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10.904 WATERSHED PROTECTION AND FLOOD PREVENTION

(Small Watershed Program; PL-566 Operations Phase)

FEDERAL AGENCY

NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE

AUTHORIZATION

Watershed Protection and Flood Prevention Act, Public Law 83-566, 68 Stat. 666, as amended; Public Law 84-1018, 70 Stat. 1088; Public Law 85-624, 72 Stat. 563; Public Law 85-865, 72 Stat. 1605; Public Law 86-468, 74 Stat. 131, 132; Public Law 86-545, 74 Stat. 254; Public Law 87-170, 75 Stat. 408; Public Law 87-703, 76 Stat. 608; Public Law 89-337, 79 Stat. 1300; Public Law 90-361, 82 Stat. 250; Public Law 92-419, 86 Stat. 667; Public Law 95-113, 91 Stat. 913; Public Law 97-98, 95 Stat. 1213; Public Law 99-662, 100 Stat. 4196; Public Law 101-624, 104 Stat. 3359.

OBJECTIVES

To provide technical and financial assistance in carrying out works of improvement to protect, develop, and utilize the land and water resources in small watersheds.

TYPES OF ASSISTANCE

Project Grants; Advisory Services and Counseling.

USES AND USE RESTRICTIONS

Technical assistance is provided in designing, and installing watershed works of improvement. Financial assistance is provided for sharing costs of measures for watershed protection, flood prevention, agricultural water management, sedimentation control, public water based fish, wildlife, recreation; and in extending long term credit to help local interests with their share of the costs. Watershed area must not exceed 250,000 acres. Capacity of a single structure is limited to 25,000 acre-feet of total capacity and 12,500 acre-feet of floodwater detention capacity.

ELIGIBILITY REQUIREMENTS

Applicant Eligibility

Any State agency, county or groups of counties, municipality, town or township, soil and water conservation district, flood prevention or flood control district, Indian tribe or tribal organization, or any other nonprofit agency with authority under State law to carry out, maintain, and operate watershed works of improvement may apply for assistance. This program is available in Puerto Rico, the Virgin Islands, Guam, American Samoa, the Mariana Islands and the Trust Territories of the Pacific Islands.

Beneficiary Eligibility

Any State agency, county or groups of counties, municipality, town or township, soil and water conservation district, flood prevention or flood control district, Indian tribe or tribal organization, or any other nonprofit agency with authority under State law to carry out, maintain, and operate watershed works of improvement may apply for assistance. This program is available in Puerto Rico, Guam, American Samoa, the Mariana Islands, and the Trust Territories of the Pacific Islands.

Credentials/Documentation

Applications must designate the proposed project area, be properly signed and attested to by all applicants, and set forth the need for the proposed project. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.

APPLICATION AND AWARD PROCESS

Preapplication Coordination

The standard application forms, as furnished by the Federal agency and required by OMB Circular No. A-102, must be used for this program. Environmental assessments or an Environmental impact statements are required for all projects. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the Single Point of Contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure

Application forms and information are available in all NRCS offices and from designated State agencies. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure

Details of the procedure are available from the State and field offices of the Natural Resources Conservation Service.

Deadlines

None.

Range of Approval/Disapproval Time

Receipt of the application is acknowledged as soon as it is determined to be valid.

Appeals

Not applicable.

Renewals

Not applicable.

ASSISTANCE CONSIDERATIONS

Formula and Matching Requirements

Technical and financial assistance under which program funds provide certain prescribed services and costs and a percentage of other costs on the basis of a contract vary according to purpose of the works of improvement. For example, for construction costs under the Act, program funds provide 100 percent for flood prevention; up to 50 percent of agricultural water management, public recreation and fish and wildlife purposes; and none of the costs for certain other nonagricultural water management purposes. All of the applicants' installation costs are eligible for program loans. Reimbursable advances are available for preservation of sites and future municipal water supply.

Length and Time Phasing of Assistance

Continues until all works of improvement are installed or their installation is terminated by mutual agreement.

POST ASSISTANCE REQUIREMENTS

Reports

Annual operation and maintenance inspection and report.

Audits

In accordance with the provisions of 7 CFR Part 3052, "Audits of States, Local Governments, and Non-Profit Organizations," which implement OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 7 CFR 3052.

Records

Records of operation and maintenance activities are maintained for the life of the project.

FINANCIAL INFORMATION

Account Identification

Watershed and flood prevention operations, 12-1072-0-1-301.

Obligations

(Grants watershed and flood prevention operations) FY 04 $63,286,001; FY 05 est $42,482,212; and FY 06 est $0. (Salaries and Expenses, watershed and flood prevention operations) FY 04 $39,482,739; FY 05 est $37,785,604; and FY 06 est $0.

Range and Average of Financial Assistance

(per State) $0 to $2,164,000; $650,000.

PROGRAM ACCOMPLISHMENTS

In fiscal year 2000, 6 projects were approved for operations. A total of 518 projects in construction. Projects installed as planned under the program totaled 918. In fiscal year 2002, it is estimated that 8 projects will be approved for operations, 512 projects will be in construction, and 931 projects will be installed as planned under the program.

REGULATIONS, GUIDELINES, AND LITERATURE

"What is a Watershed," PA-420; "Flood Plain Management - Why We Need It," PA-1276; "Multiple- Purpose Watershed Projects," PA-575; and "Small Watershed Projects," PA- 1354.

INFORMATION CONTACTS

Regional or Local Office

For list of NRCS State offices with telephone numbers and addresses, see Appendix IV of the Catalog.

Headquarters Office

Watersheds and Wetlands Division, Natural Resources Conservation Service, Department of Agriculture, P.O. Box 2890, Washington, DC 20013. Telephone: (202) 720-3534.

Web Site Address

http://www.nrcs.usda.gov

EXAMPLES OF FUNDED PROJECTS

To date, Federal assistance for installation has been authorized on 1,651 watershed projects. This program provides technical and financial assistance to State agencies and units of local government in solving problems caused by flooding, erosion and sediment damage, conservation, development, utilization, and disposal of water, including the development of multipurpose facilities for such uses as recreation, improvement of fish and wild-life habitat, irrigation, and water supply to municipal and industrial users.

CRITERIA FOR SELECTING PROPOSALS

1) The watershed must meet the requirements of the law; 2) an approved watershed plan has been prepared; 3) the local sponsors should indicate willingness to carry out a watershed project; 4) the project has environmental, economic and social benefits that exceed the costs for a favorable benefit-cost ratio; and 5) no critical environmental issues exist.