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US (United States) Code. Title 32. Chapter 15: Flood control

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-CITE-

33 USC CHAPTER 15 - FLOOD CONTROL 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

CHAPTER 15 - FLOOD CONTROL

-MISC1-

Sec.

701. Flood control generally.

701-1. Declaration of policy of 1944 act.

701a. Declaration of policy of 1936 act.

701a-1. "Flood control" defined; jurisdiction of Federal

investigations.

701b. Supervision of Secretary of the Army; reclamation

projects unaffected.

701b-1. Transfer of jurisdiction in certain cases to

Department of Agriculture.

701b-2. Cooperation by Secretaries of the Army and

Agriculture; expenditures.

701b-3. Examinations and surveys; availability of

appropriations.

701b-4. Administration of surveys; number authorized; reports.

701b-5. Omitted.

701b-6. Examinations and surveys by Secretary of Agriculture.

701b-7. Supplemental reports to Senate Environment and Public

Works Committee and House Public Works Committee.

701b-8. Submission of report by Chief of Engineers.

701b-8a. Discontinuance of preliminary examination reports.

701b-9. Availability of appropriations for expenses incident

to operation of power boats or vessels; expenses

defined; certification of expenditures.

701b-10. Revolving fund; establishment; availability;

reimbursement; transfer of funds; limitation.

701b-11. Flood protection projects.

(a) General considerations; nonstructural

alternatives.

(b) Non-Federal participation through nonstructural

alternatives; limitation.

701b-12. Floodplain management requirements.

(a) Compliance with floodplain management and

insurance programs.

(b) Floodplain management plans.

(d) Technical support.

701b-13. Construction of flood control projects by non-Federal

interests.

(a) Authority.

(b) Studies and design activities.

(d) Authority to carry out improvement.

(e) Reimbursement.

(f) Specific projects.

(g) Treatment of flood damage prevention measures.

701c. Rights-of-way, easements, etc.; acquisition by local

authorities; maintenance and operation; protection of

United States from liability for damages; requisites

to run-off and water-flow retardation and soil

erosion prevention assistance.

701c-1. Acquirement of titles for certain projects and to

lands, easements, rights-of-way; reimbursement of

local agencies.

701c-2. Acquisition and sale of land.

701c-3. Lease receipts; payment of portion to States.

701d. Compacts between States; consent of Congress.

701e. Effect of act June 22, 1936, on provisions for

Mississippi River and other projects.

701f. Authorization of appropriations.

701f-1. Additional authorization.

701f-2. Funds for specific and authorized projects merged with

and accounted for under regular annual appropriation.

701f-3. Expenditure in watersheds of funds appropriated for

flood prevention purposes.

701g. Removal of obstructions; clearing channels.

701h. Contributions by States and political subdivisions.

701h-1. Contributions by States and political subdivisions for

immediate use on authorized flood-control work;

repayment.

701i. Elimination from protection of areas subject to

evacuation.

701j. Installation in dams of facilities for future

development of hydroelectric power.

701k. Crediting reimbursements for lost, stolen, or damaged

property.

701l, 701l-1. Repealed.

701m. Insufficient Congressional authorization; preparations

for and modification of project.

701n. Emergency response to natural disasters.

(a) Emergency fund.

(b) Emergency supplies of drinking water; drought;

well construction and water transportation.

701o. Omitted.

701p. Railroad bridge alterations at Federal expense.

701q. Repair and protection of highways, railroads, and

utilities damaged by operation of dams or reservoir.

701r. Protection of highways, bridge approaches, public

works, and nonprofit public services.

701r-1. Utilization of public roads.

(a) Definitions.

(b) Improvement, reconstruction, and maintenance.

standards.

701s. Small flood control projects; appropriations; amount

limitation for single locality; conditions.

701t. Emergency fund for flood damage; amount; commitments

to be fulfilled by local interests.

701u. International engineering or scientific conferences;

attendance.

702. Mississippi River.

702a. Adoption of 1927 project; execution; creation of

board; scope of authority; appropriation.

702a-1. Modification of project of 1927; adoption.

702a-1 1/2 .Further modification of 1927 project; adoption;

appropriation.

702a-1 3/4 .Further modification; adoption.

702a-2. Abandonment of Boeuf Floodway.

702a-3. Levees; raising and enlarging.

702a-4. Fuse-plug levees.

702a-5. Back levee north of Eudora Floodway.

702a-6. Drainage necessitated by floodway levees.

702a-7. Railroad and highway crossings over floodways.

702a-8. Additional roads; construction by United States.

702a-9. Lands, easements, and rights-of-way; acquisition by

local authorities; reimbursement; protection of

United States from liability for damages.

702a-10. Flowage rights and rights-of-way; reimbursement of

local authorities; highway crossings; use of

properties for national forests or wildlife refuges.

702a-11. Morganza Floodway; Eudora Floodway.

702a-12. Modified Lower Mississippi River project as of August

18, 1941.

(a) Alluvial valley, Mississippi River; Yazoo Basin

levees; abandonment of Boeuf and Eudora

Floodways and Northward Extension.

(b) Yazoo River project.

(d) Reimbursement of local authorities for certain

expenses.

(e) Saint Francis River.

(f) Bayou Rapides, Boeuf, and Cocodrie, Louisiana,

improvements.

(g) Increased authorizations for alluvial valley,

Mississippi River.

702b. Local contribution toward cost of flood control work.

702c. Expenditures for construction work; conditions

precedent; liability for damage from flood waters;

condemnation proceedings; floodage rights.

702d. Flowage rights; condemnation proceedings; benefits to

property.

702d-1. Bonnet Carre Spillway and Floodway; rights-of-way,

etc., over lands.

702e. Maps for project; preparation.

702f. Expenditures for earlier projects.

702g. Appropriation for emergency fund.

702g-1. Additional appropriation for emergency fund.

702h. Prosecution of project by Mississippi River

Commission; president of commission; salaries.

702h-1. Transferred.

702i. Certain sections applicable to property and rights

acquired or constructed.

702j. Projects relating to tributary streams; report to

Congress; appropriation.

702j-1. Saint Francis and Yazoo Rivers; lands and easements;

alteration of highways; cooperation of States.

702j-2. White River Levee District; rights-of-way; drainage

facilities; flowage rights; acquisition by local

authorities; protection of United States from

liability for damages.

702k. Surveys below Cape Girardeau, Missouri; resurvey of

levee in Tennessee.

702k-1. Authorization of appropriation.

702k-2. Separability.

702l. Repeal of inconsistent laws.

702m. Interest of Members of Congress in contracts for

acquisition of land.

702n. Levee rights-of-way; payment or reimbursement for.

703. Sacramento River, California.

704. Modification of project.

705. Salmon River, Alaska; flood control work authorized.

706. Secretary of Commerce; current precipitation

information; appropriation.

707. Sumner Dam and Lake Sumner; declaration of purpose;

report to Congress; appropriation.

708. Sale of surplus waters for domestic and industrial

uses; disposition of moneys.

709. Regulations for use of storage waters; application to

Tennessee Valley Authority.

709a. Information on floods and flood damage.

(a) Compilation and dissemination.

(b) Flood prevention coordination.

(d) Fiscal year limitation on expenditures.

709b. Flood hazard information.

-End-

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33 USC Sec. 701 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701. Flood control generally

-STATUTE-

Laws applicable to works of improvement relating to flood control

- All the provisions of existing law relating to examinations and

surveys and to works of improvement of rivers and harbors shall

apply, so far as applicable to examinations and surveys and to

works of improvement relating to flood control. And all

expenditures of funds appropriated for works and projects relating

to flood control shall be made in accordance with and subject to

the law governing the disbursement and expenditure of funds

appropriated for the improvement of rivers and harbors.

Examinations and surveys; details from Government departments;

reports - All examinations and surveys of projects relating to

flood control shall include a comprehensive study of the watershed

or watersheds, and the report thereon in addition to any other

matter upon which a report is required shall give such data as it

may be practicable to secure in regard to (a) the extent and

character of the area to be affected by the proposed improvement;

(b) the probable effect upon any navigable water or waterway; (c)

the possible economical development and utilization of water power;

and (d) such other uses as may be properly related to or

coordinated with the project. And the heads of the several

departments of the Government may, in their discretion, and shall

upon the request of the Secretary of the Army, detail

representatives from their respective departments to assist the

Engineers of the Army in the study and examination of such

watersheds, to the end that duplication of work may be avoided and

the various services of the Government economically coordinated

therein: Provided, That all reports on preliminary examinations

hereafter authorized, together with the report of the Board of

Engineers for Rivers and Harbors thereon and the separate report of

the representative of any other department, shall be submitted to

the Secretary of the Army by the Chief of Engineers, with his

recommendations, and shall be transmitted by the Secretary of the

Army to the House of Representatives, and are ordered to be printed

when so made.

Reports by Board of Engineers for Rivers and Harbors - In the

consideration of all works and projects relating to flood control

which may be submitted to the Board of Engineers for Rivers and

Harbors for consideration and recommendation, said board shall, in

addition to any other matters upon which it may be required to

report, state its opinion as to (a) what Federal interest, if any,

is involved in the proposed improvement; (b) what share of the

expense, if any, should be borne by the United States; and (c) the

advisability of adopting the project.

-SOURCE-

(Mar. 1, 1917, ch. 144, Sec. 3, 39 Stat. 950; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 103-437, Sec.

12(c), Nov. 2, 1994, 108 Stat. 4590.)

-COD-

CODIFICATION

Sections 1 and 2 of act Mar. 1, 1917, are classified to sections

702 and 703 of this title. Section 4 amended section 643 of this

title. See section 702h of this title.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 struck out par. at end which read as

follows: "All examinations and reports which may now be made by the

Board of Engineers for Rivers and Harbors upon request of the

Committee on Rivers and Harbors relating to works or projects of

navigation shall in like manner be made upon request of the

Committee on Flood Control on all works and projects relating to

flood control."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-MISC2-

FLOODPLAIN MANAGEMENT

For provisions relating to the reduction of the risk of flood

loss, the minimization of the impact of floods on human safety,

health, and welfare, and the management of floodplains, see Ex.

Ord. No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note

under section 4321 of Title 42, The Public Health and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 11296

Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as amended by

Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82 Stat. 1194,

which related to the evaluation of flood hazard in locating

federally owned or financed buildings, roads, and other facilities,

and in disposing of federal lands and properties, was revoked by

Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note

under section 4321 of Title 42, The Public Health and Welfare.

-End-

-CITE-

33 USC Sec. 701-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701-1. Declaration of policy of 1944 act

-STATUTE-

In connection with the exercise of jurisdiction over the rivers

of the Nation through the construction of works of improvement, for

navigation or flood control, as herein authorized, it is declared

to be the policy of the Congress to recognize the interests and

rights of the States in determining the development of the

watersheds within their borders and likewise their interests and

rights in water utilization and control, as herein authorized to

preserve and protect to the fullest possible extent established and

potential uses, for all purposes, of the waters of the Nation's

rivers; to facilitate the consideration of projects on a basis of

comprehensive and coordinated development; and to limit the

authorization and construction of navigation works to those in

which a substantial benefit to navigation will be realized

therefrom and which can be operated consistently with appropriate

and economic use of the waters of such rivers by other users.

In conformity with this policy:

(a) Plans, proposals, or reports of the Chief of Engineers,

Department of the Army, for any works of improvement for navigation

or flood control not heretofore or herein authorized, shall be

submitted to the Congress only upon compliance with the provisions

of this paragraph (a). Investigations which form the basis of any

such plans, proposals, or reports shall be conducted in such a

manner as to give to the affected State or States, during the

course of the investigations, information developed by the

investigations and also opportunity for consultation regarding

plans and proposals, and, to the extent deemed practicable by the

Chief of Engineers, opportunity to cooperate in the investigations.

If such investigations in whole or part are concerned with the use

or control of waters arising west of the ninety-seventh meridian,

the Chief of Engineers shall give to the Secretary of the Interior,

during the course of the investigations, information developed by

the investigations and also opportunity for consultation regarding

plans and proposals, and to the extent deemed practicable by the

Chief of Engineers, opportunity to cooperate in the investigations.

The relations of the Chief of Engineers with any State under this

paragraph (a) shall be with the Governor of the State or such

official or agency of the State as the Governor may designate. The

term "affected State or States" shall include those in which the

works or any part thereof are proposed to be located; those which

in whole or part are both within the drainage basin involved and

situated in a State lying wholly or in part west of the

ninety-eighth meridian; and such of those which are east of the

ninety-eighth meridian as, in the judgment of the Chief of

Engineers, will be substantially affected. Such plans, proposals,

or reports and related investigations shall be made to the end,

among other things, of facilitating the coordination of plans for

the construction and operation of the proposed works with other

plans involving the waters which would be used or controlled by

such proposed works. Each report submitting any such plans or

proposals to the Congress shall set out therein, among other

things, the relationship between the plans for construction and

operation of the proposed works and the plans, if any, submitted by

the affected States and by the Secretary of the Interior. The Chief

of Engineers shall transmit a copy of his proposed report to each

affected State, and, in case the plans or proposals covered by the

report are concerned with the use or control of waters which rise

in whole or in part west of the ninety-seventh meridian, to the

Secretary of the Interior. Within 30 days from the date of receipt

of said proposed report, the written views and recommendations of

each affected State and of the Secretary of the Interior may be

submitted to the Chief of Engineers. The Secretary of the Army

shall transmit to the Congress, with such comments and

recommendations as he deems appropriate, the proposed report

together with the submitted views and recommendations of affected

States and of the Secretary of the Interior. The Secretary of the

Army may prepare and make said transmittal any time following said

30-day period. The letter of transmittal and its attachments shall

be printed as a House or Senate document.

