Water Resources Planning Act (42 U.S.C. 1962-1962d-22)

103 WATER RESOURCES PLANNING ACT Q:\COMP\WATER1\WRPA December 29, 2000 Q:\COMP\WATER1\WRPA December 29, 2000 105 WATER RESOURCES PLANNING ACT [As Amended Through P.L. 106–580, Dec. 29, 2000] AN ACT To provide for the optimum development of the Nation’s natural resources through the coordinated planning of water and related land resources, through the establishment of a water resources council and river basin commissions, and by providing financial assistance to the States in order to increase State participa tion in such planning. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION. 1. This Act may be cited as the ‘‘Water Resources Planning Act’’. (42 U.S.C. 1962 nt) STATEMENT OF POLICY SEC. 2. In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of the Congress to encourage the conservation, development, and utilization of water and related land resources of the United States on a comprehensive and coordinated basis by the Federal Govern ment, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments, individ uals, corporations, business enterprises, and others concerned. (42 U.S.C. 1962) EFFECT ON EXISTING LAWS SEC. 3. Nothing in this Act shall be construed— (a) to expand or diminish either Federal or State jurisdic tion, 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 re sponsibility 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 author ize and fund projects; (b) to change or otherwise affect the authority or responsi bility of any Federal official in the discharge of the duties of his office except as required to carry out the provisions of this Act with respect to the preparation and review of comprehen sive regional or river basin plans and the formulation and eval uation of Federal water and related land resources projects; Q:\COMP\WATER1\WRPA December 29, 2000 106Sec. 101 WATER RESOURCES PLANNING ACT (c) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies which are author ized 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 Act; 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 pursu ant 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. (42 U.S.C. 1962–1) TITLE I—WATER RESOURCES COUNCIL SEC. 101. There is hereby established a Water Resources Coun cil (hereinafter referred to as the ‘‘Council’’) which shall be com posed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Commerce, the Sec retary of Housing and Urban Development, the Secretary of Trans portation, the Administrator of the Environmental Protection Agen cy, 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. (42 U.S.C. 1962a) SEC. 102. The Council shall— (a) maintain a continuing study and prepare an assess ment biennially, or at such less frequent intervals as the Coun cil may determine, of the adequacy of supplies of water nec essary 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 larg er regions of the Nation and of the adequacy of administrative and statutory means for the coordination of the water and re lated land resources policies and programs of the several Fed eral 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 re spect to Federal policies and programs. (42 U.S.C. 1962a–1) SEC. 103. (a) The Council shall establish, after such consulta tion with other interested entities, both Federal and non-Federal, Q:\COMP\WATER1\WRPA December 29, 2000 107 Sec. 105WATER RESOURCES PLANNING ACT as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal partici pants 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 provi sion 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. (b) The Council shall develop standards and criteria for eco nomic evaluation of water resource projects. For the purpose of those standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the sav ings to shippers using the waterway and the estimated traffic that would use the waterway. ‘‘Savings to shippers’’ means the dif ference between (1) the freight rates or charges prevailing at the time of the study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Esti mated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area. (42 U.S.C. 1962a–2) SEC. 104. Upon receipt of a plan or revision thereof from any river basin commission under the provisions of section 204(3) of this Act, the Council shall review the plan or revision with special regard to— (1) the efficacy of such plan or revision in achieving opti mum use of the water and related land resources in the area involved; (2) the effect of the plan on the achievement of other pro grams for the development of agricultural, urban, energy, in dustrial, 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— (a) formulate such recommendations as it deems desirable in the national interest; and (b) transmit its recommendations, together with the plan or revision of the river basin commission and the views, com ments and recommendations with respect to such plan or revi sion submitted by any Federal agency, Governor, interstate commission, or United States section of an international com mission, to the President for his review and transmittal to the Congress with his recommendations in regard to authorization of Federal projects. (42 U.S.C. 1962a–3) SEC. 105. (a) For the purpose of carrying out the provisions of this Act, the Council may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its pro ceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the Q:\COMP\WATER1\WRPA December 29, 2000 108Sec. 201 WATER RESOURCES PLANNING ACT 