning to any of the participants shall be kept freely available to all such participants.
(b) Vice chairman; State election; State representation
State members of each commission shall elect a vice chairman, who shall serve also as chairman and coordinating officer of the State members of the commission and who shall represent the State governments in Federal-State relations on the commission.
(c) Vacancies; alternates for chairman and vice chairman
Vacancies in a commission shall not affect its powers but shall be filled in the same manner in which the original appointments were made: Provided, That the chairman and vice chairman may designate alternates to act for them during temporary absences.
(d) Consensus of members on issues; opportunities for individual views; record of position of chairman and vice chairman; final authority on procedural questions
In the work of the commission every reasonable endeavor shall be made to arrive at a consensus of all members on all issues; but failing this, full opportunity shall be afforded each member for the presentation and report of individual views: Provided, That at any time the commission fails to act by reason of absence of consensus, the position of the chairman, acting in behalf of the Federal members, and the vice chairman, acting upon instructions of the State members, shall be set forth in the record: Provided further, That the chairman, in consultation with the vice chairman, shall have the final authority, in the absence of an applicable by-law adopted by the commission or in the absence of a consensus, to fix the times and places for meetings, to set deadlines for the submission of annual and other reports, to establish subcommittees, and to decide such other procedural questions as may be necessary for the commission to perform its functions.
(Pub. L. 89–80, title II, § 203, July 22, 1965, 79 Stat. 248.)
42 U.S.C. § 1962b–5 (THE PUBLIC HEALTH AND WELFARE)
§ 1962b–5. Compensation of members and chairmen
(a) Additional compensation prohibited to members appointed from Federal departments, agencies, and international commissions
Any member of a river basin commission appointed pursuant to section 1962b–1(b) and (e) of this title shall receive no additional compensation by virtue of his membership on the commission, but shall continue to receive, from appropriations made for the agency from which he is appointed, the salary of his regular position when engaged in the performance of the duties vested in the commission.
(b) Compensation of members from States and interstate agencies
Members of a commission, appointed pursuant to section 1962b–1(c) and (d) of this title, shall each receive such compensation as may be provided by the States or the interstate agency respectively, which they represent.
(c) Compensation of chairman
The per annum compensation of the chairman of each river basin commission shall be determined by the President, but when employed on a full-time annual basis shall not exceed the maximum scheduled rate for grade GS–18 or when engaged in the performance of the commission’s duties on an intermittent basis such compensation shall be not more than $100 per day and shall not exceed $12,000 in any year.
(Pub. L. 89–80, title II, § 206, July 22, 1965, 79 Stat. 250.)
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
42 U.S.C. § 1962b–6 (THE PUBLIC HEALTH AND WELFARE)
§ 1962b–6. Expenses of commissions
(a) Federal share; apportionment of remainder; annual budget; estimates of proposed Federal appropriations; advances against delayed State appropriations; credit to account in the Treasury
Each commission shall recommend what share of its expenses shall be borne by the Federal Government, but such share shall be subject to approval by the Council. The remainder of the commission’s expenses shall be otherwise apportioned as the commission may determine. Each commission shall prepare a budget annually and transmit it to the Council and the States. Estimates of proposed appropriations from the Federal Government shall be included in the budget estimates submitted by the Council under chapter 11 of title 31, and may include an amount for advance to a commission against State appropriations for which delay is anticipated by reason of later legislative sessions. All sums appropriated to or otherwise received by a commission shall be credited to the commission’s account in the Treasury of the United States.
(b) Acceptance, reception, utilization, and disposal of appropriations, donations, and grants
A commission may accept for any of its purposes and functions appropriations, donations, and grants of money, equipment, supplies, materials, and 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) Accounts of receipts and disbursements; annual audit; inclusion in annual report
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) Inspection of accounts
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.
(Pub. L. 89–80, title II, § 207, July 22, 1965, 79 Stat. 250.)
heading: Codification
text: In subsec. (a), “chapter 11 of title 31” substituted for “the Budget and Accounting Act of 1921, as amended [31 U.S.C. 1 et seq.]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
42 U.S.C. § 1962c (THE PUBLIC HEALTH AND WELFARE)
§ 1962c. Authorization of appropriations; coordination of related Federal planning assistance programs; utilization of Federal agencies administering programs contributing to water resources planning
(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, $3,000,000 for fiscal year 1979 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 subchapter, and the use of funds available therefor, as may be necessary in order to assure (1) coordination of the program authorized by this subchapter with related Federal planning assistance programs, including the program authorized under section 701 of the Housing Act of 1954 1 and (2) appropriate utilization of other Federal agencies administering programs which may contribute to achieving the purpose of this chapter.