(b) The use for navigation, in connection with the operation and

maintenance of such works herein authorized for construction, of

waters arising in States lying wholly or partly west of the

ninety-eighth meridian shall be only such use as does not conflict

with any beneficial consumptive use, present or future, in States

lying wholly or partly west of the ninety-eighth meridian, of such

waters for domestic, municipal, stock water, irrigation, mining, or

industrial purposes.

and reports on works for irrigation and purposes incidental thereto

shall, in relation to an affected State or States (as defined in

paragraph (a) of this section), and to the Secretary of the Army,

be subject to the same provisions regarding investigations, plans,

proposals, and reports as prescribed in paragraph (a) of this

section for the Chief of Engineers and the Secretary of the Army.

In the event a submission of views and recommendations, made by an

affected State or by the Secretary of the Army pursuant to said

provisions, sets forth objections to the plans or proposals covered

by the report of the Secretary of the Interior, the proposed works

shall not be deemed authorized except upon approval by an Act of

Congress; and section 485h(a) of title 43 and section 590z-1(a) of

title 16 are amended accordingly.

-SOURCE-

(Dec. 22, 1944, ch. 665, Sec. 1, 58 Stat. 887; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 104-303, title

II, Sec. 223, Oct. 12, 1996, 110 Stat. 3697.)

-MISC1-

AMENDMENTS

1996 - Par. (a). Pub. L. 104-303 substituted "Within 30 days" for

"Within ninety days" and "30-day period" for "ninety-day period".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPLICABILITY OF SECTION TO PROJECTS AUTHORIZED BY FLOOD CONTROL

ACTS

Pub. L. 90-483, title II, Sec. 202, Aug. 13, 1968, 82 Stat. 739,

provided that: "The provisions of section 1 of the Act of December

22, 1944 (Public Law Numbered 534, Seventy-eighth Congress, second

session) [this section], shall govern with respect to projects

authorized in this Act [Pub. L. 90-483], and the procedures therein

set forth with respect to plans, proposals, or reports for works of

improvement for navigation or flood control and for irrigation and

purposes incidental thereto shall apply as if herein set forth in

full."

Similar provisions were contained in the following prior acts:

Nov. 7, 1966, Pub. L. 89-789, title II, Sec. 202, 80 Stat. 1418.

Oct. 27, 1965, Pub. L. 89-298, title II, Sec. 203, 79 Stat. 1074.

Sept. 3, 1954, ch. 1264, title II, Sec. 202, 68 Stat. 1256.

May 17, 1950, ch. 188, title II, Sec. 202, 64 Stat. 170.

GLENDO UNIT, WYOMING, MISSOURI RIVER BASIN PROJECT

Joint Res. July 16, 1954, ch. 532, Sec. 2, 68 Stat. 486,

provided, with respect to the Glendo unit (dam and reservoir),

Missouri River Basin Project, at the Glendo site on the North

Platte River in Wyoming, for waiver of the provisions of subsec.

the construction and operation of such unit by the Secretary of the

Interior.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2287 of this title; title

16 section 839e; title 43 sections 390b, 422d.

-End-

-CITE-

33 USC Sec. 701a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701a. Declaration of policy of 1936 act

-STATUTE-

It is recognized that destructive floods upon the rivers of the

United States, upsetting orderly processes and causing loss of life

and property, including the erosion of lands, and impairing and

obstructing navigation, highways, railroads, and other channels of

commerce between the States, constitute a menace to national

welfare; that it is the sense of Congress that flood control on

navigable waters or their tributaries is a proper activity of the

Federal Government in cooperation with States, their political

subdivisions, and localities thereof; that investigations and

improvements of rivers and other waterways, including watersheds

thereof, for flood-control purposes are in the interest of the

general welfare; that the Federal Government should improve or

participate in the improvement of navigable waters or their

tributaries, including watersheds thereof, for flood-control

purposes if the benefits to whomsoever they may accrue are in

excess of the estimated costs, and if the lives and social security

of people are otherwise adversely affected.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 1, 49 Stat. 1570.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701a-1, 701b, 701b-1,

701b-2, 701b-6, 701b-7, 701c, 701c-1, 701e, 701s of this title.

-End-

-CITE-

33 USC Sec. 701a-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701a-1. "Flood control" defined; jurisdiction of Federal

investigations

-STATUTE-

The words "flood control" as used in section 701a of this title,

shall be construed to include channel and major drainage

improvements and flood prevention improvements for protection from

groundwater-induced damages, and Federal investigations and

improvements of rivers and other waterways for flood control and

allied purposes shall be under the jurisdiction of and shall be

prosecuted by the Department of the Army under the direction of the

Secretary of the Army and supervision of the Chief of Engineers,

and Federal investigations of watersheds and measures for run-off

and water-flow retardation and soil-erosion prevention on

watersheds shall be under the jurisdiction of and shall be

prosecuted by the Department of Agriculture under the direction of

the Secretary of Agriculture, except as otherwise provided by Act

of Congress.

-SOURCE-

(Dec. 22, 1944, ch. 665, Sec. 2, 58 Stat. 889; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IV,

Sec. 403, Nov. 17, 1986, 100 Stat. 4133.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 inserted "and flood prevention improvements

for protection from groundwater-induced damages" after "drainage

improvements".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

SAVINGS PROVISION

Authority of Secretary of Agriculture under this section as

unaffected by repeal of Secretary's authority under section 701b of

this title, see section 7 of act Aug. 4, 1954, set out as a note

under section 701b of this title.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 839e.

-End-

-CITE-

33 USC Sec. 701b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b. Supervision of Secretary of the Army; reclamation

projects unaffected

-STATUTE-

Federal investigations and improvements of rivers and other

waterways for flood control and allied purposes shall be under the

jurisdiction of and shall be prosecuted by the Department of the

Army under the direction of the Secretary of the Army and

supervision of the Chief of Engineers, except as otherwise provided

by Act of Congress; and in his reports upon examinations and

surveys, the Secretary of the Army shall be guided as to

flood-control measures by the principles set forth in section 701a

of this title in the determination of the Federal interests

involved: Provided, That the foregoing grant of authority shall not

interfere with investigations and river improvements incident to

reclamation projects that may now be in progress or may be

hereafter undertaken by the Bureau of Reclamation of the Interior

Department pursuant to any general or specific authorization of

law.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 2, 49 Stat. 1570; June 28, 1938, ch.

795, Sec. 1, 52 Stat. 1215; Aug. 18, 1941, ch. 377, Sec. 1, 55

Stat. 638; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501; Aug. 4, 1954, ch. 656, Sec. 7, 68 Stat. 668.)

-MISC1-

AMENDMENTS

1954 - Act Aug. 4, 1954, repealed provisions conferring authority

on the Department of Agriculture under the direction of the

Secretary of Agriculture to make preliminary examinations and

surveys and to prosecute works of improvement for runoff and

waterflow retardation and soil erosion prevention on the watersheds

of rivers and other waterways.

1941 - Act Aug. 18, 1941, reenacted without change portion of

section preceding semicolon.

1938 - Act June 28, 1938, reenacted without change portion of

section preceding semicolon.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

SAVINGS PROVISION

Section 7 of act Aug. 4, 1954, which amended this section by

repealing provisions relating to the Department of Agriculture,

provides in part that: "(a) the authority of that Department of

Agriculture, under the direction of the Secretary, to prosecute the

works of improvement for runoff and waterflow retardation and soil

erosion prevention authorized to be carried out by the Department

by the act of December 22, 1944 (58 Stat. 887), as amended [section

701a-1 of this title], and (b) the authority of the Secretary of

Agriculture to undertake emergency measures for runoff retardation

and soil erosion prevention authorized to be carried out by section

7 of the act of June 28, 1938 (52 Stat. 1215), as amended by

section 216 of the act of May 17, 1950 (64 Stat. 163) [section

701b-1 of this title], shall not be affected by the provisions of

this section."

RISK-BASED ANALYSIS METHODOLOGY

Pub. L. 104-303, title II, Sec. 202(h), Oct. 12, 1996, 110 Stat.

3676, provided that:

"(1) In general. - The Secretary shall enter into an agreement

with the National Academy of Sciences to conduct a study of the

Corps of Engineers' use of risk-based analysis for the evaluation

of hydrology, hydraulics, and economics in flood damage reduction

studies. The study shall include -

"(A) an evaluation of the impact of risk-based analysis on

project formulation, project economic justification, and minimum

engineering and safety standards; and

"(B) a review of studies conducted using risk-based analysis to

determine -

"(i) the scientific validity of applying risk-based analysis

in these studies; and

"(ii) the impact of using risk-based analysis as it relates

to current policy and procedures of the Corps of Engineers.

"(2) Report. - Not later than 18 months after the date of the

enactment of this Act [Oct. 12, 1996], the Secretary shall submit

to Congress a report on the results of the study under paragraph

(1), as well as such recommendations as the Secretary considers

appropriate.

"(3) Limitation on use of methodology. - During the period

beginning on the date of the enactment of this Act [Oct. 12, 1996]

and ending 18 months after that date, if requested by a non-Federal

interest, the Secretary shall refrain from using any risk-based

technique required under the studies described in paragraph (1) for

the evaluation and design of a project.

"(4) Authorization of appropriations. - There is authorized to be

appropriated $250,000 to carry out this subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-1, 701b-2, 701b-4,

701b-6, 701b-7, 701c-1, 701e, 701f-1, 701j, 702a-12 of this title.

-End-

-CITE-

33 USC Sec. 701b-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-1. Transfer of jurisdiction in certain cases to

Department of Agriculture

-STATUTE-

In order to effectuate the policy declared in sections 701a and

701b of this title, and to correlate the program for the

improvement of rivers and other waterways by the Department of the

Army with the program for the improvement of watersheds by the

Department of Agriculture, works of improvement for measures of

run-off and water-flow retardation and soil-erosion prevention on

the watersheds of waterways, for which works of improvement for the

benefit of navigation and the control of destructive floodwaters

and other provisions have been adopted and authorized to be

prosecuted under the direction of the Secretary of the Army and

supervision of the Chief of Engineers, are authorized to be

prosecuted by the Department of Agriculture under the direction of

the Secretary of Agriculture and in accordance with plans approved

by him. The Secretary of Agriculture is authorized in his

discretion to undertake such emergency measures for run-off

retardation and soil-erosion prevention as may be needed to

safeguard lives and property from floods and the products of

erosion on any watershed whenever fire or any other natural element

or force has caused a sudden impairment of that watershed:

Provided, That not to exceed $300,000 out of any funds heretofore

or hereafter appropriated for the prosecution by the Secretary of

Agriculture of works of improvement or measures for run-off and

water-flow retardation and soil-erosion prevention on watersheds

may be expended during any one fiscal year for such emergency

measures. For prosecuting said work and measures there is

authorized to be appropriated the sum of $10,000,000 to be expended

at the rate of $2,000,000 per annum during the five-year period

ending June 30, 1944: Provided, That such works and measures which

are herein authorized to be prosecuted by the Department of

Agriculture may be carried out on the watersheds of the Rio Grande

and Pecos Rivers subject to the proviso in section 701b of this

title.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 7, 52 Stat. 1225; Dec. 22, 1944, ch.

665, Sec. 15, 58 Stat. 907; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; May 17, 1950, ch. 188, title II, Sec. 216, 64

Stat. 184.)

-MISC1-

AMENDMENTS

1950 - Act May 17, 1950, substituted "$300,000" for "$100,000".

1944 - Act Dec. 22, 1944, inserted provisions authorizing

Secretary of Agriculture to undertake emergency work and limiting

amount of annual expenditures for such work.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

SAVINGS PROVISION

Authority of Secretary of Agriculture under this section as

unaffected by repeal of Secretary's authority under section 701b of

this title, see section 7 of act Aug. 4, 1954, set out as a note

under section 701b of this title

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1, 701f-1,

701j of this title.

-End-

-CITE-

33 USC Sec. 701b-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-2. Cooperation by Secretaries of the Army and

Agriculture; expenditures

-STATUTE-

In carrying out the purposes of the Act of June 22, 1936 (49

Stat. 1570), as amended and supplemented, the Secretary of the Army

and the Secretary of Agriculture are authorized to cooperate with

institutions, organizations, and individuals, and to utilize the

services of Federal, State, and other public agencies, and to pay

by check to the cooperating public agency, either in advance or

upon the furnishing or performance of said services, all or part of

the estimated or actual cost thereof; and to make expenditures for

personal services and rent in the District of Columbia and

elsewhere, for purchase of reference and law books and periodicals,

for printing and binding, for the purchase, exchange, operation,

and maintenance of motor-propelled passenger-carrying vehicles and

motorboats for official use, and for other necessary expenses. The

provisions of this section shall be applicable to any funds

heretofore appropriated for the prosecution by the Secretary of

Agriculture of works of improvement for measures of run-off and

water-flow retardation and soil-erosion prevention upon watersheds.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 5, 52 Stat. 1223; Aug. 18, 1941, ch.

