of the United States by any person in lands subject to this subchapter and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing herein contained is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact applies to the lands subject to this subchapter or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything herein

contained. (Aug. 7, 1953, ch. 345, § 14, 67 Stat. 470.)

§ 1343. Annual report by Secretary to Congress.

As soon as practicable after the end of each fiscal year, the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives a report detailing the amounts of all moneys received and expended in connection with the administration of this subchapter during the preceding fiscal year. (Aug. 7, 1953, ch. 345, § 15, 67 Stat. 470.)

1301. Congressional declaration of policy: authority of Secretary.

1302. Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; wetlands defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs.

1303. Same; required provisions.

1304. Same; annual payments; adjustment. 1305. Same; renewal or extension; participation of subsequent owner or operator in program.

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1306. Same; termination; modification. 1307. Utilization of services and facilities. 1308. Advisory Board; appoinitment; functions; bership; reimbursement for expenses. 1309. Consultation with Secretary of the Interior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs.

1310. Authorization of appropriations; maximum amount of payments pursuant to agreements.

1311. Rules and regulations.

§ 1301. Congressional declaration of policy; authority of Secretary.

The Congress finds that it is in the public interest to preserve, restore, and improve the wetlands of the Nation, and thereby to conserve surface waters, to preserve and improve habitat for migratory waterfowl and other wildlife resources, to reduce runoff, soil and wind erosion, and contribute to flood control, to contribute to improved water quality and reduce stream sedimentation, to contribute to improved subsurface moisture, to reduce acres of new land coming into production and to retire lands now in agricultural production, to enhance the natural beauty of the landscape, and to promote compre

hensive and total water management planning. The Secretary of Agriculture (hereinafter in this chapter referred to as the "Secretary") is authorized and directed to formulate and carry out a continuous program to prevent the serious loss of wetlands, and to preserve, restore, and improve such lands, which program shall begin on July 1, 1971. (Pub. L. 91-559, § 2, Dec. 19, 1970, 84 Stat. 1468.)

§ 1302. Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; wetlands defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs.

In effectuating the water bank program authorized by this chapter, the Secretary shall have authority to enter into agreements with landowners and operators in important migratory waterfowl nesting and breeding areas for the conservation of water on specified farm, ranch, or other wetlands identified in a conservation plan developed in cooperation with the Soil and Water Conservation District in which the lands are located, under such rules and regulations as the Secretary may prescribe. These agreements shall be entered into for a period of ten years, with provision for renewal for additional periods of ten years each. The Secretary shall reexamine the payment rates at the beginning of any such ten-year renewal period in the light of the then current land and crop values and make needed adjustments in rates for any such renewal period. As used in this chapter, the term "wetlands" means the inland fresh areas (types 1 through 5) described in Circular 39, Wetlands of the United States, published by the

United States Department of the Interior (including artificially developed inland fresh areas which meet the description of inland fresh areas, types 1 through 5, contained in such Circular 39). No agreement shall be entered into under this chapter concerning land with respect to which the ownership or control has changed in the two-year period preceding the first year of the agreement period unless the new ownership was acquired by will or succession as a result of the death of the previous owner, or unless the new ownership was acquired prior to July 1, 1971, under other circumstances which the Secretary determines, and specifies by regulation, will give adequate assurance that such land was not acquired for the purpose of placing it in the program, except that this sentence shall not be construed to prohibit the continuation of an agreement by a new owner or operator after an agreement has once been entered into under this chapter. A person who has operated the land to be covered by an agreement under this chapter for as long as two years preceding the date of the agreement and who controls the land for the agreement period shall not be required to own the land as a condition of eligibility for entering into the agreement. Nothing in this section shall prevent an owner or operator from placing land in the program if the land was acquired by the owner or operator to replace eligible land from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain. The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments or compensation under this program. No provision of this chapter shall prevent an owner or operator who is participating in the program under this chapter from participating in other Federal or State programs designed to conserve or protect wetlands. (Pub. L. 91-559, § 3, Dec. 19, 1970, 84 Stat. 1469.)

§ 1303. Same; required provisions.