1 So in original. Section 1(b) of Public Law 94–112, 89 Stat. 575, inserted new text in place of the words ‘‘to exceed $100 per diem for individuals’’. The amendment inserted a semicolon at the end of the inserted material. The extra semicolon probably should be deleted. United States mails in the same manner and upon the same condi tions as other departments and agencies of the United States; (4) employ and fix the compensation of such personnel as it deems ad visable, in accordance with the civil service laws and Classification Act of 1949, as amended; (5) procure services as authorized by sec tion 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not in excess of the daily equivalent of the rate prescribed for grade GS–18 under section 5332 of title 5 of the United States Code in the case of individual experts or consultants;; 1 (6) purchase, hire, operate, and maintain passenger motor vehicles; and (7) incur such necessary expenses and exercise such other powers as are con sistent with and reasonably required to perform its functions under this Act. (b) Any member of the Council is authorized to administer oaths when it is determined by a majority of the Council that testi mony shall be taken or evidence received under oath. (c) To the extent permitted by law, all appropriate records and papers of the Council may be made available for public inspection during ordinary office hours. (d) Upon request of the Council, the head of any Federal de partment or agency is authorized (1) to furnish to the Council such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such Council on a reim bursable basis such personnel within his administrative jurisdic tion as it may need or believe to be useful for carrying out its func tion, each such detail to be without loss of seniority, pay, or other employee status. (e) The Council shall be responsible for (1) the appointment and supervision of personnel, (2) the assignment of duties and re sponsibilities among such personnel, and (3) the use and expendi tures of funds. (42 U.S.C. 1962a–4) TITLE II—RIVER BASIN COMMISSIONS CREATION OF COMMISSIONS SEC. 201. (a) The President is authorized to declare the estab lishment of a river basin water and related land resources commis sion upon request therefor by the Council, or request addressed to the Council by a State within which all or part of the basin or ba sins concerned are located if the request by the Council or by a State (1) defines the area, river basin, or group of related river ba sins for which a commission is requested, (2) is made in writing by the Governor or in such manner as State law may provide, or by the Council, and (3) is concurred in by the Council and by not less than one-half of the States within which portions of the basin or basins concerned are located and, in the event the Upper Colorado River Basin is involved, by at least three of the four States of Colo rado, New Mexico, Utah, and Wyoming or, in the event the Colum Q:\COMP\WATER1\WRPA December 29, 2000 109 Sec. 202WATER RESOURCES PLANNING ACT 1 So in original. The semicolons probably should be periods. bia River Basin is involved, by at least three of the four States of Idaho, Montana, Oregon, and Washington. Such concurrences shall be in writing. (b) Each such commission for an area, river basin, or group of river basins shall, to the extent consistent with section 3 of this Act— (1) serve as the principal agency for the coordination of Federal, State, interstate, local and nongovernmental plans for the development of water and related land resources in its area, river basin, or group of river basins; (2) prepare and keep up to date, to the extent practicable, a comprehensive, coordinated, joint plan for Federal, State, interstate, local and nongovernmental development of water and related resources: Provided, That the plan shall include an evaluation of all reasonable alternative means of achieving op timum development of water and related land resources of the basin or basins, and it may be prepared in stages, including recommendations with respect to individual projects; (3) recommend long-range schedules of priorities for the collection and analysis of basic data and for investigation, planning, and construction of projects; and (4) foster and undertake such studies of water and related land resources problems in its area, river basin, or group of river basins as are necessary in the preparation of the plan de scribed in clause (2) of this subsection. (42 U.S.C. 1962b) MEMBERSHIP OF COMMISSIONS SEC. 202. Each river basin commission shall be composed of members appointed as follows: (a) A chairman appointed by the President who shall also serve as chairman and coordinating officer of the Federal members of the commission and who shall represent the Federal Government in Federal-State relations on the commission and who shall not, dur ing the period of his service on the commission, hold any other po sition as an officer or employee of the United States, except as a retired officer or retired civilian employee of the Federal Govern ment; 1 (b) One member from each Federal department or independent agency determined by the President to have a substantial interest in the work to be undertaken by the commission, such member to be appointed by the head of such department or independent agen cy and to serve as the representative of such department or inde pendent agency; 1 (c) One member from each State which lies wholly or partially within the area, river basin, or