377, Sec. 8, 55 Stat. 650; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 22, 1936 (49 Stat. 1570), as amended and

supplemented, referred to in text, is act June 22, 1936, ch. 688,

49 Stat. 1570, as amended, popularly known as the Flood Control Act

of June 22, 1936, which to the extent classified to the Code

enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC1-

AMENDMENTS

1941 - Act Aug. 18, 1941, changed the reference near the

beginning of section and inserted sentence at end.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers, agencies and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title

5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1, 701f-1,

701j, 702a-12 of this title.

-End-

-CITE-

33 USC Sec. 701b-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-3. Examinations and surveys; availability of

appropriations

-STATUTE-

Funds heretofore or hereafter appropriated for construction and

maintenance of flood-control works by the Department of the Army

shall be available for expenditure by the Department of the Army in

making examinations and surveys for flood control heretofore or

hereafter authorized, or in preparing reports in review thereof as

authorized by law, in addition to funds heretofore authorized to be

expended for such purposes by the Department of the Army.

-SOURCE-

(Aug. 11, 1939, ch. 699, Sec. 2, 53 Stat. 1414; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 701b-4 of this title.

-End-

-CITE-

33 USC Sec. 701b-4 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-4. Administration of surveys; number authorized; reports

-STATUTE-

The surveys authorized to be performed under the direction of the

Secretary of the Army as well as all duties performed by the Chief

of Engineers under the direction of the Secretary of the Army shall

be functions of the Engineer Corps, United States Army, and its

head, to be administered under the direction of the Secretary of

the Army and the supervision of the Chief of Engineers except as

otherwise specifically provided by Congress: Provided, That the

power and authority conferred by the Flood Control Act of June 28,

1938, and previously conferred, upon the Federal Power Commission

shall remain in full force and effect: Provided, That no

preliminary examination, survey, project, or estimate for new works

other than those designated in this Act or some prior Act or joint

resolution shall be made: Provided further, That after the regular

or formal reports made as required by law on any examination,

survey, project, or work under way or proposed, are submitted, no

supplemental or additional report or estimate shall be made unless

authorized by law.

-SOURCE-

(Aug. 11, 1939, ch. 699, Sec. 6, 53 Stat. 1415; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

The Flood Control Act of June 28, 1938, referred to in text, is

act June 28, 1938, ch. 795, 52 Stat. 1215, as amended, which to the

extent classified to the Code is classified to sections 701b,

701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1 1/2 , 702a-11,

and 706 of this title. For complete classification of this Act to

the Code, see Tables.

This Act, referred to in text, is act Aug. 11, 1939, ch. 699, 53

Stat. 1414, as amended, which to the extent classified to the Code

enacted sections 558b-1, 701b-3, 701b-4, and 707 of this title and

amended sections 701c-1 and 701g of this title. For complete

classification of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

33 USC Sec. 701b-5 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-5. Omitted

-COD-

CODIFICATION

Section, act Mar. 31, 1945, ch. 45, Sec. 1, 59 Stat. 41, relating

to appropriations subject to priority restrictions, was from the

War Department Civil Appropriation Act, 1946, and was not repeated

in subsequent appropriation acts.

-End-

-CITE-

33 USC Sec. 701b-6 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-6. Examinations and surveys by Secretary of Agriculture

-STATUTE-

That, in order to further the declaration of policy and

principles declared in sections 701a and 701b of this title, and to

supplement the preliminary examinations and surveys which the

Secretary of the Army has heretofore been, or is hereafter,

authorized and directed to make of waterways with a view to the

control of their floods, the Secretary of Agriculture be, and he

is, authorized and directed to cause preliminary examinations and

surveys to be made for run-off and water-flow retardation and

soil-erosion prevention on the watersheds of said waterways, the

costs thereof to be paid from appropriations heretofore or

hereafter made for such purposes.

-SOURCE-

(Aug. 28, 1937, ch. 877, Sec. 3, 50 Stat. 877; Jan. 19, 1948, ch.

2, Sec. 1, 62 Stat. 4; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-MISC1-

AMENDMENTS

1948 - Act Jan. 19, 1948, inserted "or is hereafter" after

"heretofore been" to make section applicable to future preliminary

surveys and examinations.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 701b-7 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-7. Supplemental reports to Senate Environment and Public

Works Committee and House Public Works Committee

-STATUTE-

After the Secretary of Agriculture has submitted to Congress a

regular or formal report made on any examination or survey,

pursuant to the Flood Control Act approved June 22, 1936, as

amended and supplemented, a supplemental, additional, or review

report or estimate may be made if authorized by law or by

resolution of the Committee on Public Works and Transportation of

the House of Representatives or the Committee on Environment and

Public Works of the Senate.

-SOURCE-

(Jan. 19, 1948, ch. 2, Sec. 2, 62 Stat. 4; Pub. L. 103-437, Sec.

12(d), Nov. 2, 1994, 108 Stat. 4590.)

-REFTEXT-

REFERENCES IN TEXT

The Flood Control Act approved June 22, 1936, as amended and

supplemented, referred to in text, is act June 22, 1936, ch. 688,

49 Stat. 1570, as amended, which to the extent classified to the

Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of

this title. For complete classification of this Act to the Code,

see Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Public Works and

Transportation of the House of Representatives or the Committee on

Environment and Public Works of the Senate" for "Committee on

Public Works of the House of Representatives or the Committee on

Public Works of the Senate".

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 701b-8 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-8. Submission of report by Chief of Engineers

-STATUTE-

It is declared to be the policy of the Congress that the

following provisions shall be observed:

No project or any modification not authorized, of a project for

flood control or rivers and harbors, shall be authorized by the

Congress unless a report for such project or modification has been

previously submitted by the Chief of Engineers, United States Army,

in conformity with existing law.

-SOURCE-

(Sept. 3, 1954, ch. 1264, title II, Sec. 202, 68 Stat. 1256.)

-COD-

CODIFICATION

Section comprises last two paragraphs of section 202 of act Sept.

3, 1954. First paragraph of section 202 is set out as a note under

section 701-1 of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior acts:

May 17, 1950, ch. 188, title II, Sec. 202, 64 Stat. 170.

June 30, 1948, ch. 771, title II, Sec. 202, 62 Stat. 1175.

July 24, 1946, ch. 596, Sec. 2, 60 Stat. 641.

-End-

-CITE-

33 USC Sec. 701b-8a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-8a. Discontinuance of preliminary examination reports

-STATUTE-

For preliminary examinations and surveys authorized in previous

river and harbor and flood control Acts, the Secretary of the Army

is directed to cause investigations and reports for flood control

and allied purposes, to be prepared under the supervision of the

Chief of Engineers in the form of survey reports, and that

preliminary examination reports shall no longer be required to be

prepared.

-SOURCE-

(Pub. L. 85-500, title II, Sec. 208, July 3, 1958, 72 Stat. 319.)

-REFTEXT-

REFERENCES IN TEXT

Previous river and harbor and flood-control Acts, referred to in

text, means those acts prior to the River and Harbor Act of 1958

and the Flood Control Act of 1958, titles I and II of Pub. L.

85-500.

-End-

-CITE-

33 USC Sec. 701b-9 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-9. Availability of appropriations for expenses incident

to operation of power boats or vessels; expenses defined;

certification of expenditures

-STATUTE-

On and after July 31, 1947, no appropriation under the Corps of

Engineers shall be available for any expenses incident to operating

any power-driven boat or vessel on other than Government business,

and that Government business shall be construed to include

transportation, lodging, and subsistence on inspection trips of

Federal and State officials, having a public interest in authorized

or proposed improvements for river and harbor and flood control,

and any expenses incurred therefor shall be chargeable to river and

harbor and flood control appropriations heretofore or hereafter

made under rules and regulations to be prescribed by the Chief of

Engineers: Provided, That such expenditures shall be certified by

the Division Engineer as necessary and proper expenditures.

-SOURCE-

(July 31, 1947, ch. 411, Sec. 1, 61 Stat. 688.)

-COD-

CODIFICATION

Section is also set out as section 575 of this title.

Section was formerly classified to sections 190a and 199 of Title

10 prior to the general revision and enactment of Title 10, Armed

Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.

-End-

-CITE-

33 USC Sec. 701b-10 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-10. Revolving fund; establishment; availability;

reimbursement; transfer of funds; limitation

-STATUTE-

There is established a revolving fund, to be available without

fiscal year limitation, for expenses necessary for the maintenance

and operation of the plant and equipment of the Corps of Engineers

used in civil works functions, including acquisition of plant and

equipment, maintenance, repair, and purchase, operation, and

maintenance of not to exceed four aircraft at any one time,

temporary financing of services finally chargeable to

appropriations for civil works functions, and the furnishing of

facilities and services for military functions of the Department of

the Army and other Government agencies and private persons, as

authorized by law, $100; and in addition, the Secretary of the Army

is authorized to provide capital for the fund by capitalizing the

present inventories, plant and equipment of the civil works

functions of the Corps of Engineers. The fund shall be credited

with reimbursements or advances for the cost of equipment,

facilities, and services furnished, at rates which shall include

charges for overhead and related expenses, depreciation of plant

and equipment, and accrued leave: Provided, That on July 1, 1953,

(1) the fund shall assume the assets, liabilities, and obligations

of the Plant accounts, as carried on the records of the Corps of

Engineers as of June 30, 1953, under the appropriations for

"Maintenance and improvement of existing river and harbor works",

"Flood control, general", and "Flood control, Mississippi River and

tributaries", and (2) there shall be transferred from said

appropriations to the fund amounts equivalent to the unexpended

cash balances of the Plant accounts on June 30, 1953: Provided

further, That the total capital of said fund shall not exceed

$140,000,000.

-SOURCE-

(July 27, 1953, ch. 245, Sec. 101, 67 Stat. 199.)

-COD-

CODIFICATION

Section is also set out as section 576 of this title.

Section was formerly classified to section 190b of Title 10 prior

to the general revision and enactment of Title 10, Armed Forces, by

act Aug. 10, 1956, ch. 1041, 70A Stat. 1.

-MISC1-

RETENTION OF THREE OPERATIONAL AIRCRAFT; NOTICE OF INTENDED USE

OUTSIDE UNITED STATES

For provision relating to retention, use, and disposal of three

operational aircraft by Chief of Engineers, see section 101(d)

[title I, Sec. 110] of Pub. L. 100-202, set out as a note under

section 576 of this title.

-End-

-CITE-

33 USC Sec. 701b-11 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-11. Flood protection projects

-STATUTE-

(a) General considerations; nonstructural alternatives

In the survey, planning, or design by any Federal agency of any

project involving flood protection, consideration shall be given to

nonstructural alternatives to prevent or reduce flood damages

including, but not limited to, floodproofing of structures; flood

plain regulation; acquisition of flood plain lands for

recreational, fish and wildlife, and other public purposes; and

relocation with a view toward formulating the most economically,

socially, and environmentally acceptable means of reducing or

preventing flood damages.

(b) Non-Federal participation through nonstructural alternatives;

limitation

Where a nonstructural alternative is recommended, non-Federal

participation shall be comparable to the value of lands, easements,

and rights-of-way which would have been required of non-Federal

interests under section 701c of this title, for structural

protection measures, but in no event shall exceed 20 per centum of

the project costs.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 73, Mar. 7, 1974, 88 Stat. 32.)

-MISC1-

NONSTRUCTURAL FLOOD CONTROL POLICY

Pub. L. 104-303, title II, Sec. 202(d), Oct. 12, 1996, 110 Stat.

3675, provided that:

"(1) Review. - The Secretary shall conduct a review of policies,

procedures, and techniques relating to the evaluation and

development of flood control measures with a view toward

identifying impediments that may exist to justifying nonstructural

flood control measures as alternatives to structural measures.

"(2) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 12, 1996], the Secretary shall transmit

to Congress a report on the findings of the review conducted under

this subsection, together with any recommendations for modifying

existing law to remove any impediments identified under such

review."

-End-

-CITE-

33 USC Sec. 701b-12 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-12. Floodplain management requirements

-STATUTE-

(a) Compliance with floodplain management and insurance programs

Before construction of any project for local flood protection, or

any project for hurricane or storm damage reduction, that involves

Federal assistance from the Secretary, the non-Federal interest

shall agree to participate in and comply with applicable Federal

floodplain management and flood insurance programs.

(b) Floodplain management plans

Within 1 year after the date of signing a project cooperation

agreement for construction of a project to which subsection (a) of

this section applies, the non-Federal interest shall prepare a

floodplain management plan designed to reduce the impacts of future

flood events in the project area. Such plan shall be implemented by

the non-Federal interest not later than 1 year after completion of

construction of the project.

(1) In general

The Secretary shall develop guidelines for preparation of

floodplain management plans by non-Federal interests under

subsection (b) of this section.

(2) Required elements

The guidelines developed under paragraph (1) shall -

(A) address potential measures, practices, and policies to be

undertaken by non-Federal interests to to (!1) reduce loss of

life, injuries, damages to property and facilities, public

expenditures, and other adverse impacts associated with

flooding and to preserve and enhance natural floodplain values;

and

(B) address those measures to be undertaken by non-Federal

interests to preserve the level of flood protection provided by

a project to which subsection (a) of this section applies.

(3) Limitation on statutory construction

Nothing in this subsection shall be construed to confer any

regulatory authority upon the Secretary or the Director of the

Federal Emergency Management Agency.

