prepared under this section will be maintained for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.

(b) Access to accounting. (1) Except for accounting of disclosures made under §§ 701.303(c)(1) and (2), accountings of all disclosures of a record will be made available to the individual to whom the record relates at his or her request. (2) An individual desiring access to accountings of disclosures of a record pertaining to him or her will submit his request by following the procedures of § 701.305.

(c) Notification of disclosure. When a record is disclosed pursuant to § 701.303(c)(11) as the result of the order of a court of competent jurisdiction, reasonable efforts will be made to notify the individual to whom the record pertains as soon as the order becomes a matter of public record.

[41 FR 8344, Feb. 26, 1976]

§ 701.312 Fees.

(a) The Council will not charge an individual for the costs of making a search for a record or the costs of reviewing the record. When the Council makes a copy of a record as a necessary part of the process of disclosing the record to an individual, the Council will not charge the individual for the cost of making that copy.

(b) If an individual requests the Council to furnish him with a copy of the record (when a copy has not otherwise been made as a necessary part of the process of disclosing the record to the individual), the Council will charge a maximum fee of $0.25 per page (maximum per page dimension of 8 x 14 inches) to the extent that the request exceeds $5.00 in cost to the Council. Requests not exceeding $5.00 in cost to the Council will be met without cost to the requester.

[40 FR 45676, Oct. 2, 1975. Redesignated at 41 FR 8344, Feb. 26, 1976]

§ 701.313 Penalties.

Title 18 U.S.C. Sec. 1001, Crimes and Criminal Procedures, makes it a criminal offense, subject to a maximum fine of $10,000 or imprisonment for

not more than 5 years or both, to knowingly and willfully make or cause to be made any false or fraudulent statements or representations in any matter within the jurisdiction of any agency of the United States. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)) makes it a misdemeanor, subject to a maximum fine of $5,000, to knowingly and willfully request or obtain any record concerning an individual under false pretenses. Section 552a(i)(1) and (2) of the Privacy Act (5 U.S.C. 552a(i)(1) and (2) provide penalties for violations by agency employees of the Privacy Act or regulations established thereunder.

[40 FR 45676, Oct. 2, 1975. Redesignated at 41 FR 8344, Feb. 26, 1976]

sive water and related land resources planning as authorized by title III of the Water Resources Planning Act (Public Law 89-80, 79 Stat. 244). The purpose of this part is to describe the method of administration of grants to States to encourage increased:

(a) State participation in FederalState comprehensive water and related land resources planning;

(b) State preparation of plans in light of regional and national plans and programs for the development and use of a State's water and related land resources;

(c) State training of personnel, where necessary, to develop additional technical planning capability.

§ 703.2 Definitions.

For purposes of administering this Part 703, the following definitions shall apply:

(a) "Act" means the Water Resources Planning Act (79 Stat. 244).

(b) "Application" means a document submitted by a State for consideration by the Council for a grant.

(c) "Augmented planning" means an increase in planning of water and related land resources undertaken by a State, measured by increased expenditures of non-Federal funds for comprehensive water and related land resources planning above the expenditure for the 12-month base period ending June 30, 1965.

(d) "Component" means one of three major subdivisions of the planning process: (1) General studies or analyses of broad utility such as of population, economics, geology, or soils, and inventories that are needed in comprehensive planning; (2) specialized studies, such as for water pollution, recreation, water and sewer programs, and flood control; and (3) plan formulation, including feasibility studies of specific projects.

(e) "Comprehensive water and related land resources planning" as applied to the State planning effort, means those overall activities, investigations, and studies (1) necessary for making coordinated decisions relating to the conservation, control, management, and use, including preservation as well as development, of water and related

land resources (including flood plains, coastal and estuarine areas) within a State or a region, intrastate or interstate in nature; (2) which consider the potential for all water and related land resources use from the standpoint of present and future needs; and (3) which include provision for participation by all public and private agencies or interests that may affect or be affected by resource management. Such planning may include the process of selecting between alternative proposals and may consider institutional changes leading toward implementation of the selected plan.

(f) "Council" means the Water Resources Council established by section 101 of the Act.

State agency"

(g) "Designated means a permanent agency of a State designated by State law or, in the absence of such State law, by the Governor to administer and coordinate a State comprehensive water and related land resources planning program and to act as liaison with the Council. (h) "Director" means the principal executive officer of the Council.

(i) "Fiscal year" means a 12-month period ending on June 30, unless otherwise specified.

(j) "Land area of a State" means the land and inland water area of a State as defined and set forth in Table 3 on pp. 263-264 of Boundaries of the United States and the Several States, Geological Survey Bulletin 1212, U.S. Government Printing Office, Washington, 1966, or revisions thereof.