In the agreement between the Secretary and an owner or operator, the owner or operator shall agree

(1) to place in the program for the period of the agreement eligible wetland areas he designates, which areas may include wetlands covered by a Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary;

(2) not to drain, burn, fill, or otherwise destroy the wetland character of such areas, nor to use such areas for agricultural purposes, as determined by the Secretary;

(3) to effectuate the wetland conservation and development plan for his land in accordance with the terms of the agreement, unless any requirement thereof is waived or modified by the Secretary pursuant to section 1306 of this title;

(4) to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder upon his violation of the agreement at any stage during the time he has control of the

land subject to the agreement if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the agreement:

(5) upon transfer of his right and interest in the lands subject to the agreement during the agreement period, to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder during the year of the transfer unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement;

(6) not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and

(7) to such additional provisions as the Secretary determines are desirable and includes in the agreement to effectuate the purposes of the program or to facilitate its administration. (Pub. L. 91-559, § 4, Dec. 19, 1970, 84 Stat. 1470.) § 1304. Same; annual payments; adjustment.

In return for the agreement of the owner or operator, the Secretary shall (1) make an annual payment to the owner or operator for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the owner or operator; and (2) bear such part of the average cost of establishing and maintaining conservation and development practices on the wetlands and adjacent areas for the purposes of this chapter as the Secretary determines to be appropriate. In making his determination, the Secretary shall consider, among other things, the rate of compensation necessary to encourage owners or operators of wetlands to participate in the water bank program. The rate or rates of annual payments as determined hereunder shall be increased, by an amount determined by the Secretary to be appropriate, in relation to the benefit to the general public of the use of the wetland areas, together with designated adjacent areas, if the owner or operator agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. (Pub. L. 91-559, § 5, Dec. 19, 1970, 84 Stat. 1470.)

§ 1305. Same; renewal or extension; participation of subsequent owner or operator in program.

Any agreement may be renewed or extended at the end of the agreement period for an additional period of ten years by mutual agreement of the Secretary and the owner or operator, subject to any rate redetermination by the Secretary. If during the agreement period the owner or operator sells or otherwise divests himself of the ownership or right of occupancy of such land, the new owner or operator may continue such agreement under the same terms or conditions, or enter into a new agreement in accord

ance with the provisions of this chapter, including the provisions for renewal and adjustment of payment rates, or he may choose not to participate in such program. (Pub. L. 91-559, § 6, Dec. 19, 1970, 84 Stat. 1471.)

§ 1306. Same; termination; modification.

The Secretary may terminate any agreement by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration. (Pub. L. 91-559, § 7, Dec. 19, 1970, 84 Stat. 1471.)

§ 1307. Utilization of services and facilities.

In carrying out the program, the Secretary may utilize the services of local, county, and State committees established under section 590h of this title. The Secretary is authorized to utilize the facilities and services of the Commodity Credit Corporation in discharging his functions and responsibilities under this program. (Pub. L. 91–559, § 8, Dec. 19, 1970, 84 Stat. 1471.)

§ 1308. Advisory Board; appointment; functions; membership; reimbursement for expenses.

The Secretary may, without regard to the civil service laws, appoint an Advisory Board to advise and consult on matters relating to his functions under this chapter as he deems appropriate. The Board shall consist of persons chosen from members of organizations such as wildlife organizations, landgrant colleges, farm organizations, State game and fish departments, soil and water conservation district associations, water management organizations, and representatives of the general public. Members of such an Advisory Board who are not regular fulltime employees of the United States shall be entitled to reimbursement on an actual expense basis for at

tendance at Advisory Board meetings. (Pus. L. 91559, § 9, Dec. 19, 1970, 84 Stat. 1471.)

§ 1309. Consultation with Secretary of the Interior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs. The Secretary shall consult with the Secretary of the Interior and take appropriate measures to insure that the program carried out pursuant to this chapter is in harmony with wetlands programs administered by the Secretary of the Interior. He shall also, insofar as practicable, consult with and utilize the technical and related services of appropriate local, State, Federal, and private conservation agencies to assure coordination of the program with programs of such agencies and a solid technical foundation for the program. (Pub. L. 91-559, § 10, Dec. 19, 1970, 84 Stat. 1471.)