(d) Technical support

The Secretary may provide technical support to a non-Federal

interest for a project to which subsection (a) of this section

applies for the development and implementation of plans prepared

under subsection (b) of this section.

-SOURCE-

(Pub. L. 99-662, title IV, Sec. 402, Nov. 17, 1986, 100 Stat. 4133;

Pub. L. 100-676, Sec. 14, Nov. 17, 1988, 102 Stat. 4026; Pub. L.

104-303, title II, Sec. 202(c)(1), Oct. 12, 1996, 110 Stat. 3674;

Pub. L. 106-541, title II, Sec. 209(a), (c), Dec. 11, 2000, 114

Stat. 2591.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-541, Sec. 209(c), substituted

"Floodplain" for "Flood plain" in heading and "floodplain" for

"flood plain" in first sentence.

Subsec. (c). Pub. L. 106-541, Sec. 209(a), in first sentence

substituted "The" for "Within 6 months after October 12, 1996,

the", designated second sentence as par. (2), inserted heading,

substituted "The guidelines developed under paragraph (1) shall - "

for "Such guidelines shall", designated remainder of sentence as

subpar. (A), inserted "to be undertaken by non-Federal interests

to" after "policies", added subpar. (B), and redesignated former

par. (2) as (3).

1996 - Pub. L. 104-303 substituted "Floodplain management

requirements" for "Compliance with flood plain management and

insurance programs" in section catchline and amended text

generally. Prior to amendment, text read as follows: "Before

construction of any project for local flood protection or any

project for hurricane or storm damage reduction, the non-Federal

interests shall agree to participate in and comply with applicable

Federal flood plain management and flood insurance programs."

1988 - Pub. L. 100-676 inserted "or any project for hurricane or

storm damage reduction" after "local flood protection".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-541, title II, Sec. 209(b), Dec. 11, 2000, 114 Stat.

2591, provided that: "The amendments made by subsection (a)

[amending this section] shall apply to any project or separable

element of a project with respect to which the Secretary [of the

Army] and the non-Federal interest have not entered a project

cooperation agreement on or before the date of enactment of this

Act [Dec. 11, 2000]."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 202(c)(2) of Pub. L. 104-303 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

to any project or separable element thereof with respect to which

the Secretary and the non-Federal interest have not entered into a

project cooperation agreement on or before the date of the

enactment of this Act [Oct. 12, 1996]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 701b-13 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701b-13. Construction of flood control projects by non-Federal

interests

-STATUTE-

(a) Authority

Non-Federal interests are authorized to undertake flood control

projects in the United States, subject to obtaining any permits

required pursuant to Federal and State laws in advance of actual

construction.

(b) Studies and design activities

(1) By non-Federal interests

A non-Federal interest may prepare, for review and approval by

the Secretary, the necessary studies and design documents for any

construction to be undertaken pursuant to subsection (a) of this

section.

(2) By Secretary

Upon request of an appropriate non-Federal interest, the

Secretary may undertake all necessary studies and design

activities for any construction to be undertaken pursuant to

subsection (a) of this section and provide technical assistance

in obtaining all necessary permits for such construction if the

non-Federal interest contracts with the Secretary to provide to

the United States funds for the studies and design activities

during the period in which the studies and design activities will

be conducted.

In the case of any study or design documents for a flood control

project that were initiated before October 12, 1996, the Secretary

may complete and transmit to the appropriate non-Federal interests

the study or design documents or, upon the request of such

non-Federal interests, terminate the study or design activities and

transmit the partially completed study or design documents to such

non-Federal interests for completion. Studies and design documents

subject to this subsection shall be completed without regard to the

requirements of subsection (b) of this section.

(d) Authority to carry out improvement

(1) In general

(A) Studies and design activities under subsection (b)

(i) In general

A non-Federal interest may carry out construction for which

studies and design documents are prepared under subsection

(b) of this section only if the Secretary approves the

project for construction.

(ii) Criteria for approval

The Secretary shall approve a project for construction if

the Secretary determines that the project is technically

sound, economically justified, and environmentally acceptable

and meets the requirements for obtaining the appropriate

permits required under the authority of the Secretary.

(iii) No unreasonable withholding of approval

The Secretary shall not unreasonably withhold approval of a

project for construction.

(iv) No effect on regulatory authority

Nothing in this subparagraph affects any regulatory

authority of the Secretary.

(B) Studies and design activities under subsection (c)

Any non-Federal interest that has received from the Secretary

under subsection (c) of this section a favorable recommendation

to carry out a flood control project, or separable element of a

flood control project, based on the results of completed

studies and design documents for the project or element may

carry out the project or element if a final environmental

impact statement under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) has been filed for the project or

element.

(2) Permits

Any plan of improvement proposed to be implemented in

accordance with this subsection (other than paragraph (1)(A))

shall be deemed to satisfy the requirements for obtaining the

appropriate permits required under the Secretary's authority.

Such permits shall be granted subject to the non-Federal

interest's acceptance of the terms and conditions of such permits

if the Secretary determines that the applicable regulatory

criteria and procedures have been satisfied.

(3) Monitoring

The Secretary shall monitor any project for which a permit is

granted under this subsection in order to ensure that such

project is constructed, operated, and maintained in accordance

with the terms and conditions of such permit.

(e) Reimbursement

(1) General rule

Subject to appropriations Acts, the Secretary may reimburse any

non-Federal interest an amount equal to the estimate of the

Federal share, without interest, of the cost of any authorized

flood control project, or separable element of a flood control

project, constructed pursuant to this section and provide credit

for the non-Federal share of the project -

(A) if, after authorization and before initiation of

construction of the project or separable element, the Secretary

approves the plans for construction of such project by the

non-Federal interest;

(B) if the Secretary finds, after a review of studies and

design documents prepared pursuant to this section, that

construction of the project or separable element is

economically justified and environmentally acceptable; and

with plans prepared under subsection (b) of this section.

(2) Special rules

(A) Reimbursement or credit

For work (including work associated with studies, planning,

design, and construction) carried out by a non-Federal interest

with respect to a project described in subsection (f) of this

section, the Secretary shall, subject to the availability of

appropriations, reimburse, without interest, the non-Federal

interest an amount equal to the estimated Federal share of the

cost of such work, or provide credit (depending on the request

of the non-Federal interest) for the non-Federal share of such

work, if such work is later recommended by the Chief of

Engineers and approved by the Secretary.

(B) Credit

If the non-Federal interest for a project described in

subsection (f) of this section carries out work before

completion of a reconnaissance study by the Secretary and if

such work is determined by the Secretary to be compatible with

the project later recommended by the Secretary, the Secretary

shall credit the non-Federal interest for its share of the cost

of the project for such work.

(3) Matters to be considered in reviewing plans

In reviewing plans under this subsection, the Secretary shall

consider budgetary and programmatic priorities and other factors

that the Secretary considers appropriate.

(4) Monitoring

The Secretary shall regularly monitor and audit any project for

flood control approved for construction under this section by a

non-Federal interest to ensure that such construction is in

compliance with the plans approved by the Secretary and that the

costs are reasonable.

(5) Limitation on reimbursements

The Secretary may not make any reimbursement under this section

until the Secretary determines that the work for which

reimbursement is requested has been performed in accordance with

applicable permits and approved plans.

(6) Schedule and manner of reimbursement

(A) Budgeting

The Secretary shall budget and request appropriations for

reimbursements under this section on a schedule that is

consistent with a Federal construction schedule.

(B) Commencement of reimbursements

Reimbursements under this section may commence on approval of

a project by the Secretary.

At the request of a non-Federal interest, the Secretary may

reimburse the non-Federal interest by providing credit toward

future non-Federal costs of the project.

(D) Scheduling

Nothing in this paragraph affects the discretion of the

President to schedule new construction starts.

(f) Specific projects

For the purpose of demonstrating the potential advantages and

effectiveness of non-Federal implementation of flood control

projects, the Secretary shall enter into agreements pursuant to

this section with non-Federal interests for development of the

following flood control projects by such interests:

(1) Berryessa Creek, California

The Berryessa Creek element of the project for flood control,

Coyote and Berryessa Creeks, California, authorized by section

101(a)(5) of the Water Resources Development Act of 1990 (104

Stat. 4606); except that, subject to the approval of the

Secretary as provided by this section, the non-Federal interest

may design and construct an alternative to such element.

(2) Los Angeles County Drainage Area, California

The project for flood control, Los Angeles County Drainage

Area, California, authorized by section 101(b) of the Water

Resources Development Act of 1990 (104 Stat. 4611).

(3) Stockton Metropolitan Area, California

The project for flood control, Stockton Metropolitan Area,

California.

(4) Upper Guadalupe River, California

The project for flood control, Upper Guadalupe River,

California.

(5) Flamingo and Tropicana Washes, Nevada

The project for flood control, Las Vegas Wash and Tributaries

(Flamingo and Tropicana Washes), Nevada, authorized by section

101(13) of the Water Resources Development Act of 1992 (106 Stat.

4803).

(6) Brays Bayou, Texas

Flood control components comprising the Brays Bayou element of

the project for flood control, Buffalo Bayou and tributaries,

Texas, authorized by section 101(a)(21) of the Water Resources

Development Act of 1990 (104 Stat. 4610); except that, subject to

the approval of the Secretary as provided by this section, the

non-Federal interest may design and construct an alternative to

the diversion component of such element.

(7) Hunting Bayou, Texas

The Hunting Bayou element of the project for flood control,

Buffalo Bayou and tributaries, Texas, authorized by such section;

except that, subject to the approval of the Secretary as provided

by this section, the non-Federal interest may design and

construct an alternative to such element.

(8) White Oak Bayou, Texas

The project for flood control, White Oak Bayou watershed,

Texas.

(g) Treatment of flood damage prevention measures

For the purposes of this section, flood damage prevention

measures at or in the vicinity of Morgan City and Berwick,

Louisiana, shall be treated as an authorized separable element of

the Atchafalaya Basin feature of the project for flood control,

Mississippi River and Tributaries.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 211, Oct. 12, 1996, 110 Stat.

3681; Pub. L. 106-53, title II, Sec. 223, Aug. 17, 1999, 113 Stat.

296; Pub. L. 106-60, title VI, Sec. 606, Sept. 29, 1999, 113 Stat.

501.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

Section 101 of the Water Resources Development Act of 1990,

referred to in subsec. (f)(1), (2), (6), is section 101 of Pub. L.

101-640, title I, Nov. 28, 1990, 104 Stat. 4605, which is not

classified to the Code.

Section 101(13) of the Water Resources Development Act of 1992,

referred to in subsec. (f)(5), is section 101(13) of Pub. L.

102-580, title I, Oct. 31, 1992, 106 Stat. 4803, which is not

classified to the Code.

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-53, Sec. 223(a)(1), added

subpar. (A), designated existing provisions as subpar. (B),

inserted subpar. heading, and substituted "under subsection (c)"

for "pursuant to subsection (b) or (c)".

Subsec. (d)(2). Pub. L. 106-53, Sec. 223(a)(2), inserted "(other

than paragraph (1)(A))" after "this subsection" in first sentence.

Subsec. (e)(1). Pub. L. 106-53, Sec. 223(b)(1), inserted "and

provide credit for the non-Federal share of the project" after

"constructed pursuant to this section" in introductory provisions,

and added subpar. (C).

Subsec. (e)(2)(A). Pub. L. 106-60, which directed the amendment

of subpar. (A) by striking out "in advance in appropriations Acts",

could not be executed because that phrase did not appear in text

subsequent to the amendment by Pub. L. 106-53, Sec. 223(b)(2). See

below.

Pub. L. 106-53, Sec. 223(b)(2), in subpar. heading, inserted "or

credit" after "Reimbursement" and, in text, substituted "subject to

the availability of appropriations" for "subject to amounts being

made available in advance in appropriations Acts" and inserted ",

or provide credit (depending on the request of the non-Federal

interest) for the non-Federal share of such work," after "the cost

of such work".

Subsec. (e)(6). Pub. L. 106-53, Sec. 223(b)(3), added par. (6).

-End-

-CITE-

33 USC Sec. 701c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701c. Rights-of-way, easements, etc.; acquisition by local

authorities; maintenance and operation; protection of United

States from liability for damages; requisites to run-off and

water-flow retardation and soil erosion prevention assistance

-STATUTE-

After June 22, 1936, no money appropriated under authority of

section 701f of this title shall be expended on the construction of

any project until States, political subdivisions thereof, or other

responsible local agencies have given assurances satisfactory to

the Secretary of the Army that they will (a) provide without cost

to the United States all lands, easements, and rights-of-way

necessary for the construction of the project, except as otherwise

provided herein; (b) hold and save the United States free from

damages due to the construction works; (c) maintain and operate all

the works after completion in accordance with regulations

prescribed by the Secretary of the Army: Provided, That the

construction of any dam authorized herein, may be undertaken

without delay when the dam site has been acquired and the

assurances prescribed herein have been furnished, without awaiting

the acquisition of the easements and rights-of-way required for the

reservoir area: And provided further, That whenever expenditures

for lands, easements, and rights-of-way by States, political

subdivisions thereof, or responsible local agencies for any

individual project or useful part thereof shall have exceeded the

present estimated construction cost therefor, the local agency

concerned may be reimbursed one-half of its excess expenditures

over said estimated construction cost: And provided further, That

when benefits of any project or useful part thereof accrue to lands

and property outside of the State in which said project or part

thereof is located, the Secretary of the Army with the consent of

the State wherein the same are located may acquire the necessary

lands, easements, and rights-of-way for said project or part

thereof after he has received from the States, political

subdivisions thereof, or responsible local agencies benefited the

present estimated cost of said lands, easements, and rights-of-way,

less one-half the amount by which the estimated cost of these

lands, easements, and rights-of-way exceeds the estimated

construction cost corresponding thereto: And provided further, That

the Secretary of the Army shall determine the proportion of the

present estimated cost of said lands, easements, and rights-of-way

that each State, political subdivision thereof, or responsible

local agency should contribute in consideration for the benefits to

be received by such agencies: And provided further, That whenever

not less than 75 per centum of the benefits as estimated by the

Secretary of the Army of any project or useful part thereof accrue

to lands and property outside of the State in which said project or

part thereof is located, provision (c) of this section shall not

apply thereto; nothing herein shall impair or abridge the powers

now existing in the Department of the Army with respect to

navigable streams: And provided further, That nothing herein shall

be construed to interfere with the completion of any reservoir or

flood control work authorized by the Congress and now under way.

