42 U.S.C. § 1962c–2: State programs; approval…

Summary

The Council must approve a State’s program for full water and related land planning if the plan meets certain rules. The plan must cover water needs inside the State and across State lines, look ahead to future demands, and coordinate with federal, State, and local agencies and nongovernmental groups. If the State is doing statewide development planning with or without help under section 701 of the Housing Act of 1954 or chapter 2003 of title 54, the water plan must fit and coordinate with those efforts. The State must name one agency to run the program, agree to send the reports the Council reasonably asks for, explain the steps to carry out the program, and include accounting, budgeting, and other financial rules to keep funds accountable and run the program well. The Council cannot reject a program without giving the State agency fair notice and a chance for a hearing.

Title 42, §1962c–2

The Public Health and Welfare, Source: USLM XML via OLRC

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 or under chapter 2003 of title 54, 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.

Notes & Related Subsidiaries

Editorial Notes

References in 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.

Amendments

2014—Par. (2). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965”.

§1962c–2 State Programs; Approval by Council; Submission; Requirements; Notice and Hearing Prior to Disapproval