USDA Natural Resources Conservation Service PL566 Small Watershed Program

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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Introduction

• The Watershed Protection and Flood Prevention Act
  (Public Law 83-566) authorized in 1954.
• Initially enacted in response to serious damages
  to streams and floodplains caused by severe
  flooding.

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Introduction (continued)

• Secretary of Agriculture to provide technical and
  financial assistance to local organizations for
  planning and carrying out watershed projects.
• Watershed areas less than 250,000 acres in size
  are eligible for assistance under the authorities
  of this program.
• No structure providing more than 12,500 acre-feet
  of floodwater detention capacity or more than
  25,000 acre-feet of total capacity

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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Eligible Purposes

• Flood Prevention

• Watershed Protection

• Water Management

• Ground Water Recharge

• Water Quality

• Water Supply

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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Sponsor Responsibilities

• Project sponsors shall be entities legally
  organized under state law, or any Indian tribe or
  tribal organization having the authority to carry
  out, operate and maintain works of improvements
• the authority to levy taxes or use other adequate
  funding sources to finance their share of the
  project cost

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Sponsor Responsibilities (continued)

• Responsible for all necessary permits needed for
  project implementation
• Responsible for acquiring all land rights needed
  for implementation of any structural measures
• the power of eminent domain

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Examples of Project Sponsors

• Soil and Water Conservation Districts
• Counties
• Municipalities
• State Agencies
• Watershed Districts
• Drainage Districts
• Irrigation Districts
• Other special purpose districts

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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Financial Assistance Available Through PL-566

• Purpose Technical Assistance
  Construction Real Property 1/
• Watershed 100
  65 N/A
• Protection
• Flood Prevention 100
  1003/ 0
• Agriculture Water 100
  up to 50 0
• Management
• Nonagricultural Water 100
  up to 50 up to 50
• Management
• Public Recreation 100
  up to 50 up to 50
• Recreation Facilities up to 50
  up to 50
  up to 50

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Financial Assistance Available Through PL-566
Purpose Technical Assistance
Construction Real Property
1/ Groundwater 100
up to 50 0 Recharge
The operation maintenance and replacement of
projects features is the responsibility of the
project sponsors.
1/ includes land rights, water rights, roads and
utilities. 2/ Current cost share rate - may not
exceed that of other programs. 3/ Implementation
of nonstructural measures require 25 percent
nonfederal cost share. 4/ Up to 50 percent is
authorized by the Act, but present policy
prohibits cost sharing. Financial assistance
for nonfederal costs may be available through the
Rural Development Administration.
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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Planning Process / Application

• Preapplication
• A written request is sent to the State
  Conservation for assistance by the
• SLO when water resource problems or needs are
  recognized.
• Upon receipt of their request, when personnel
  and funds are available, the
• State Conservationist conducts a preliminary
  investigation of the
• watershed. As part of this study, an
  environmental evaluation is begun
• using the interdisciplinary team approach.
• The purpose of this study is to provide
  reasonable assurance that a feasible
• plan can be developed and that assistance may
  be provide through PL-566.

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Planning Process / Application continues

• Application for Assistance
• If the preliminary investigation and
  environmental evaluation indicate that the
• watershed has PL-566 project potential the
  sponsors may submit a formal
• application for assistance.
• The application must be circulated for review
  by concerned state and federal
• agencies, and approved by the state agency
  designated to approve PL-566
• applications, before planning may proceed.

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Planning Process / Application continues

• Project Planning
• After receiving a valid application for
  assistance, the State Conservationist
• prepares a Preauthorization Planning Report
  for the watershed. This report
• summarizes the results of planning to date,
• identifies at least one feasible alternative
  solution, and
• include a plan of work to complete the planning
  process.
• When Planning is formally authorized, it is the
  sponsors responsibility to
• prepare the watershed plan,
• conduct required public meetings during the
  planning process, and
• execute a watershed plan agreement.