group of river basins for which the commission is established, and the appointment of each such mem ber shall be made in accordance with the laws of the State which he represents. In the absence of governing provisions of State law, such State members shall be appointed and serve at the pleasure of the Governor; 1 Q:\COMP\WATER1\WRPA December 29, 2000 110Sec. 203 WATER RESOURCES PLANNING ACT (d) One member appointed by any interstate agency created by an interstate compact to which the consent of Congress has been given, and whose jurisdiction extends to the waters of the area, river basin, or group of river basins for which the river basin com mission is created; 1 (e) When deemed appropriate by the President, one member, who shall be appointed by the President, from the United States section of any international commission created by a treaty to which the consent of the Senate has been given, and whose juris diction extends to the waters of the area, river basin, or group of river basins for which the river basin commission is established. (42 U.S.C. 1962b–1) ORGANIZATION OF COMMISSIONS SEC. 203. (a) Each river basin commission shall organize for the performance of its functions within ninety days after the Presi dent shall have declared the establishment of such commission, subject to the availability of funds for carrying on its work. A com mission 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) State members of each commission shall elect a vice chair man, 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 in a commission shall not affect its powers but shall be filled in the same manner in which the original appoint ments were made: Provided, That the chairman and vice chairman may designate alternates to act for them during temporary ab sences. (d) 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 con sensus, 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 bylaw adopted by the commission or in the absence of a consensus, to fix the times and places for meetings, to set deadlines for the submis sion 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. (42 U.S.C. 1962b–2) Q:\COMP\WATER1\WRPA December 29, 2000 111 Sec. 205WATER RESOURCES PLANNING ACT DUTIES OF THE COMMISSIONS SEC. 204. Each river basin commission shall— (1) engage in such activities and make such studies and in vestigations as are necessary and desirable in carrying out the policy set forth in section 2 of this Act and in accomplishing the purposes set forth in section 201(b) of this Act; (2) submit to the Council and the Governor of each partici pating State a report on its work at least once each year. Such report shall be transmitted through the President to the Con gress. After such transmission, copies of any such report shall be sent to the heads of such Federal, State, interstate, and international agencies as the President or the Governors of the participating States may direct; (3) submit to the Council for transmission to the President and by him to the Congress, and the Governors and the legisla tures of the participating States a comprehensive, coordinated, joint plan, or any major portion thereof or necessary revisions thereof, for water and related land resources development in the area, river basin, or group of river basins for which such commission was established. Before the commission submits such a plan or major portion thereof or revision thereof to the Council, it shall transmit the proposed plan or revision to the head of each Federal department or agency, the Governor of each State, and each interstate agency, from which a member of the commission has been appointed, and to the head of the United States section of any international commission if the plan, portion or revision deals with a boundary water or a river crossing a boundary, or any tributary flowing into such bound ary water or river, over which the international commission has jurisdiction or for which it has responsibility. Each such department and agency head, Governor, interstate agency, and United States section of an international commission shall have ninety days from the date of the receipt of the proposed plan, portion, or revision to report its views, comments, and recommendations to the commission. The commission may modify the plan, portion, or revision after considering the re ports so submitted. The views, comments, and recommenda tions submitted by each Federal department or agency head, Governor, interstate agency, and United States section of an international commission shall be transmitted to the Council with the plan, portion, or revision; and (4) submit to the Council at the time of submitting such plan, any recommendations it may have for continuing the functions of the commission and implementing the plan, in cluding means of keeping the plan up to date. POWERS AND ADMINISTRATIVE PROVISIONS OF THE COMMISSIONS SEC. 205. (a) For the purpose of carrying out the provisions of this title, each river basin commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its pro ceedings and reports thereon as it may deem advisable; Q:\COMP\WATER1\WRPA December 29, 2000 112Sec. 205 WATER RESOURCES PLANNING ACT 1 Extra comma so in law. See section 1(c) of P.L. 94–112, 89 Stat. 575. (2) acquire, furnish, and equip such office space as is nec essary; (3) use the United States mails in the same manner and upon the same conditions as departments and agencies of the United States; (4) employ and compensate such personnel as it deems ad visable, including