§ 1310. Authorization of appropriations; maximum amount of payments pursuant to agreements. There are hereby authorized to be appropriated without fiscal year limitation, such sums as may be necessary to carry out the program authorized by this chapter. In carrying out the program, the Secretary shall not enter into agreements with owners and operators which would require payments to owners or operators in any calendar year under such agreements in excess of $10,000,000. (Pub. L. 91-559, § 11. Dec. 19, 1970, 84 Stat. 1471.)

§ 1311. Rules and regulations.

The Secretary shall prescribe such regulations as he determines necessary and desirable to carry out the provisions of this chapter. (Pub. L. 91-559, § 12, Dec. 19, 1970, 84 Stat. 1471.)

others concerned. (Pub. L. 89-80, § 2, July 22, 1965, 79 Stat. 244.)

§1962-1. Effect on existing laws.

Nothing in this chapter shall be construed

(a) to expand or diminish either Federal or State jurisdiction, responsibility, or rights in the field of water resources planning, development, or control; nor to displace, supersede, limit or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States, or of two or more States and the Federal Government; nor to limit the authority of Congress to authorize and fund projects;

(b) to change or otherwise affect the authority or responsibility of any Federal official in the discharge of the duties of his office except as required to carry out the provisions of this chapter with respect to the preparation and review of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects;

(c) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water and related land resources or to exercise licensing or regulatory functions in relation thereto, except as required to carry out the provisions of this chapter; nor to affect the jurisdiction, powers, or prerogatives of 'the International Joint Commission, United States and Canada, the Permanent Engineering Board and the United States Operating Entity or Entities established pursuant to the Columbia River Basin Treaty, signed at Washington, January 17, 1961, or the International Boundary and Water Commission, United States and Mexico;

(d) as authorizing any entity established or acting under the provisions hereof to study, plan, or recommend the transfer of waters between areas under the jurisdiction of more than one river basin commission or entity performing the function of a river basin commission.

(Pub. L. 89-80, § 3, July 22, 1965, 79 Stat. 244.)

§ 1962-2. Congressional statement of objectives.

It is the intent of Congress that the objectives of enhancing regional economic development, the quality of the total environment, including its protection and improvement, the well-being of the people of the United States, and the national economic development are the objectives to be included in federally financed water resource projects, and in the evaluation of benefits and cost attributable thereto, giving due consideration to the most feasible alternative means of accomplishing these objectives. (Pub. L. 91-611, title II, § 209, Dec. 31, 1970, 84 Stat. 1829.) SUBCHAPTER I.-WATER RESOURCES COUNCIL §1962a. Establishment; composition; other Federal agency participation; designation of Chairman. There is hereby established a Water Resources Council (hereinafter referred to as the "Council") which shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary

of the Army, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Sccretary of Transportation, the Administrator of the Environmental Protection Agency, and the Chairman of the Federal Power Commission. The Chairman of the Council shall request the heads of other Federal agencies to participate with the Council when matters affecting their responsibilities are considered by the Council. The Chairman of the Council shall be designated by the President. (As amended Pub. L. 94-112, § 1(a), Oct. 16, 1975, 89 Stat. 575.) AMENDMENTS

1975-Pub. L. 94-112 included in the membership of the Water Resources Council, the Secretaries of Commerce, Housing and Urban Development, and Transportation and the Administrator of the Environmental Protection Agency, and terminated the membership for the Secretary of Health, Education, and Welfare.

§ 1962a-1. Powers and duties. The Council shall

(a) maintain a continuing study and prepare an assessment biennially, or at such less frequent intervals as the Council may determine, of the adequacy of supplies of water necessary to meet the water requirements in each water resource region in the United States and the national interest therein; and

(b) maintain a continuing study of the relation of regional or river basin plans and programs to the requirements of larger regions of the Nation and of the adequacy of administrative and statutory means for the coordination of the water and related land resources policies and programs of the several Federal agencies; it shall appraise the adequacy of existing and proposed policies and programs to meet such requirements; and it shall make recommendations to the President with respect to Federal policies and programs. (Pub. L. 89-80, title I, § 102, July 22, 1965, 79 Stat. 245.)

§ 1962a-2. Establishment of principles, standards, and procedures for preparation of regional or river basin plans and Federal projects; revision of river basin planning commission plans.

The Council shall establish, after such consultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission. (Pub. L. 89-80, title I, § 103, July 22, 1965, 79 Stat. 245.)