(Pub. L. 89–80, title III, § 301, July 22, 1965, 79 Stat. 251; Pub. L. 94–112, § 1(d), Oct. 16, 1975, 89 Stat. 575; Pub. L. 95–404, § 1(d), Sept. 30, 1978, 92 Stat. 864.)
heading: References in Text
text: Section 701 of the Housing Act of 1954, referred to in subsec. (b), is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–404 substituted “$3,000,000 for fiscal year 1979” for “for fiscal years 1977 and 1978, $5,000,000 in each such year”.
1975—Subsec. (a). Pub. L. 94–112 substituted “for fiscal years 1977 and 1978,” for “for the next fiscal year beginning after July 22, 1965, and for the nine succeeding fiscal years thereafter,”.
heading: Increases in Salary, Pay, Retirement, or Other Benefits for Federal Employees
text: For authority for payment of increases in salary and other Federal employee benefits, see section 1(e) of Pub. L. 95–404, set out as a note under section 1962d of this title.
42 U.S.C. § 1962c–1 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–1. Allotments to States: basis, population and land area determinations; payments to States: amount
(a) From the sums appropriated pursuant to section 1962c of this title 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 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 1962c–2 of this title, including the cost of training personnel for carrying out such program and the cost of administering such program.
(Pub. L. 89–80, title III, § 302, July 22, 1965, 79 Stat. 251.)
42 U.S.C. § 1962c–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–2. State programs; approval by Council; submission; requirements; notice and hearing prior to disapproval
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 1 or under the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 460l–4 et seq.], 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 subchapter;
(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.
(Pub. L. 89–80, title III, § 303, July 22, 1965, 79 Stat. 252.)
heading: References in Text
text: Section 701 of the Housing Act of 1954, referred to in par. (2), is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.
The Land and Water Conservation Fund Act of 1965, referred to in par. (2), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of Title 16 and Tables.
42 U.S.C. § 1962c–3 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–3. Noncompliance; curtailing of payments
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 1962c–2 of this title 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 subchapter 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 subchapter.
(Pub. L. 89–80, title III, § 304, July 22, 1965, 79 Stat. 252.)
42 U.S.C. § 1962c–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–4. Payments to States; computation of amount
The method of computing and paying amounts pursuant to this subchapter 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 subchapter 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 paragraph) by which it finds that its estimate of the amount to be paid such State for any prior period under this subchapter was greater or less than the amount which should have been paid to such State for such prior period under this subchapter. 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.
(Pub. L. 89–80, title III, § 305, July 22, 1965, 79 Stat. 253.)
42 U.S.C. § 1962c–5 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–5. “State” defined
For the purpose of this subchapter the term “State” means a State, the District of Columbia, Puerto Rico, the Virgin Islands or Guam.
(Pub. L. 89–80, title III, § 306, July 22, 1965, 79 Stat. 253; Pub. L. 94–285, § 2, May 12, 1976, 90 Stat. 516.)
heading: Amendments
text: 1976—Pub. L. 94–285 inserted reference to Guam.
42 U.S.C. § 1962c–6 (THE PUBLIC HEALTH AND WELFARE)
§ 1962c–6. Records; audit and examination
(a) Each recipient of a grant under this chapter 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 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 chapter.
(Pub. L. 89–80, title III, § 307, July 22, 1965, 79 Stat. 253.)
42 U.S.C. § 1962d–1 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–1. Rules and regulations
The Council is authorized to make such rules and regulations as it may deem necessary or appropriate for carrying out those provisions of this chapter which are administered by it.
(Pub. L. 89–80, title IV, § 402, July 22, 1965, 79 Stat. 254.)
42 U.S.C. § 1962d–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–2. Delegation of functions
The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 1962a–4 of this title and the detailed administration of the grant program under subchapter III of this chapter.
(Pub. L. 89–80, title IV, § 403, July 22, 1965, 79 Stat. 254.)