consultants, at rates not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code,, 1 and retain and compensate such professional or technical service firms as it deems advisable on a contract basis; (5) arrange for the services of personnel from any State or the United States, or any subdivision or agency thereof, or any intergovernmental agency; (6) make arrangements, including contracts, with any par ticipating government, except the United States or the District of Columbia, for inclusion in a suitable retirement and em ployee benefit system of such of its personnel as may not be eligible for or continuing in another governmental retirement or employee benefit system, or otherwise provide for such cov erage of its personnel; (7) purchase, hire, operate, and maintain passenger motor vehicles; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to per form its functions under this Act. (b) The chairman of a river basin commission, or any member of such commission designated by the chairman thereof for the pur pose, is authorized to administer oaths when it is determined by a majority of the commission that testimony shall be taken or evi dence received under oath. (c) To the extent permitted by law, all appropriate records and papers of each river basin commission shall be made available for public inspection during ordinary office hours. (d) Upon request of the chairman of any river basin commis sion, or any member or employee of such commission designated by the chairman thereof for the purpose, the head of any Federal de partment or agency is authorized (1) to furnish to such commission such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (e) The chairman of each river basin commission shall, with the concurrence of the vice chairman, appoint the personnel em ployed by such commission, and the chairman shall, in accordance with the general policies of such commission with respect to the work to be accomplished by it and the timing thereof, be respon sible for (1) the supervision of personnel employed by such commis sion, (2) the assignment of duties and responsibilities among such Q:\COMP\WATER1\WRPA December 29, 2000 113 Sec. 207WATER RESOURCES PLANNING ACT 1 So in law. Section enacted without a section heading. See P.L. 89–90, 79 Stat. 250. personnel, and (3) the use and expenditure of funds available to such commission. (42 U.S.C. 1962b–4) COMPENSATION OF COMMISSION MEMBERS SEC. 206. (a) Any member of a river basin commission ap pointed pursuant to section 202 (b) and (e) of this Act 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) Members of a commission, appointed pursuant to section 202 (c) and (d) of this Act, shall each receive such compensation as may be provided by the States or the interstate agency respec tively, which they represent. (c) 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 max imum scheduled rate for grade GS–18 of the Classification Act of 1949, as amended; or when engaged in the performance of the com mission’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. (42 U.S.C. 1962b–5) SEC. 207. 1 (a) 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 budg et annually and transmit it to the Council and the States. Esti mates of proposed appropriations from the Federal Government shall be included in the budget estimates submitted by the Council under the Budgeting and Accounting Act of 1921, as amended, and may include an amount for advance to a commission against State appropriations for which delay is anticipated by reason of later leg islative 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) A commission may accept for any of its purposes and func tions 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) 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 inde pendent certified or licensed public accountants, certified or li censed by a regulatory authority of a State, and the report of the Q:\COMP\WATER1\WRPA December 29, 2000 114Sec. 301 WATER RESOURCES PLANNING ACT 1 So in law. Section enacted without a section heading. 2 Section 1(d) of Public Law 94–112, 89 Stat. 575 amended section 301(a) by deleting ‘‘for the next fiscal year beginning after the date of the enactment of this Act, and for the nine suc ceeding fiscal years thereafter’’ and inserting ‘‘for fiscal years 1977 and 1978’’. The word ‘‘the’’ between ‘‘of’’ and ‘‘enactment’’ does not appear in the Act and the amendment could not be exe cuted. 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 reason able times for inspection by representatives of the jurisdictions and agencies which make appropriations, donations, or grants to the commission. (42 U.S.C. 1962b–6) TITLE III—FINANCIAL ASSISTANCE TO THE STATES FOR COMPREHENSIVE PLANNING GRANT AUTHORIZATIONS SEC. 301. 