(d) As a condition to the extending of any benefits, in

prosecuting measures for run-off and water-flow retardation and

soil erosion prevention authorized by Act of Congress pursuant to

the policy declared in section 701a of this title, to any lands not

owned or controlled by the United States or any of its agencies,

the Secretary of Agriculture may, insofar as he may deem necessary

for the purposes of such Act, require -

(1) The enactment and reasonable safeguards for the enforcement

of State and local laws imposing suitable permanent restrictions

on the use of such lands and otherwise providing for run-off and

waterflow retardation and soil-erosion prevention;

(2) Agreements or covenants as to the permanent use of such

lands; and

(3) Contributions in money, services, materials, or otherwise

to any operations conferring such benefits.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 3, 49 Stat. 1571; Aug. 28, 1937, ch.

877, Sec. 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 22, 1936, ch. 688, 49

Stat. 1570, as amended, popularly known as the Flood Control Act of

June 22, 1936, which to the extent classified to the Code enacted

sections 701a, 701b, 701c, 701d to 701f, and 701h of this title.

For complete classification of this Act to the Code, see Tables.

Portions of section 5 of act June 22, 1936, enumerating certain

dams to be constructed, were not classified to the Code.

-MISC1-

AMENDMENTS

1937 - Act Aug. 28, 1937, added subsec. (d).

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPLICABILITY OF SECTION TO FLOOD CONTROL WORKS AUTHORIZED BY FLOOD

CONTROL ACTS

Pub. L. 90-483, title II, Sec. 201, Aug. 13, 1968, 82 Stat. 739,

provided that: "Section 3 of the Act approved June 22, 1936 (Public

Law Numbered 738, Seventy-fourth Congress) [this section], as

amended by section 2 of the Act approved June 28, 1938 (Public Law

Numbered 761, Seventy-fifth Congress) [section 701c-1 of this

title], shall apply to all works authorized in this title except

that for any channel improvement or channel rectification project,

provisions (a), (b), and (c) of section 3 of said Act of June 22,

1936 [this section], shall apply thereto, except as otherwise

provided by law. The authorization for any flood control project

herein authorized by this Act [Pub. L. 90-483] requiring local

cooperation shall expire five years from the date on which local

interests are notified in writing by the Secretary of the Army or

his designee of the requirements of local cooperation, unless said

interests shall within said time furnish assurances satisfactory to

the Secretary of the Army that the required cooperation will be

furnished."

Similar provisions were contained in the following prior acts:

Nov. 7, 1966, Pub. L. 89-789, title II, Sec. 201, 80 Stat. 1418.

Oct. 27, 1965, Pub. L. 89-298, title II, Sec. 202, 79 Stat. 1074.

Sept. 3, 1954, ch. 1264, title II, Sec. 201, 68 Stat. 1256.

May 17, 1950, ch. 188, title II, Sec. 201, 64 Stat. 170.

June 30, 1948, ch. 771, title II, Sec. 201, 62 Stat. 1175.

July 24, 1946, ch. 596, Sec. 2, 60 Stat. 641.

Dec. 22, 1944, ch. 665, Sec. 3, 58 Stat. 889.

APPLICATION OF SECTION

Act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215, provided that

this section, as theretofore amended and therein further modified,

should apply to all flood control projects, except as otherwise

specifically provided by law. For modification of this section by

that act, see section 701c-1 of this title.

MUSKINGUM RIVER VALLEY

Provisions of act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215,

referred to above, were extended to the Muskingum River Valley dams

and reservoirs by section 4 of act Aug. 11, 1939, ch. 699, 53 Stat.

1414.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-2, 701b-7, 701b-11,

701c-1, 701e, 701s of this title.

-End-

-CITE-

33 USC Sec. 701c-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701c-1. Acquirement of titles for certain projects and to

lands, easements, rights-of-way; reimbursement of local agencies

-STATUTE-

In case of any dam and reservoir project, or channel improvement

or channel rectification project for flood control, herein

authorized or heretofore authorized by the Act of June 22, 1936, as

amended, and sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to

702h, 702i to 702m, and 704 of this title, title to all lands,

easements, and rights-of-way for such project shall be acquired by

the United States or by States, political subdivisions thereof or

other responsible local agencies and conveyed to the United States,

and provisions of clauses (a), (b), and (c) of section 701c of this

title shall not apply thereto. Notwithstanding any restrictions,

limitations, or requirement of prior consent provided by any other

Act, the Secretary of the Army is authorized and directed to

acquire in the name of the United States title to all lands,

easements, and rights-of-way necessary for any dam and reservoir

project or channel improvement or channel rectification project for

flood control, with funds heretofore or hereafter appropriated or

made available for such projects, and States, political

subdivisions thereof, or other responsible local agencies, shall be

granted and reimbursed, from such funds, sums equivalent to actual

expenditures deemed reasonable by the Secretary of the Army and the

Chief of Engineers and made by them in acquiring lands, easements,

and rights-of-way for any dam and reservoir project, or any channel

improvement or channel rectification project for flood control

heretofore or herein authorized: Provided, That no reimbursement

shall be made for any indirect or speculative damages: Provided

further, That lands, easements, and rights-of-way shall include

lands on which dams, reservoirs, channel improvements, and channel

rectifications are located; lands or flowage rights in reservoirs

and highway, railway, and utility relocation: Provided further,

That in all cases of the acquisition hereunder by the United States

from the Los Angeles County Flood Control District or the Muskingum

Watershed Conservancy District of lands, easements, or

rights-of-way, wherein the written opinion of the Attorney General

in favor of the validity of the title to such lands, easements, or

rights-of-way is or may be required or authorized by law, the

Attorney General may, in his discretion, base such opinion upon a

certificate of title of the district from which said lands,

easements, or rights-of-way are to be acquired accompanied by an

agreement, duly executed by the district in conformity with the

constitutions and laws of the State where the district in question

is situated to indemnify the United States against all claims,

liabilities, loss, expenses, and attorneys' fees of whatsoever kind

or nature, resulting from or arising out of any defect or defects

whatsoever in the title to any such lands, easements, or

rights-of-way so conveyed to the United States, including all just

compensation, costs, and expenses which may be incurred in any

condemnation proceeding deemed necessary and instituted by the

United States in order to perfect title to any such lands,

easements, or rights-of-way.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215; Aug. 11, 1939, ch.

699, Sec. 5, 53 Stat. 1415; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 28, 1938, ch. 795, 75

Stat. 1215, as amended, popularly known as the Flood Control Act of

June 28, 1938, which to the extent classified to the Code enacted

sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1

1/2 , 702a-11, and 706 of this title. For complete classification

of this Act to the Code, see Tables.

Act of June 22, 1936, referred to in text, is act June 22, 1936,

ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood

Control Act of June 22, 1936, which to the extent classified to the

Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of

this title. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section comprises last paragraph of section 2 of act June 28,

1938. First paragraph of such section 2 is referred to in an

Application of Section note under section 701c of this title.

-MISC1-

AMENDMENTS

1939 - Act Aug. 11, 1939, inserted last proviso.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701f-1, 701j of

this title.

-End-

-CITE-

33 USC Sec. 701c-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701c-2. Acquisition and sale of land

-STATUTE-

The provisions of sections 593 to 595 of this title relating to

river and harbor improvements are made applicable to works of flood

control heretofore or hereafter authorized.

-SOURCE-

(Aug. 18, 1941, ch. 377, Sec. 6, 55 Stat. 650; Oct. 31, 1951, ch.

654, Sec. 3(6), 65 Stat. 708.)

-MISC1-

AMENDMENTS

1951 - Act Oct. 31, 1951, struck out "558a and" in the reference

to other sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702a-12 of this title.

-End-

-CITE-

33 USC Sec. 701c-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701c-3. Lease receipts; payment of portion to States

-STATUTE-

75 per centum of all moneys received and deposited in the

Treasury of the United States during any fiscal year on account of

the leasing of lands acquired by the United States for flood

control, navigation, and allied purposes, including the development

of hydroelectric power, shall be paid at the end of such year by

the Secretary of the Treasury to the State in which such property

is situated, to be expended as the State legislature may prescribe

for the benefit of public schools and public roads of the county,

or counties, in which such property is situated, or for defraying

any of the expenses of county government in such county or

counties, including public obligations of levee and drainage

districts for flood control and drainage improvements: Provided,

That when such property is situated in more than one State or

county, the distributive share to each from the proceeds of such

property shall be proportional to its area therein. For the

purposes of this section, the term "money" includes, but is not

limited to, such bonuses, royalties and rentals (and any interest

or other charge paid to the United States by reason of the late

payment of any royalty, rent, bonus or other amount due to the

United States) paid to the United States from a mineral lease

issued under the authority of the Mineral Leasing Act for Acquired

Lands [30 U.S.C. 351 et seq.] or paid to the United States from a

mineral lease in existence at the time of the acquisition of the

land by the United States.

-SOURCE-

(Aug. 18, 1941, ch. 377, Sec. 7, 55 Stat. 650; July 24, 1946, ch.

596, Sec. 5, 60 Stat. 642; June 16, 1953, ch. 114, 67 Stat. 61;

Sept. 3, 1954, ch. 1264, title II, Sec. 206, 68 Stat. 1266; Pub. L.

102-486, title XXV, Sec. 2506(c), Oct. 24, 1992, 106 Stat. 3107.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Leasing Act for Acquired Lands, referred to in text,

is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended, which is

classified generally to chapter 7 (Sec. 351 et seq.) of Title 30,

Mineral Lands and Mining. For complete classification of this Act

to the Code, see Short Title note set out under section 351 of

Title 30 and Tables.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 inserted sentence at end defining term

"money" for purposes of this section.

1954 - Act Sept. 3, 1954, extended the 75 percent rental

provision so as also to include moneys received and deposited with

respect to the leasing of lands acquired for navigation and allied

purposes.

1953 - Act June 16, 1953, inserted "or for defraying any of the

expenses of county government in such county or counties, including

public obligations of levee and drainage districts for flood

control and drainage improvements" after "situated".

1946 - Act July 24, 1946, increased the percentage return to the

States from 25 percent to 75 percent.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702a-12 of this title.

-End-

-CITE-

33 USC Sec. 701d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701d. Compacts between States; consent of Congress

-STATUTE-

The consent of Congress is given to any two or more States to

enter into compacts or agreements in connection with any project or

operation authorized by this Act for flood control or the

prevention of damage to life or property by reason of floods upon

any stream or streams and their tributaries which lie in two or

more such States, for the purpose of providing, in such manner and

such proportion as may be agreed upon by such States and approved

by the Secretary of the Army, funds for construction and

maintenance, for the payment of damages, and for the purchase of

rights-of-way, lands, and easements in connection with such project

or operation. No such compact or agreement shall become effective

without the further consent or ratification of Congress, except a

compact or agreement which provides that all money to be expended

pursuant thereto and all work to be performed thereunder shall be

expended and performed by the Department of the Army, with the

exception of such reasonable sums as may be reserved by the States

entering into the compact or agreement for the purpose of

collecting taxes and maintaining the necessary State organizations

for carrying out the compact or agreement.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 4, 49 Stat. 1571; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 22, 1936, ch. 688, 49

Stat. 1570, as amended, popularly known as the Flood Control Act of

June 22, 1936, which to the extent classified to the Code enacted

sections 701a, 701b, 701c, 701d to 701f, and 701h of this title.

For complete classification of this Act to the Code, see Tables.

Portions of section 5 and sections 6 and 7 of act June 22, 1936,

enumerating certain projects and operations with regard to flood

control, were not classified to the Code.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-2, 701b-7, 701c-1,

701e of this title.

-End-

-CITE-

33 USC Sec. 701e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701e. Effect of act June 22, 1936, on provisions for

Mississippi River and other projects

-STATUTE-

Nothing in this Act shall be construed as repealing or amending

any provision of sections 702a, 702b to 702d, 702e to 702g, 702h,

702i, 702j, 702k, 702l, 702m, and 704 of this title. The authority

conferred by this Act and any funds appropriated pursuant thereto

for expenditure are supplemental to all other authority and

appropriations relating to the departments or agencies concerned,

and nothing in this Act shall be construed to limit or retard any

department or agency in carrying out similar and related activities

heretofore or hereafter authorized, or to limit the exercise of

powers conferred on any department or agency by other provisions of

law is (!1) carrying out similar and related activities.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 8, 49 Stat. 1596.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 22, 1936, ch. 688, 49

Stat. 1570, as amended, popularly known as the Flood Control Act of

June 22, 1936, which to the extent classified to the Code enacted

sections 701a, 701b, 701c, 701d to 701f, and 701h of this title.

For complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-2, 701b-7, 701c-1 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "in".

-End-

-CITE-

33 USC Sec. 701f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701f. Authorization of appropriations

-STATUTE-

The sum of $310,000,000 is authorized to be appropriated for

carrying out the improvements herein and the sum of $10,000,000 is

authorized to be appropriated and expended in equal amounts by the

Departments of the Army and Agriculture for carrying out any

examinations and surveys provided for in this Act and other Acts of

Congress.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 9, 49 Stat. 1596; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

"Herein", and "this Act", referred to in text, means act June 22,

1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the

Flood Control Act of June 22, 1936, which to the extent classified

to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and

701h of this title. For complete classification of this Act to the

Code, see Tables. Portions of section 5 of act June 22, 1936,

enumerating certain improvements with regard to flood control, and

sections 6 and 7 of that act, relating to examinations and surveys,

were not classified to the Code.

-COD-

CODIFICATION

The first proviso, relating to a limitation upon the amount of

expenditure during the fiscal year 1937, was deleted as executed

and obsolete. The second proviso, relating to payment from funds

available to the Works Progress Administration, was also omitted as

executed and obsolete. The Works Progress Administration was

renamed the Work Projects Administration by Reorg. Plan No. 1 of

1939, Sec. 306, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, set

out in the Appendix to Title 5, Government Organization and

Employees. Liquidation was ordered by President's letter of

December 4, 1942, and appropriations for it authorized by act July

12, 1943, ch. 229, title I, 57 Stat. 540.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

ADOPTION OF IMPROVEMENTS

Works of improvement adopted and authorized to be prosecuted are

listed in section 5 of act June 22, 1936, ch. 688, 49 Stat. 1596,

referred to in this section, as amended or supplemented by acts

Aug. 28, 1937, ch. 877, Sec. 1, 50 Stat. 876; June 28, 1938, ch.

795, Sec. 4, 52 Stat. 1216; Aug. 11, 1939, ch. 699, Sec. 4, 53

Stat. 1414; Aug. 18, 1941, ch. 377, Sec. 3, 55 Stat. 639; Dec. 22,

1944, ch. 665, Sec. 10, 58 Stat. 891; July 24, 1946, ch. 596, Sec.

10, 60 Stat. 643.

AUTHORIZATION OF EXAMINATIONS AND SURVEYS

Localities at which preliminary examinations and surveys are

authorized to be made are listed in acts June 22, 1936, ch. 688,

Sec. 6, 49 Stat. 1592; Aug. 28, 1937, ch. 877, Sec. 5, 50 Stat.

877; and June 28, 1938, ch. 795, Sec. 6, 52 Stat. 1223; Aug. 11,

1939, ch. 699, Sec. 6, 53 Stat. 1415; Aug. 18, 1941, ch. 377, Sec.

4, 55 Stat. 648; Dec. 22, 1944, ch. 665, Sec. 11, 58 Stat. 903;

July 24, 1946, ch. 596, Sec. 11, 60 Stat. 651.

CONTINUANCE OF EXAMINATIONS AND SURVEYS

Localities at which the continuance of examinations and surveys

already undertaken is authorized are listed in act June 22, 1936,

ch. 688, Sec. 7, 49 Stat. 1596.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-2, 701b-7, 701c,

701c-1, 701e of this title.

-End-

-CITE-

33 USC Sec. 701f-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701f-1. Additional authorization

-STATUTE-

The sum of $375,000,000 is hereby authorized to be appropriated

for carrying out the improvements herein over the five-year period

ending June 30, 1944, and the sum of $10,000,000 additional is

authorized to be appropriated and expended in equal amounts by the

Departments of the Army and Agriculture for carrying out any

examinations and surveys provided for in this Act and any other

Acts of Congress, to be prosecuted by said Departments. The sum of

$1,500,000 additional is authorized to be appropriated and expended

by the Secretary of Energy for carrying out any examinations and

surveys provided for in this Act or any other Acts of Congress, to

be prosecuted by the said Secretary of Energy.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 9, 52 Stat. 1226; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 95-91, title III,

Sec. 301(b), Aug. 4, 1977, 91 Stat. 578.)

-REFTEXT-

REFERENCES IN TEXT

"Herein" and "this Act", referred to in text, mean act June 28,

1938, ch. 795, 52 Stat. 1215, as amended, popularly known as the

Flood Control Act of June 28, 1938, which to the extent classified

to the Code enacted sections 701b, 701b-1, 701b-2, 701c-1, 701f-1,

701i, 701j, 702a-1 1/2 , 702a-11, and 706 of this title. For

complete classification of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted in text for "Federal Power

Commission" on authority of Pub. L. 95-91, title III, Sec. 301(b),

Aug. 4, 1977, 91 Stat. 577, which is classified to section 7151(b)

of Title 42, The Public Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

ADDITIONAL AUTHORIZATION

Sections 15 and 17 of act July 24, 1946, ch. 596, 60 Stat. 653,

provided:

"Sec. 15. That the sum of $772,000,000 is hereby authorized to be

appropriated for carrying out improvements by the War Department

[now Department of the Army], the sum of $10,000,000 additional is

authorized to be appropriated and expended in equal amounts by the

Departments of War [now Army] and Agriculture for carrying out any

examination or survey provided for in this Act and any other Acts

of Congress to be prosecuted by said Departments.

"Sec. 17. That the $5,000,000 authorized to be appropriated in

section 10 of the Flood Control Act approved August 18, 1941 [set

out as a note under this section], is reauthorized to be

appropriated, and the sum of $20,000,000 additional is authorized

to be appropriated, for expenditure by the Department of

Agriculture for the prosecution of the works of improvement

authorized to be carried out by that Department by the Flood

Control Act of December 22, 1944 [act Dec. 22, 1944, ch. 665, 58

Stat. 887]."

Act Aug. 18, 1941, ch. 377, Sec. 10, 55 Stat. 651, provided as

follows: "That the sum of $275,000,000 is hereby authorized to be

appropriated for carrying out the improvements herein, the sum of

$10,000,000 additional is authorized to be appropriated and

expended in equal amounts by the Departments of War [now Army] and

Agriculture for carrying out any examinations and surveys provided

for in this Act and any other Acts of Congress to be prosecuted by

said departments. There is also hereby authorized to be

appropriated for expenditure by the Department of Agriculture in

carrying on works of improvement of the character specified in

section 7 of the Flood Control Act of June 28, 1938 [section 701b-1

of this title], and which the Department is not otherwise

authorized to undertake, such additional sums, not to exceed

$5,000,000, as may be necessary for that purpose. All

appropriations necessary for operation and maintenance of

flood-control works authorized by law to be operated and maintained

by the United States are hereby authorized."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1 of this

title.

-End-

-CITE-

33 USC Sec. 701f-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701f-2. Funds for specific and authorized projects merged with

and accounted for under regular annual appropriation

-STATUTE-

Funds on and after May 17, 1950, appropriated for a specific and

heretofore authorized project for a river, harbor, or flood-control

works shall be merged with and be accounted for under the regular

annual appropriation title applicable to such item.

-SOURCE-

(May 17, 1950, ch. 188, title II, Sec. 207, 64 Stat. 182.)

-End-

-CITE-

33 USC Sec. 701f-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701f-3. Expenditure in watersheds of funds appropriated for

flood prevention purposes

-STATUTE-

On and after May 23, 1955, the funds appropriated for flood

prevention purposes may be expended in watersheds heretofore

authorized by section 13 of the Flood Control Act of December 22,

1944, as amended, for necessary measures for the prevention of

erosion, floodwater, and sediment damages, including gully control,

floodwater detention, and floodway structures, in areas other than

those over which the Department of the Army has jurisdiction and

responsibility, and where the Army does have jurisdiction and

responsibility, may enter into agreements with the Army to carry

out jointly the measures heretofore set out and in areas where the

Secretary is authorized to purchase land rights for structural

measures, the Secretary in lieu of such acquisition, may reimburse

local organizations for such proportionate share of the cost of

land rights furnished by local organizations as the Secretary deems

equitable in consideration of the national interest.

-SOURCE-

(May 23, 1955, ch. 43, title I, Sec. 101, 69 Stat. 54; Pub. L.

91-566, title I, Sec. 101, Dec. 22, 1970, 84 Stat. 1484.)

-REFTEXT-

REFERENCES IN TEXT

Section 13 of the Flood Control Act of December 22, 1944,

referred to in text, is section 13 of act Dec. 22, 1944, ch. 665,

58 Stat. 905, which was not classified to the Code. Such section 13

authorized the following works of improvement for run-off and

waterflow retardation, and soil erosion prevention: Los Angeles

River Basin; Santa Ynez River Watershed; Trinity River Basin

(Texas); Little Tallahatchie River Watershed; Yazoo River

Watershed; Coosa River Watershed (above Rome, Georgia); Little

Sioux River Watershed; Potomac River Watershed; Buffalo Creek

Watershed (New York); Colorado River Watershed (Texas), and Washita

River Watershed.

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-566 empowered the Secretary, where the Army

does have jurisdiction and responsibility, to enter into agreements

with the Army to carry out jointly the measures heretofore set out

and in areas where the Secretary is authorized to purchase land

rights for structural measures, permitted the Secretary in lieu of

such acquisition, to reimburse local organizations for such

proportionate share of the cost of land rights furnished as the

Secretary deems equitable in consideration of the national

interest.

-End-

-CITE-

33 USC Sec. 701g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701g. Removal of obstructions; clearing channels

-STATUTE-

The Secretary of the Army is authorized to allot not to exceed

$7,500,000 from any appropriations heretofore or hereafter made for

any one fiscal year for flood control, for removing accumulated

snags and other debris, and clearing and straightening the channel

in navigable streams and tributaries thereof, when in the opinion

of the Chief of Engineers such work is advisable in the interest of

flood control: Provided, That not more than $500,000 shall be

expended for this purpose for any single tributary from the

appropriations for any one fiscal year.

-SOURCE-

(Aug. 28, 1937, ch. 877, Sec. 2, 50 Stat. 877; Aug. 11, 1939, ch.

699, Sec. 1, 53 Stat. 1414; Aug. 18, 1941, ch. 377, Sec. 9, 55

Stat. 650; July 24, 1946, ch. 596, Sec. 13, 60 Stat. 652; July 26,

1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Sept. 3, 1954,

ch. 1264, title II, Sec. 208, 68 Stat. 1266; Pub. L. 93-251, title

I, Sec. 26, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99-662, title IX,

Sec. 915(b), Nov. 17, 1986, 100 Stat. 4191.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 substituted "$7,500,000" for "$5,000,000"

and "$500,000" for "$250,000".

1974 - Pub. L. 93-251 substituted "$5,000,000" for "$2,000,000"

and "$250,000" for "$100,000".

1954 - Act Sept. 3, 1954, substituted "$2,000,000" for

"$1,000,000" and "$100,000" for "$50,000".

1946 - Act July 24, 1946, substituted "$1,000,000" for "$500,000"

and "$50,000" for "$25,000".

1941 - Act Aug. 18, 1941, substituted "$500,000" for "$300,000".

1939 - Act Aug. 11, 1939, authorized Secretary to allot instead

of to approve amount for flood control and limited amount allotted

instead of expended for any single tributary.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-662 not applicable to any project under

contract for construction on Nov. 17, 1986, see section 915(i) of

Pub. L. 99-662, set out as a note under section 426g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 702a-12, 2282,

2290 of this title.

-End-

-CITE-

33 USC Sec. 701h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701h. Contributions by States and political subdivisions

-STATUTE-

The Secretary of the Army is authorized to receive from States

and political subdivisions thereof, such funds as may be

contributed by them to be expended in connection with funds

appropriated by the United States for any authorized flood control

or environmental restoration work whenever such work and

expenditure may be considered by the Secretary of the Army, on

recommendation of the Chief of Engineers, as advantageous in the

public interest, and the plans for any reservoir project may, in

the discretion of the Secretary of the Army, on recommendation of

the Chief of Engineers, be modified to provide additional storage

capacity for domestic water supply or other conservation storage,

on condition that the cost of such increased storage capacity is

contributed by local agencies and that the local agencies agree to

utilize such additional storage capacity in a manner consistent

with Federal uses and purposes: Provided, That when contributions

made by States and political subdivisions thereof, are in excess of

the actual cost of the work contemplated and properly chargeable to

such contributions, such excess contributions may, with the

approval of the Secretary of the Army, be returned to the proper

representatives of the contributing interests.

-SOURCE-

(June 22, 1936, ch. 688, Sec. 5, as added July 19, 1937, ch. 511,

Sec. 1, 50 Stat. 518; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; Pub. L. 106-53, title II, Sec. 203, Aug. 17,

1999, 113 Stat. 285.)

-COD-

CODIFICATION

Provisions of section 5 of act June 22, 1936, authorizing

enumerated works of improvement were not classified to the Code.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-53 inserted "or environmental restoration"

after "flood control".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-2, 701b-7, 701c-1,

701e, 701h-1 of this title.