42 U.S.C. § 1962d–3 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–3. Utilization of personnel
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 chapter.
(Pub. L. 89–80, title IV, § 404, July 22, 1965, 79 Stat. 254.)
42 U.S.C. § 1962d–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–4. Northeastern United States water supply
(a) Plans for Federal construction, operation, and maintenance of reservoir system within certain river basins and conveyance and purification facilities through cooperation of Secretary of the Army and government agencies; financial participation of States
Congress hereby recognizes that assuring adequate supplies of water for the great metropolitan centers of the United States has become a problem of such magnitude that the welfare and prosperity of this country require the Federal Government to assist in the solution of water supply problems. Therefore, the Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with Federal, State, and local agencies in preparing plans in accordance with the Water Resources Planning Act [42 U.S.C. 1962 et seq.] to meet the long-range water needs of the northeastern United States. This plan may provide for the construction, operation, and maintenance by the United States of (1) a system of major reservoirs to be located within those river basins of the northeastern United States which drain into the Chesapeake Bay, those that drain into the Atlantic Ocean north of the Chesapeake Bay, those that drain into Lake Ontario, and those that drain into the Saint Lawrence River, (2) major conveyance facilities by which water may be exchanged between these river basins to the extent found desirable in the national interest, and (3) major purification facilities. Such plans shall provide for appropriate financial participation by the States, political subdivisions thereof, and other local interests.
(b) Construction, operation, and maintenance of reservoirs and conveyance and purification facilities
The Secretary of the Army, acting through the Chief of Engineers, shall construct, operate, and maintain those reservoirs, conveyance facilities, and purification facilities, which are recommended in the plan prepared in accordance with subsection (a) of this section, and which are specifically authorized by law enacted after October 27, 1965.
(c) Reservoirs as components of river basin and water supply plans
Each reservoir included in the plan authorized by this section shall be considered as a component of a comprehensive plan for the optimum development of the river basin in which it is situated, as well as a component of the plan established in accordance with this section.
(Pub. L. 89–298, title I, § 101, Oct. 27, 1965, 79 Stat. 1073.)
heading: References in Text
text: The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, as amended, which is classified generally to this chapter (§ 1962 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1962 of this title and Tables.
heading: Codification
text: Section was not enacted as a part of the Water Resources Planning Act which comprises this chapter.
42 U.S.C. § 1962d–5c (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–5c. Non-Federal public bodies, installment construction payments
(a) Annual installments during period of construction in absence of other provision for extended repayment
In connection with any water resource development project, heretofore, herein, or hereafter authorized to be undertaken by the Secretary of the Army, the construction of which has not been initiated as of March 7, 1974, where authorization requires that non-Federal public bodies make an agreed-upon cash contribution as part of their reimbursement to the Federal Government for construction costs, or a specific portion of the construction costs, and where there exists no other provision of law which would permit extended repayment for the construction costs or such specific portion of the construction costs involved, such non-Federal public bodies may make such repayment in annual installments during the period of construction.
(b) Cost sharing; modification
Upon the request of affected non-Federal public bodies, the Secretary of the Army is authorized to modify existing cost sharing agreements in order to effectuate the provisions of subsection (a) of this section.
(Pub. L. 93–251, title I, § 40, Mar. 7, 1974, 88 Stat. 23.)
heading: Codification
text: 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.
42 U.S.C. § 1962d–5d (THE PUBLIC HEALTH AND WELFARE)
§ 1962d–5d. Authorization of Secretary of the Army to contract with States and political subdivisions for increased law enforcement services during peak visitation periods; authorization of appropriations
(a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the jurisdiction of the Secretary of the Army to meet needs during peak visitation periods.
(b) There is authorized to be appropriated $10,000,000 per fiscal year for each fiscal year beginning after September 30, 1986, to carry out this section.
(Pub. L. 94–587, § 120, Oct. 22, 1976, 90 Stat. 2924; Pub. L. 99–662, title IX, § 920, Nov. 17, 1986, 100 Stat. 4193.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.
heading: Amendments
text: 1986—Subsec. (b). Pub. L. 99–662 amended subsec. (b) generally, substituting “$10,000,000 per fiscal year for each fiscal year beginning after September 30, 1986” for “$6,000,000 per fiscal year for the fiscal years ending September 30, 1978, and September 30, 1979”.