1 (a) In recognition of the need for increased partici pation 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 en actment of this Act, and for the nine succeeding fiscal years there after, 2 $5,000,000 in each such year for grants to States to assist them in developing and participating in the development of com prehensive water and related land resources plans. (b) The Council, with the approval of the President, shall pre scribe such rules, establish such procedures, and make such ar rangements and provisions relating to the performance of its func tions 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. (42 U.S.C. 1962c) 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 com prehensive 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 Sur vey. (b) From each State’s allotment under this section for any fis cal 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 Q:\COMP\WATER1\WRPA December 29, 2000 115 Sec. 304WATER RESOURCES PLANNING ACT personnel for carrying out such program and the cost of admin istering such program. (42 U.S.C. 1962c–1) STATE PROGRAMS SEC. 303. The Council shall approve any program for com prehensive water and related land resources planning which is sub mitted 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 devel opment, with adequate provision for coordination with all Fed eral, 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 be tween comprehensive water resources planning and other statewide planning programs and for assurances that such water resources planning will be in conformity with the gen eral 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 appro priate accountability of the funds and for the proper and effi cient 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. (42 U.S.C. 1962c–2) 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 com plies 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 Q:\COMP\WATER1\WRPA December 29, 2000 116Sec. 305 WATER RESOURCES PLANNING ACT 1 So in original. Probably should be ‘‘facilitate’’. will no longer be any such failure. Until the Council is so satisfied, it shall make not further payments to such State under this title. (42 U.S.C. 1962c–3) PAYMENTS SEC. 305. The method of computing and paying amounts pur suant to this title shall be as follows: (1) The Council shall, prior to the beginning of each cal endar 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 in vestigation, 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 pe riod, 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 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 de termine. (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, the Virgin Islands or Guam. (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 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 faclitate 1 an effective audit. (b) The Chairman of the Council and the Comptroller General of the United States, or any of their duly authorized representa tives, 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. (42 U.S.C. 1962c–6 Q:\COMP\WATER1\WRPA December 29, 2000 117 Sec. 402WATER RESOURCES PLANNING ACT 1 Section 1(a) of P.L. 95–404 (92 Stat. 864) struck ‘‘Not to exceed $6,000,000 for fiscal year 1978’’ and inserted ‘‘The sum’’ through ‘‘1979’’. The word ‘‘Not’’ in the matter deleted probably should have been lowercase. 2 So in original. Probably should end with ‘‘and’’. 3 Section 1(c) of P.L. 95–404 (92 Stat. 864) probably should have struck out the word ‘‘not’’ in lowercase and added the words ‘‘regional or’’ between the words ‘‘such’’ and ‘‘river’’ in the mat ter proposed to be struck. TITLE IV—MISCELLANEOUS SEC. 401. There are authorized to be appropriated to the Water Resources Council: (a) The sum of $2,886,000 for fiscal year 1979 1 for the Federal share of the expenses of administration and operation of river basin commissions, including salaries and expenses of the chairmen, but not including funds authorized by subsection (c) below: Provided, That not more than $750,000 annually shall be available under this subsection for any single river basin commission; (b) the sum of $2,668,000 for fiscal year 1979 for the ex penses of the Water Resources Council in administering this Act, not including funds authorized by subsection (c) below; 2 (c) The sum of $3,179,900 for fiscal year 1979 for prepara tion of assessments, and for directing and coordinating the preparatin of such river basin plans as the Council determines are necessary and desirable in carrying out the policy of this Act: Provided, That $828,900 shall be available under this sub section for preparation of the Columbia River Estuary Special Study: Provided further, That $308,000 shall be available under this subsection for preparation of the New England Port and Harbor Study and $135,000 shall be available for comple tion of the Hudson River Basin Level B Study: Provided fur ther, That $150,000 shall be available under this subsection for completion of Case Studies of the Application of Cost Sharing Policy Options for Flood Plain Management in the Connecticut River Basin: Provided further, 3 That not more than $2,500,000 shall be available under this subsection for the preparation of assessments: Provided further, That the Council may transfer funds authorized by this subsection to river basin commissions and to Federal and State agencies upon such terms and condi tions as it determines are necessary and desirable to carry out the above functions in an economical, efficient, and timely manner, and that such commissions and agencies are hereby authorized to receive and expend such funds pursuant to this subsection. (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. (42 U.S.C. 1962d–1) Q:\COMP\WATER1\WRPA December 29, 2000 118Sec. 403 WATER RESOURCES PLANNING ACT DELEGATION OF FUNCTIONS SEC. 403. The Council is authorized to delegate to any member or employee of the Council its administrative functions under sec tion 105 and the detailed administration of the grant program under title III. (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 offi cers and employees of such agency on a reimbursable basis as are necessary to carry out the provisions of this Act. (42 U.S.C. 1962d–3) Q:\COMP\WATER1\WRPA December 29, 2000