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Planning Process / Application
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Planning Process / Application continues

• Project Implementation
• Acquisition of real property and administration
  of contracts for construction
• of works of improvements are the primary
  responsibilities of the SLO during
• implementation of the project. The may
  however request the Natural Resources
• Conservation Service (NRCS) to do the
  contracting.

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Planning Process / Application continues

• Operation Maintenance and Replacement
• Prior to the installation of any structural
  measures, the SLO must agree to
• operate, maintain and replace project
  components in accordance with state
• and federal laws, and the formal operation and
  maintenance agreement.
• Operation maintenance and replacement are major
  responsibilities of the
• SLO throughout the project evaluation period -
  usually 50 or 100 years for
• projects containing structural measures.

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How The PL-566 Program Works

• Pre-application consideration ?
• Sponsors apply for assistance
• BWSR/NRCS review the application
• Formal planning authorized
• NRCS and sponsors develop a watershed plan
• Formal review of plan by the public and other
  agencies
• Congress or NRCS approves the plan
• Plan is implemented
• Operation and Maintenance

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USDA - Natural Resources Conservation
ServicePL-566 Small Watershed Program

• Introduction
• PL-566 Eligible Purposes
• Sponsors Responsibilities
• Financial Assistance
• Planning Process / Application
• Minnesota PL-566 Projects

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Minnesota PL-566 Projects
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WATERSHED PLANNING
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Upper Pelican River
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• MPCA Suggested Goals1
• Non-degradation of Floyd and Detroit system lakes
• Restoration reduction of Campbell Creek and
  Rice Lake Wetlands P loads by 50.
• Reduce urban agricultural runoff
  phosphorus/sediment loads at every chance

1 From Clean Water Partnership Program Working
Paper, 2002
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Springbrook Township
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Setback levee and channel restoration
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Pre-Application Report Findings

• Current damages can exceed 1,700 per acre
• Current average annual cropland flooded is 494
  acres
• Preliminary figures show a setback levee system
  with channel modifications is economically
  feasible
• Average annual acres flooded would be reduced 80
  with a 10-year dike system
• Average annual cost for installation of a 10-year
  dike system is approximately 77,300
• Average annual benefit from a 10-year dike system
  would be approximately 83,400
• Benefits exceed cost
• Creating an environmental corridor between dike
  enhances habitat quality within the area

pre-application report is based upon
information obtained on the main stem only and
does not include any data for the two tributaries.
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WATERSHED IMPLEMENTATION
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Recent PL-566 Projects Within Minnesota

• Whitewater River
• Olmsted, Wabasha and Winona Counties
• Watershed Protection
• Implementation begun 1998
• Kanaranzi-Little Rock
• Nobles and Rock Counties
• Watershed Protection
• Implementation begun 1988

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Snake River Watershed
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Off Channel Storage
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Diversion around Warren
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WATERSHED INVENTORY AND ASSESSMENT
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City of Morton

• 7/14/04 - NRCS -Water Resources Staff (WRS)
  received a letter requesting assistance for the
  City to look at alternatives that would reduce
  the flood risk to the City during large rainfall
  or snowmelt event.
• 10/13/04 - WRS made an initial site visit and
  toured the watershed.
• 1/4/05 NRCS personnel, City, and SWCD meet at
  the City Hall to discuss the proposed
  alternatives developed by WRS. It was concluded
  the elected City Officials need to review the
  proposed alternatives before any more work is
  done on developing the alternatives more.

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City of Morton Watershed
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Comstock Coulee

• COMSTOCK COULEE
• INFORMATIONAL MEETING AND TOUR TO ASSESS
  POTENTIAL
• PROGRAM ACTIVITIES
• Wilkin and Clay Counties, Minnesota
• March 10, 2005

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Resources History

• Size of watershed
• General description of watershed
• Soils
• Land use
• General resource condition

• 1964 Application for PL-566
• Original issues of concern
• Withdrawal of application
• New interest
• Current status

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Recommendations
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Planning Phase I and USDA Program Recommendations
for Comstock Coulee

