View all text of Subchapter IV [§ 422a - § 422l]
§ 422d. Contents of proposals
(a) Plans and estimates; review by States; allocation of capital costs
(b) Lands and water rights; ownership; financing
(1) Every such proposal shall include a showing that the organization already holds or can acquire all lands and interests in land (except public and other lands and interests in land owned by the United States which are within the administrative jurisdiction of the Secretary and subject to disposition by him) and rights, pursuant to applicable State law, to the use of water necessary for the successful construction, operation, and maintenance of the project and that it is ready, able, and willing to finance otherwise than by loan and grant of Federal funds such portion of the cost of the project (which portion shall include all costs of acquiring lands, interests in land, and rights to the use of water), except as provided in section 422e(b)(2) of this title as the Secretary shall have advised is proper in the circumstances.
(2) The Secretary shall require each organization to contribute toward the cost of the project (other than by loan and/or grant of Federal funds) an amount equal to 25 percent or more of the allowable estimated cost of the project: Provided, That the Secretary, at his discretion, may reduce the amount of such contribution to the extent that he determines that the organization is unable to secure financing from other sources under reasonable terms and conditions, and shall include letters from lenders or other written evidence in support of any funding of an applicant’s inability to secure such financing in any project proposal transmitted to the Congress: Provided further, That under no circumstances shall the Secretary reduce the amount of such contribution to less than 10 percent of the allowable estimated total project costs. In determining the amount of the contribution as required by this paragraph, the Secretary shall credit toward that amount the cost of investigations, surveys, engineering, and other services necessary to the preparation of proposals and plans for the project as required by the Secretary, and the costs of lands and rights-of-way required for the project, and the $5,000 fee described in section 422c of this title. In determining the allowable estimated cost of the project, the Secretary shall not include the amount of grants accorded to the organization under section 422e(b) of this title.
(c) Transmittal of findings and approval to Congress; certification of soil survey; reservation of land
(d) Amount of loan and/or grant; increase by Secretary
(e) Appropriation; nonapplicability
(f) Consideration of financial feasibility, emergency, or urgent need; jurisdiction and control of project works and facilities
(Aug. 6, 1956, ch. 972, § 4, 70 Stat. 1044; Pub. L. 85–47, § 1(a), (b), June 5, 1957, 71 Stat. 48; Pub. L. 89–553, § 1(2), (3), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92–167, § 1(2), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, § 1(c)–(e), Dec. 27, 1975, 89 Stat. 1049, 1050; Pub. L. 99–546, title III, §§ 304, 305, Oct. 27, 1986, 100 Stat. 3053, 3054; Pub. L. 103–437, § 16(b), Nov. 2, 1994, 108 Stat. 4594.)