(k) "Per capita income of a State" means the average of the most recent 3 years of official U.S. Department of Commerce per capita income figures for the State.

(1) "Population of a State" means the latest official estimate of the U.S. Department of Commerce available on or before January 1 preceding the fiscal year for which funds are appropriated.

(m) "Program" means a coordinated set of planning activities designed to accomplish the best use, development, management, control, conservation, and preservation of the water and related land resources of a State in accordance with the criteria enumerated

in section 303 of the Act. A program may be divided into elements, based on geography, political subdivisions, or kind of development, and may include appropriate administration and training of personnel.

(n) "Related land resources" means that land on which present or projected use or management practices cause significant effects on the quantity and/or quality of the water resource, and that land the use or management of which is significantly affected by or depends on existing and proposed measures for management, development or use of water resources.

(o) "State" means a State, the District of Columbia, Puerto Rico, or the Virgin Islands.

(a) An allotment of funds may be awarded to any State after a written application is approved by the Council. Within limitations prescribed by paragraph (b) of this section, the Council may grant up to 50 percent of the cost of a State's approved planning program. The non-Federal funds which comprise a portion of the cost of the approved program shall be eligible to match an allotment made from the Council only to the extent of increases in the non-Federal expenditures of the program above those incurred during a "base period" of one year ending June 30, 1965. In exceptional circumstances the Council may approve a longer base period. In addition, the base period may be adjusted because some States have different terminating dates for their fiscal year, but in no event can the base period terminate after June 30, 1965. Once established, the base level of expenditures for such a period is intended to remain as the base for calculating nonFederal funds eligible for matching.

(b) The funds appropriated pursuant to section 301(a) of the Act for any fiscal year for grants to States shall be allotted among the participating

States in accordance with section 302(a) of the Act as follows:

(1) Seven and a half percent of the funds in the ratio that the population of each State bears to the population of all the States.

(2) Seven and a half percent of the funds in the ratio that the land area of each State bears to the land area of all the States.

(3) Fifteen percent of the funds in the ratio that the reciprocal of all per capita income of a State bears to the sum of the reciprocals for all States, and

(4) Seventy percent of the funds according to need for comprehensive water and related land resources planning programs in each State as determined by the Council.

(c) In determining the need of a State for comprehensive water and related land resources planning as specified in paragraph (b)(4) of this section, the Council shall consider the following:

(1) The participation in and contribution to regional and river basin planning for water and related land resource use and development,

(2) Active involvement in the development of a comprehensive State water plan or components of a State plan,

(3) The scope, magnitude, complexity and immediacy of the water and related land resources problems, and

(4) Other factors determined to be relevant to carry out State contribution to comprehensive planning related to paragraph (c)(1) (2) and (3) of this section which include but are not limited to (i) training of personnel; (ii) use of comprehensive planning methodology which takes into account, economic, environmental, social wellbeing and other relevant factors; (iii) extent of public participation in the planning process; (iv) extent of cooperation with adjacent States in water and related land resources planning; and (v) relationship of ongoing and proposed studies by various Federal agencies which require input by the State and cooperation and coordination of study efforts with concerned State and local agencies.

(d) Within 30 days after publication of the President's Budget each year, the Council shall publish a tabulation showing the tentative distribution of funds to each State of the amounts computed under paragraphs (b) (1), (2), and (3) of this section. This computation is based on the appropriation requested by the President for the next fiscal year. This publication does not confer entitlement to such funds; it is simply a preliminary figure that can be used by the States for budgetary planning purposes.

(e) Before any allotment may be paid, a State must submit and obtain Council approval of its application. Commitments for financial assistance are made only on the basis of an approved application and the availability of funds appropriated by the Congress.

(f) Because of the need to make funds available promptly for use by the States, the Council will distribute funds to the participating States as soon as possible after July 1 each year. [35 FR 12110, July 29, 1970, as amended at 39 FR 31897, Sept. 4, 1974]

§ 703.4 Procedures for applications.

(a) New applications. Within 90 days after publication of the tentative allotments for any fiscal year, any State not having a program already approved for the coming fiscal year and interested in obtaining a grant for the following fiscal year for comprehensive water and related land resources planning shall submit to the Council an application which conforms to § 703.5. The detailed program of this application may be for one or more years or for a whole planning program leading to a completed State plan. Budget estimates may be shown for more than 1 year, with the understanding that except for the first year they are only estimates and subject to annual amendment and resubmission for approval.

(b) Annual supplemental applications. During any multiyear period for which a program has been approved, each State shall submit by the 90-day deadline each year any substantive amendments to the approved program

that are proposed, and a budget for the coming fiscal year.