DELEGATION OF FUNCTIONS Functions of the President under this section delegated to the Chairman of the Walter Resources Council, see section 2 of Ex. Ord. No. 11747, Nov. 7, 1973, 38 F.R. 30993, set out as a note under section 1962a-3 of this title.

§ 1962a-3. Review of river basin commission plans; report to President and Congress.

Upon receipt of a plan or revision thereof from

any river basin commission under the provisions of section 1962b-3(3) of this title, the Council shall review the plan or revision with special regard to

(1) the efficacy of such plan or revision in achieving optimum use of the water and related land resources in the area involved;

(2) the effect of the plan on the achievement of other programs for the development of agricultural, urban, energy, industrial, recreational, fish and wildlife, and other resources of the entire Nation; and

(3) the contributions which such plan or revision will make in obtaining the Nation's economic and social goals.

Based on such review the Council shall—

(Pub. L. 89-80, title I, § 104, July 22, 1965, 79 Stat. 245.)

Ex. ORD. No. 11747. DELEGATION OF PRESIDENTIAL FUNCTIONS Ex. Ord. No. 11747, Nov. 7, 1973, 38 F.R. 30993, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SECTION 1. The Director of the Office of Management and Budget is designated and empowered to exercise, without the approval, ratification, or other action of the President, the functions vested in the President by (1) sections 104(b) and 204 (3) of the Water Resources Planning Act, as amended (42 U.S.C. 1962a-3(b) and 1962b-3 (3), respectively), with respect to reviewing plans, or revisions thereof, of river basin commissions established pursuant to that act and transmitting those plans of revisions thereto to the Congress with appropriate recom mendations; and (2) section 301(b) of the same act (42 U.S.C. 1962c (b)) with respect to approving rules, procedures, arrangements, and provisions relating to coordination of Federal planning assistance programs and utilization of Federal agencies administering related programs.

SEC. 2. The Chairman of the Water Resources Council is designated and empowered to exercise, without the approval, ratification, or other action of the President, the approval function for standards and procedures vested in the President by section 103 of the Water Resources Planning Act, as amended (42 U.S.Č. 1962a-2). RICHARD NIXON.

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(a) Appropriations; matching funds. (b) Applications for grants; contents; proval of projects; basis of grants. 1961a-2. Payments to institutes; time; amount; vouchers; accounting officers; reports to Secretary of Interior; State replacement of diminished, lost, or misapplied funds.

1961a-3. Funds for printing and publishing results of research, etc., administrative planning and direction, and planning, coordinating, and conducting cooperative research.

1961a-4. Powers and duties of Secretary of Interior; administration; rules and regulations; other responsibilities.

1961a-5 Legal relationship of educational institution and State government; Federal control or direction of education.

SUBCHAPTER II-ADDITIONAL WATER RESOURCES RESEARCH PROGRAMS

1961b. Research into water problems related to the mission of the Department of the Interior. (a) Authorization of appropriations

(b) Submission to Congress of grant, contract, or arrangement

SUBCHAPTER III-MISCELLANEOUS PROVISIONS 1961c. Cooperation of Federal, State, and private agencies; availability of information.

1961c-1. Authority of Secretary of Interior over water resources research of other Federal agencies; existing authorities and responsibilities of Federal agencies unaffected.

1961c-2. Advance payments of initial expenses. 1961c-3. Availability to public of resulting information and developments a condition for expenditure of funds for scientific or technological research or development activity; background patent owners' rights.

1961c-4. Cataloging center.

1961c-5. Interagency coordination of water resources research.

1961c-6. "State" defined. 1961c-7.

Annual report by the Secretary of the Interior to the President and the Congress.

1961c-8. Excess personal property; conveyance to cooperating institutes, educational institutions, and nonprofit organizations [New].

GENERAL PROVISIONS

§ 1961. Declaration of purpose.

In order to assist in assuring the Nation at all times of a supply of water sufficient in quantity and quality to meet the requirements of its expanding population, it is the purpose of the Congress, by this chapter, to stimulate, sponsor, provide for, and supplement present programs for the conduct of research, investigations, experiments, and the training of scientists in the fields of water and of resources which affect water. (Pub. L. 88-379, § 1(b), July 17, 1964, 78 Stat. 329.)