• Water Quality was identified both from the
  standpoint of sediment delivery to the Red River
  of the North and as being a part of the source
  water for drinking in the cities of Fargo and
  Moorhead. (1) To determine more accurately what
  the problems are, and where the problems occur in
  the watershed, a water quality sampling and
  monitoring plan should be considered to provide
  more specific data. (2) An analysis of the
  sediments deposited in the coulee and moving
  through the system would help understand

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USDA-NRCS Opportunity

• Conservation Technical Assistance (CTA) provides
  information including highly erodible land
  inventories and
• Soil Surveys are complete for both counties, and
  a NRCS soil scientist is
• The Resource Conservation and Development (RCD)
  program is available

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Fond du Lac Reservation
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Issues

• Water (Lake) Level Management
• Wild Rice and related issues
• Ecological restoration
• Cultural Issues/Traditions

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For Further Information

• www.mn.nrcs.usda.gov/watersheds/watershed.html

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Rehabilitation Work

• Overview

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Authorization

• Authorized by Section 14 of the Watershed
  Protection and Flood Prevention Act
• Separate Appropriation from Congress
• Use with PL-566, PL-534, Pilot Watershed, or
  Resource Conservation and Development (RCD)
  Structures

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Rehabilitation Work May

• Protect the integrity of the dam or prolong the
  useful life

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Rehabilitation Work May

• Protect the integrity of the dam or prolong the
  useful life
• Correct damage to the dam from a catastrophic
  event
• 100 year rainfall, or
• 2 ft flow in emergency spillway

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Rehabilitation Work May

• Protect the integrity of the dam or prolong the
  useful life
• Correct damage to the dam from a catastrophic
  event
• Correct deterioration of structural components
  that are deteriorating at an abnormal rate

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Rehabilitation Work May

• Protect the integrity of the dam or prolong the
  useful life
• Correct damage to the dam from a catastrophic
  event
• Correct deterioration of structural components
• Upgrade dam to meet changed land use

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Rehabilitation Work May

• Protect the integrity of the dam or prolong the
  useful life
• Correct damage to the dam from a catastrophic
  event
• Correct deterioration of structural components
• Upgrade dam to meet changed land use
• Decommission Dams

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Additional Concerns

• Rehabilitation work does not include activities
  that are operation and maintenance

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Additional Concerns

• Rehabilitation work does not include activities
  that are operation and maintenance
• Rehabilitation projects may include additional
  purposes or beneficiaries

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Additional Concerns

• Rehabilitation work does not include activities
  that are operation and maintenance
• Rehabilitation projects may include additional
  purposes or beneficiaries
• The completion of rehabilitation work will
  redefine that measure's evaluated life and the
  OM responsibilities of the Sponsoring Local
  Organization

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Lets Change Gears
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Emergency Watershed Program

• Overview

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Eligibility Criteria

• Reduce Threat to Life and Property
• Economically, Environmentally, and Socially
  Defensible, and Technically Sound
• Alleviate a Sudden Watershed Impairment

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Authority

• Statute
• Authorized in 1950
• Drought added in 1978
• Floodplain Easements added in 1996

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Disaster Declarations

• Presidentially Declared
• State Conservationist Declared
• Established Criteria
• Be logical and defensible
• Not every rainstorm is an eligible event

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EWP Events Funded
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Eligible Measures

• Debris Removal

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Eligible Measures

• Streambank Stabilization to protect life or
  property

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Eligible Measures

• Critical Area Treatment

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Eligible Measures

• Levee Repair

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Eligible Measures

• PL 78-534 83-566 Structure Repair

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Eligible Measures

• Bioengineering

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Eligible Measures

• Floodplain Easement

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IneligibleMeasures

• Restore Agricultural Productivity to
  Farmland

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IneligibleMeasures

• Replacement of Infrastructure

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IneligibleMeasures

• Flood Fighting/Rescue

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IneligibleMeasures

• Correcting Pre-existing Problems

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Eligibility Criteria

• Reduce Threat to Life and Property
• Economically, Environmentally, and Socially
  Defensible, and Technically Sound
• Alleviate a Sudden Watershed Impairment

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• Questions/Discussion