(c) Renewed applications. When a detailed program covering more than 1 year has been approved by the Council, a new application as outlined in § 703.5 will be required for any additional period.

§ 703.5 Contents of applications.

A new or renewed application submitted by a State for approval shall present concise statements and, where helpful or necessary, charts or tabulations conveying information needed by the Council. A detailed form for preparation of the application, conforming to the following outline, will be supplied to the applicant:

(a) Name of State.

(b) Designated State agency: Name the designated State agency, and give name, title, and address of the chief officer of the agency.

(c) Authority: Cite the statutory or other authority of the designated agency to administer or perform water and related land resources planning in accord with the Act.

(d) Coordination:

(1) Include assurances that:

(i) In carrying out the State water and related land resources planning program, consideration will be given to relationships to other planning by the State or other governmental entities within the State with the view of attaining consistency among the several planning programs;

(ii) The economic and other relevant assumptions and projections to be used will be in harmony with those of other planning programs;

(iii) Optimum joint use will be made of equipment, personnel, and existing data among the various State planning programs; and

(iv) Steps taken, and to be taken, by the State will provide for statewide coordination of comprehensive water and related land resources planning with other comprehensive planning efforts in accord with section 303(2) of the Act, and Bureau of the Budget Circular No. A-95 (July 1969), including a provision that the Governor of the State will be given opportunity to review and comment on the proposed

boundaries of multijurisdictional planning areas.

(2) Show also the steps to be taken for coordination of the State program with:

(i) Comprehensive statewide planning being carried on with assistance of grants made under section 701 of the Housing Act of 1954, as amended (68 Stat. 590); under the Land and Water Conservation Fund Act of 1965 (78 Stat. 897); under section 314(a) and 314(b) of the Comprehensive Health Planning and Public Health Service Amendments of 1966 (80 Stat. 1180), for statewide and areawide comprehensive health planning; under section 206 of the Solid Waste Disposal Act (78 Stat. 678); under sections 105 and 106 of the Clean Air Act (80 Stat. 416);

(ii) The work of commissions created under title II of the Act (79 Stat. 244) insofar as areas in the State are covered by such commissions;

as

(iii) Water pollution control programs in the State, including those conducted pursuant to the Federal Water Pollution Control Act, amended (75 Stat. 204), and those developed by the Federal Water Quality Administration as a part of comprehensive, coordinated, joint plans for river basins done in accordance with section 201(b)(2) of the Act and as authorized by other acts;

(iv) Comprehensive water and related land resources planning, relating to economic development planning conducted within the State in accordance with titles III, IV, and V of the Public Works and Economic Development Act of 1965 (79 Stat. 552) and in accordance with section 206 of the Appalachian Regional Development Act of 1965 (79 Stat. 5);

(v) Comprehensive planning for the development of water and sewer systems in rural areas under the Consolidated Farmers Home Administration Act of 1961 (75 Stat. 307), as amended;

(vi) Research done under the Water Resources Research Act (78 Stat. 329).

(e) Participating State agencies: List all State agencies administered or coordinated by the designated State agency and indicate whether each agency will be assisted by Federal funds granted under title III. Indicate

also how coordination by the designated agency is related to the State "clearing house" agency established in compliance with Bureau of the Budget Circular No. A-95 (July 1969).

(f) Relationship to other State agencies: Describe how the planning to be done by the designated and participating State agencies is related to that to be done by other State planning and development organizations, such as intrastate river basin commissions and authorities, and special agencies in the State which have particular watershed or river basin jurisdictions or functions. This description should also provide for coordination with comprehensive statewide development planning, whether or not such planning receives Federal financial assistance.

(g) Relationship to Federal and Federal-State planning programs: Describe how the State's planning work will be coordinated with related work of Federal and Federal-State planning programs.

(h) Need for augmented planning: Include statements on at least the criteria set forth in § 703.3(c) (1), (2), (3), and (4) to assist the Council in appraising the need for comprehensive water and related land resources planning among the States for the purpose of allotting the 70 percent of Federal Title III funds available for distribution on the basis of planning need.

(i) Planning procedure: Describe the overall State program for comprehensive planning for water and related land resources development for which a title III grant is sought, including its expected duration. Summarize the steps to be followed in completing the State plan, projected on a year to year basis to the extent possible. Describe the major steps in planning, including provisions for obtaining necessary economic projections and other basic data. A flow chart or charts depicting the contemplated rate of progress in completing work within the various categories will be helpful.

(j) Detailed program: Outline specifically the planning program scheduled for the coming fiscal year or years for which Council approval is requested. Show for each of the several substantive components of the plan