-End-

-CITE-

33 USC Sec. 701h-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701h-1. Contributions by States and political subdivisions for

immediate use on authorized flood-control work; repayment

-STATUTE-

Whenever any State or political subdivision thereof shall offer

to advance funds for a flood-control project duly adopted and

authorized by law the Secretary of the Army may in his discretion,

receive such funds and expend the same in the immediate prosecution

of such work. The Secretary of the Army is authorized and directed

to repay without interest, from appropriations which may be

provided by Congress for flood-control work, the moneys so

contributed and expended: Provided, however, That no repayment of

funds which may be contributed for the purpose of meeting any

conditions of local cooperation imposed by Congress, or under the

authority of section 701h of this title, shall be made.

-SOURCE-

(Oct. 15, 1940, ch. 884, 54 Stat. 1176; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 701i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701i. Elimination from protection of areas subject to

evacuation

-STATUTE-

In any case where the construction cost of levees or flood walls

included in any authorized project can be substantially reduced by

the evacuation of a portion or all of the area proposed to be

protected and by the elimination of that portion or all of the area

from the protection to be afforded by the project, the Chief of

Engineers may modify the plan of said project so as to eliminate

said portion or all of the area: Provided, That a sum not

substantially exceeding the amount thus saved in construction cost

may be expended by the Chief of Engineers, or in his discretion may

be transferred to any other appropriate Federal agency for

expenditure, toward the evacuation of the locality eliminated from

protection and the rehabilitation of the persons so evacuated: And

provided further, That the Chief of Engineers may, if he so

desires, enter into agreement with States, local agencies, or the

individuals concerned for the accomplishment by them, of such

evacuation and rehabilitation and for their reimbursement from said

sum for expenditures actually incurred by them for this purpose.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 3, 52 Stat. 1216.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1, 701f-1,

701j of this title.

-End-

-CITE-

33 USC Sec. 701j 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701j. Installation in dams of facilities for future

development of hydroelectric power

-STATUTE-

Penstocks or other similar facilities adapted to possible future

use in the development of hydroelectric power shall be installed in

any dam herein authorized when approved by the Secretary of the

Army upon the recommendation of the Chief of Engineers and of the

Secretary of Energy.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 4, 52 Stat. 1216; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 95-91, title III,

Sec. 301(b), Aug. 4, 1977, 91 Stat. 578.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 28, 1938, ch. 795, 52

Stat. 1215, as amended, popularly known as the Flood Control Act of

June 28, 1938, which to the extent classified to the Code enacted

sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1

1/2 , 702a-11, and 706 of this title. For complete classification

of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" substituted in text for "Federal Power

Commission" on authority of Pub. L. 95-91, title III, Sec. 301(b),

which is classified to section 7151(b) of Title 42, The Public

Health and Welfare.

For transfer of functions of Federal Power Commission, with

certain reservations, to chairman of such Commission, see Reorg.

Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64

Stat. 1265, set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

SIMILAR PROVISIONS

Similar provisions with reference to dams authorized in such acts

were contained in acts Aug. 18, 1941, ch. 377, Sec. 3, 55 Stat.

639; Dec. 22, 1944, ch. 665, Sec. 10, 58 Stat. 891; July 24, 1946,

ch. 596, Sec. 10, 60 Stat. 643.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1, 701f-1 of

this title.

-End-

-CITE-

33 USC Sec. 701k 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701k. Crediting reimbursements for lost, stolen, or damaged

property

-STATUTE-

Any amounts collected from any person, persons, or corporations

as a reimbursement for lost, stolen, or damaged property, purchased

in connection with river and harbor or flood control work

prosecuted under the direction of the Secretary of the Army and the

supervision of the Chief of Engineers, whether collected in cash or

by deduction from amounts otherwise due such person, persons, or

corporations, on and after June 20, 1938, shall be credited in each

case to the appropriation that bore the cost of purchase, repair,

or replacement of the lost, stolen, or damaged property.

-SOURCE-

(June 20, 1938, ch. 535, Sec. 4, 52 Stat. 805; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is also set out as section 571 of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Secs. 701l, 701l-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Secs. 701g742l, 701g742l-1. Repealed. Pub. L. 89-554, Sec. 8(a),

Sept. 6, 1966, 80 Stat. 650, 656

-MISC1-

Section 701l, act June 20, 1938, ch. 535, Sec. 5, 52 Stat. 805,

related to employment of retired civil service employees. See

section 3323 of Title 5, Government Organization and Employees.

Section 701l-1, act May 17, 1950, ch. 188, title II, Sec. 214, 64

Stat. 184, provided that section 947 of former Title 5, Executive

Departments and Government Officers and Employees, should not be

construed to prevent employment of additional personnel.

-End-

-CITE-

33 USC Sec. 701m 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701m. Insufficient Congressional authorization; preparations

for and modification of project

-STATUTE-

In any case where the total authorization for a project

heretofore or hereafter authorized by Congress is not sufficient to

complete plans that may have been made the Chief of Engineers is

authorized in his discretion to plan and make expenditures on

preparations for the project, such as the purchase of lands,

easements, and rights-of-way; readjustments of roads, railroads,

and other utilities; removal of towns, cemeteries, and dwellings

from reservoir sites; and the construction of foundations. The

Chief of Engineers is also authorized in his discretion to modify

the plan for any dam or other work heretofore or hereafter

authorized so that such dam or work will be smaller than originally

planned with a view to completing a useful improvement within an

authorization: Provided, That the smaller structure shall be

located on the chosen site so that it will be feasible at some

future time to enlarge the work in order to permit the full

utilization of the site for all purposes of conservation such as

flood control, navigation, reclamation, the development of

hydroelectric power, and the abatement of pollution.

-SOURCE-

(Aug. 18, 1941, ch. 377, Sec. 2, 55 Stat. 638.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702a-12 of this title.

-End-

-CITE-

33 USC Sec. 701n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701n. Emergency response to natural disasters

-STATUTE-

(a) Emergency fund

(1) There is authorized an emergency fund to be expended in

preparation for emergency response to any natural disaster, in

flood fighting and rescue operations, or in the repair or

restoration of any flood control work threatened or destroyed by

flood, including the strengthening, raising, extending, or other

modification thereof as may be necessary in the discretion of the

Chief of Engineers for the adequate functioning of the work for

flood control, or in implementation of nonstructural alternatives

to the repair or restoration of such flood control work if

requested by the non-Federal sponsor; in the emergency protection

of federally authorized hurricane or shore protection being

threatened when in the discretion of the Chief of Engineers such

protection is warranted to protect against imminent and substantial

loss to life and property; in the repair and restoration of any

federally authorized hurricane or shore protective structure

damaged or destroyed by wind, wave, or water action of other than

an ordinary nature when in the discretion of the Chief of Engineers

such repair and restoration is warranted for the adequate

functioning of the structure for hurricane or shore protection. The

emergency fund may also be expended for emergency dredging for

restoration of authorized project depths for Federal navigable

channels and waterways made necessary by flood, drought,

earthquake, or other natural disasters. In any case in which the

Chief of Engineers is otherwise performing work under this section

in an area for which the Governor of the affected State has

requested a determination that an emergency exists or a declaration

that a major disaster exists under the Disaster Relief and

Emergency Assistance Act [42 U.S.C. 5121 et seq.], the Chief of

Engineers is further authorized to perform on public and private

lands and waters for a period of ten days following the Governor's

request any emergency work made necessary by such emergency or

disaster which is essential for the preservation of life and

property, including, but not limited to, channel clearance,

emergency shore protection, clearance and removal of debris and

wreckage endangering public health and safety, and temporary

restoration of essential public facilities and services. The Chief

of Engineers, in the exercise of his discretion, is further

authorized to provide emergency supplies of clean water, on such

terms as he determines to be advisable, to any locality which he

finds is confronted with a source of contaminated water causing or

likely to cause a substantial threat to the public health and

welfare of the inhabitants of the locality. The appropriation of

such moneys for the initial establishment of this fund and for its

replenishment on an annual basis, is authorized: Provided, That

pending the appropriation of sums to such emergency fund, the

Secretary of the Army may allot, from existing flood-control

appropriations, such sums as may be necessary for the immediate

prosecution of the work herein authorized, such appropriations to

be reimbursed from the appropriation herein authorized when made.

The Chief of Engineers is authorized, in the prosecution of work in

connection with rescue operations, or in conducting other flood

emergency work, to acquire on a rental basis such motor vehicles,

including passenger cars and buses, as in his discretion are deemed

necessary.

(2) In preparing a cost and benefit feasibility assessment for

any emergency project described in paragraph (1), the Chief of

Engineers shall consider the benefits to be gained by such project

for the protection of -

(A) residential establishments;

(B) commercial establishments, including the protection of

inventory; and

crops.

(b) Emergency supplies of drinking water; drought; well

construction and water transportation

(1) The Secretary, upon a written request for assistance under

this paragraph made by any farmer, rancher, or political

subdivision within a distressed area, and after a determination by

the Secretary that (A) as a result of the drought such farmer,

rancher, or political subdivision has an inadequate supply of

water, (B) an adequate supply of water can be made available to

such farmer, rancher, or political subdivision through the

construction of a well, and (C) as a result of the drought such

well could not be constructed by a private business, the Secretary,

subject to paragraph (3) of this subsection, may enter into an

agreement with such farmer, rancher, or political subdivision for

the construction of such well.

(2) The Secretary, upon a written request for assistance under

this paragraph made by any farmer, rancher, or political

subdivision within a distressed area, and after a determination by

the Secretary that as a result of the drought such farmer, rancher,

or political subdivision has an inadequate supply of water and

water cannot be obtained by such farmer, rancher, or political

subdivision, the Secretary may transport water to such farmer,

rancher, or political subdivision by methods which include, but are

not limited to, small-diameter emergency water lines and tank

trucks, until such time as the Secretary determines that an

adequate supply of water is available to such farmer, rancher, or

political subdivision.

(3)(A) Any agreement entered into by the Secretary pursuant to

paragraph (1) of this subsection shall require the farmer, rancher,

or political subdivision for whom the well is constructed to pay to

the United States the reasonable cost of such construction, with

interest, over such number of years, not to exceed thirty, as the

Secretary deems appropriate. The rate of interest shall be that

rate which the Secretary determines would apply if the amount to be

repaid was a loan made pursuant to section 636(b)(2) of title 15.

(B) The Secretary shall not construct any well pursuant to this

subsection unless the farmer, rancher, or political subdivision for

whom the well is being constructed has obtained, prior to

construction, all necessary State and local permits.

(4) The Federal share for the transportation of water pursuant to

paragraph (2) of this subsection shall be 100 per centum.

(5) For purposes of this subsection -

(A) the term "construction" includes construction,

reconstruction, or repair;

(B) the term "distressed area" means an area which the

Secretary determines due to drought conditions has an inadequate

water supply which is causing, or is likely to cause, a

substantial threat to the health and welfare of the inhabitants

of the area including threat of damage or loss of property;

borough, county, parish, district, association, or other public

body created by or pursuant to State law and having jurisdiction

over the water supply of such public body;

(D) the term "reasonable cost" means the lesser of (i) the cost

to the Secretary of constructing a well pursuant to this

subsection exclusive of the cost of transporting equipment used

in the construction of wells, or (ii) the cost to a private

business of constructing such well;

(E) the term "Secretary" means the Secretary of the Army,

acting through the Chief of Engineers; and

(F) the term "State" means a State, the District of Columbia,

the Commonwealth of Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the Trust Territory of the Pacific Islands.

(1) In general

Not later than 1 year after October 12, 1996, in accordance

with chapter 5 of title 5, the Secretary of the Army shall

prepare a manual describing the maintenance and upkeep

responsibilities that the Corps of Engineers requires of a

non-Federal interest in order for the non-Federal interest to

receive Federal assistance under this section. The Secretary

shall provide a copy of the manual at no cost to each non-Federal

interest that is eligible to receive Federal assistance under

this section.

(2) Authorization of appropriations

There is authorized to be appropriated $1,000,000 to carry out

this subsection.

(3) Definitions

In this subsection, the following definitions apply:

(A) Maintenance and upkeep

The term "maintenance and upkeep" means all maintenance and

general upkeep of a levee performed on a regular and consistent

basis that is not repair and rehabilitation.

(B) Repair and rehabilitation

The term "repair and rehabilitation" -

(i) means the repair or rebuilding of a levee or other

flood control structure, after the structure has been damaged

by a flood, to the level of protection provided by the

structure before the flood; but

(ii) does not include -

(I) any improvement to the structure; or

(II) repair or rebuilding described in clause (i) if, in

the normal course of usage, the structure becomes

structurally unsound and is no longer fit to provide the

level of protection for which the structure was designed.

-SOURCE-

(Aug. 18, 1941, ch. 377, Sec. 5, 55 Stat. 650; July 24, 1946, ch.

596, Sec. 12, 60 Stat. 652; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; June 30, 1948, ch. 771, title II, Sec. 206,

62 Stat. 1182; May 17, 1950, ch. 188, title II, Sec. 210, 64 Stat.

183; June 28, 1955, ch. 194, 69 Stat. 186; Pub. L. 87-874, title

II, Sec. 206, Oct. 23, 1962, 76 Stat. 1194; Pub. L. 93-251, title

I, Sec. 82, Mar. 7, 1974, 88 Stat. 34; Pub. L. 95-51, Sec. 2, June

20, 1977, 91 Stat. 233; Pub. L. 99-662, title IX, Sec. 917, Nov.

17, 1986, 100 Stat. 4192; Pub. L. 100-45, Sec. 9, May 27, 1987, 101

Stat. 323; Pub. L. 100-707, title I, Sec. 109(m), Nov. 23, 1988,

102 Stat. 4709; Pub. L. 101-640, title III, Sec. 302, Nov. 28,

1990, 104 Stat. 4633; Pub. L. 104-303, title II, Sec. 202(e), (f),

Oct. 12, 1996, 110 Stat. 3675.)

-REFTEXT-

REFERENCES IN TEXT

The Disaster Relief and Emergency Assistance Act, referred to in

subsec. (a)(1), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as

amended, known as the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-303, Sec. 202(e), in first

sentence, inserted ", or in implementation of nonstructural

alternatives to the repair or restoration of such flood control

work if requested by the non-Federal sponsor".

Subsec. (c). Pub. L. 104-303, Sec. 202(f), added subsec. (c).

1990 - Subsec. (a)(1). Pub. L. 101-640 substituted "preparation

for emergency response to any natural disaster" for "flood

emergency preparation" and inserted provision permitting the

emergency fund to be used for emergency dredging for restoration of

authorized depths for Federal navigable channels and waterways made

necessary by flood, drought, earthquake, or other natural

disasters.

1988 - Subsec. (a)(1). Pub. L. 100-707 substituted "and Emergency

Assistance Act" for "Act of 1974".

1987 - Subsec. (a). Pub. L. 100-45 designated existing provisions

as par. (1) and added par. (2).

1986 - Subsec. (a). Pub. L. 99-662 inserted provision relating to

authority of the Chief of Engineers, when the Governor of an

affected State requests a determination that an emergency or major

disaster exists, to perform on public and private lands and waters,

for a period of ten days following the Governor's request, any

emergency work made necessary by such emergency or disaster which

is essential for the preservation of life and property, and

substituted "clean water" for "clean drinking water" and

"contaminated water" for "contaminated drinking water".

1977 - Pub. L. 95-51 designated existing provisions as subsec.

(a) and added subsec. (b).

1974 - Pub. L. 93-251 struck out limitation of emergency fund to

$15,000,000, provided for emergency supplies of clean drinking

water to localities confronted with source of contaminated drinking

water, and substituted in proviso "of sums to such emergency fund"

for "of said sum".

1962 - Pub. L. 87-874 authorized expenditures from the emergency

fund for the protection of federally authorized hurricane or shore

protection being threatened when such is warranted to protect

against imminent and substantial loss to life and property, and for

the repair and restoration of any such federally authorized

hurricane or shore protective structure damaged or destroyed by

wind or water action of an extraordinary nature when such is

warranted for the adequate functioning of the structure for

hurricane or shore protection.

1955 - Act June 28, 1955, authorized expenditure for flood

emergency preparation and eliminated the requirement of maintenance

of flood control works threatened by flood.

1950 - Act May 17, 1950, expanded scope of work considered under

emergency repairs to flood-control structures, and substituted

"$15,000,000" for "$2,000,000".

1948 - Act June 30, 1948, inserted provisions relating to the

strengthening, extending, or modification of flood-control works.

1946 - Act July 24, 1946, substituted "$2,000,000" for

"$1,000,000".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

VEGETATION MANAGEMENT GUIDELINES

Section 202(g) of Pub. L. 104-303 provided that:

"(1) Review. - The Secretary shall undertake a comprehensive

review of the current policy guidelines on vegetation management

for levees. The review shall examine current policies in view of

the varied interests in providing flood control, preserving,

protecting, and enhancing natural resources, protecting the rights

of Native Americans pursuant to treaty and statute, and such other

factors as the Secretary considers appropriate.

"(2) Cooperation and consultation. - The review under this

section [subsection] shall be undertaken in cooperation with

interested Federal agencies and in consultation with interested

representatives of State and local governments and the public.

"(3) Revision of guidelines. - Based upon the results of the

review, the Secretary shall revise, not later than 270 days after

the date of the enactment of this Act [Oct. 12, 1996], the policy

guidelines so as to provide a coherent and coordinated policy for

vegetation management for levees. Such revised guidelines shall

address regional variations in levee management and resource needs

and shall be incorporated in the manual proposed under section 5(c)

of such Act of August 18, 1941 (33 U.S.C. 701n[(c)])."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467n, 702a-12 of this

title.

-End-

-CITE-

33 USC Sec. 701o 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701g742o. Omitted

-COD-

CODIFICATION

Section, act June 30, 1948, ch. 771, title II, Sec. 202, 62 Stat.

1175, related to conditions precedent on unauthorized projects and

modifications. Similar provisions were contained in act July 24,

1946, ch. 596, Sec. 2, 60 Stat. 641. See section 701b-8 of this

title.

-End-

-CITE-

33 USC Sec. 701p 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701p. Railroad bridge alterations at Federal expense

-STATUTE-

On and after July 24, 1946, for authorized flood protection

projects which include alterations of railroad bridges the Chief of

Engineers is authorized to include at Federal expense the necessary

alterations of railroad bridges and approaches in connection

therewith.

-SOURCE-

(July 24, 1946, ch. 596, Sec. 3, 60 Stat. 642.)

-End-

-CITE-

33 USC Sec. 701q 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701q. Repair and protection of highways, railroads, and

utilities damaged by operation of dams or reservoir

-STATUTE-

Whenever the Chief of Engineers shall find that any highway,

railway, or utility has been or is being damaged or destroyed by

reason of the operation of any dam or reservoir project under the

control of the Department of the Army, he may utilize any funds

available for the construction, maintenance, or operation of the

project involved for the repair, relocation, restoration, or

protection of such highway, railway, or utility: Provided, That

this section shall not apply to highways, railways, and utilities

previously provided for by the Department of the Army, unless the

Chief of Engineers determines that the actual damage has or will

exceed that for which provision had previously been made.

-SOURCE-

(July 24, 1946, ch. 596, Sec. 9, 60 Stat. 643; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 701r 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701r. Protection of highways, bridge approaches, public works,

and nonprofit public services

-STATUTE-

The Secretary of the Army is authorized to allot from any

appropriations heretofore or hereafter made for flood control, not

to exceed $15,000,000 per year, for the construction, repair,

restoration, and modification of emergency streambank and shoreline

protection works to prevent damage to highways, bridge approaches,

and public works, churches, hospitals, schools, and other nonprofit

public services, when in the opinion of the Chief of Engineers such

work is advisable: Provided, That not more than $1,000,000 shall be

allotted for this purpose at any single locality from the

appropriations for any one fiscal year.

-SOURCE-

(July 24, 1946, ch. 596, Sec. 14, 60 Stat. 653; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 93-251, title I,

Sec. 27, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99-662, title IX, Sec.

915(c), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104-303, title II,

Sec. 219, Oct. 12, 1996, 110 Stat. 3696.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 substituted "$15,000,000" for

"$12,500,000" and "$1,000,000" for "$500,000".

1986 - Pub. L. 99-662 substituted "$12,500,000" for "$10,000,000"

and "$500,000" for "$250,000".

1974 - Pub. L. 93-251 substituted "$10,000,000" for "$1,000,000",

"$250,000" for "$50,000", and "construction, repair, restoration,

and modification of emergency streambank and shoreline protection

works to prevent flood damages to highways, bridge approaches, and

public works, churches, hospitals, schools, and other nonprofit

public services," for "construction of emergency bank-protection

works to prevent flood damages to highways, bridge approaches, and

public works,".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-662 not applicable to any project under

contract for construction on Nov. 17, 1986, see section 915(i) of

Pub. L. 99-662, set out as a note under section 426g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2282, 2290 of this title.

-End-

-CITE-

33 USC Sec. 701r-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701r-1. Utilization of public roads

-STATUTE-

(a) Definitions

When used in this section -

(1) The term "Agency" means the Corps of Engineers, United

States Army or the Bureau of Reclamation, United States

Department of the Interior, whichever has jurisdiction over the

project concerned.

(2) The term "head of the Agency concerned" means the Chief of

Engineers or the Commissioner, Bureau of Reclamation, or their

respective designees.

(3) The term "water resources projects to be constructed in the

future" includes all projects not yet actually under

construction, and, to the extent of work remaining to be

completed, includes projects presently under construction where

road relocations or identifiable components thereof are not

complete as of the date of this section.

(4) The term "time of the taking" is the date of the relocation

agreement, the date of the filing of a condemnation proceeding,

or a date agreed upon between the parties as the date of taking.

(b) Improvement, reconstruction, and maintenance

Whenever, in connection with the construction of any authorized

flood control, navigation, irrigation, or multiple purpose project

for the development of water resources, the head of the Agency

concerned determines it to be in the public interest to utilize

existing public roads as a means of providing access to such

projects during construction, such Agency may improve, reconstruct,

and maintain such roads and may contract with the local authority

having jurisdiction over the roads to accomplish the necessary

work. The accomplishment of such work of improvement may be carried

out with or without obtaining any interest in the land on which the

road is located in accordance with mutual agreement between the

parties: Provided, (1) That the head of the Agency concerned

determines that such work would result in a saving in Federal cost

as opposed to the cost of providing a new access road at Federal

expense, (2) that, at the completion of construction, the head of

the Agency concerned will, if necessary, restore the road to at

least as good condition as prior to the beginning of utilization

for access during construction, and (3) that, at the completion of

construction, the responsibility of the Agency for improvement,

reconstruction, and maintenance shall cease.

For water resources projects to be constructed in the future,

when the taking by the Federal Government of an existing public

road necessitates replacement, the substitute provided will, as

nearly as practicable, serve in the same manner and reasonably as

well as the existing road. The head of the agency concerned is

authorized to construct such substitute roads to the design

standards which the State or owning political division would use in

constructing a new road under similar conditions of geography and

under similar traffic loads (present and projected). In any case

where a State or political subdivision thereof requests that such a

substitute road be constructed to a higher standard than that

provided for in the preceding provisions of this subsection, and

pays, prior to commencement of such construction, the additional

costs involved due to such higher standard, such agency head is

authorized to construct such road to such higher standard. Federal

costs under the provisions of this subsection shall be part of the

nonreimbursable project costs.

-SOURCE-

(Pub. L. 86-645, title II, Sec. 207, July 14, 1960, 74 Stat. 500;

Pub. L. 87-874, title II, Sec. 208, Oct. 23, 1962, 76 Stat. 1196;

Pub. L. 93-251, title I, Sec. 13, Mar. 7, 1974, 88 Stat. 17.)

-MISC1-

AMENDMENTS

1974 - Subsec. (c). Pub. L. 93-251 lower cased "agency" in two

places, and substituted "to the design standards which the State or

owning political division would use in constructing a new road

under similar conditions of geography and under similar traffic

loads (present and projected)." for "to design standards comparable

to those of the State, or, where applicable State standards do not

exist, those of the owning political division in which the road is

located, for roads of the same classification as the road being

replaced. The traffic existing at the time of the taking shall be

used in the determination of the classification."

1962 - Subsec. (a). Pub. L. 87-874 added subsec. (a). Former

subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 87-874 redesignated former subsec. (a) as

(b), and among other changes, inserted "irrigation," before "or

multiple-purpose project" and substituted references to head of the

Agency concerned, for references to Chief of Engineers. Former

subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 87-874 redesignated former subsec. (b) as

(c), substituted construction authority to head of the agency

concerned for authority to Chief of Engineers, provided that where

State standards do not exist, those of the owning political

division in which the road is located shall be used, that where a

State or political subdivision requests a substitute road to be

constructed to a higher standard than provided in this subsection,

and pays the additional costs, the Agency head is authorized to so

construct the road, and that the Federal costs under this

subsection shall be part of the nonreimbursable costs.

-End-

-CITE-

33 USC Sec. 701s 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701s. Small flood control projects; appropriations; amount

limitation for single locality; conditions

-STATUTE-

The Secretary of the Army is authorized to allot from any

appropriations heretofore or hereafter made for flood control, not

to exceed $50,000,000 for any one fiscal year, for the

implementation of small structural and nonstructural projects for

flood control and related purposes not specifically authorized by

Congress, which come within the provisions of section 701a of this

title, when in the opinion of the Chief of Engineers such work is

advisable. The amount allotted for a project shall be sufficient to

complete Federal participation in the project. Not more than

$7,000,000 shall be allotted under this section for a project at

any single locality. The provisions of local cooperation specified

in section 701c of this title shall apply. The work shall be

complete in itself and not commit the United States to any

additional improvement to insure its successful operation, except

as may result from the normal procedure applying to projects

authorized after submission of preliminary examination and survey

reports.

-SOURCE-

(June 30, 1948, ch. 771, title II, Sec. 205, 62 Stat. 1182; May 17,

1950, ch. 188, title II, Sec. 212, 64 Stat. 183; July 11, 1956, ch.

558, 70 Stat. 522; Pub. L. 87-874, title II, Sec. 205, Oct. 23,

1962, 76 Stat. 1194; Pub. L. 93-251, title I, Sec. 61, Mar. 7,

1974, 88 Stat. 29; Pub. L. 94-587, Sec. 133(b), Oct. 22, 1976, 90

Stat. 2928; Pub. L. 97-140, Sec. 2(a), Dec. 29, 1981, 95 Stat.

1717; Pub. L. 99-662, title IX, Sec. 915(a), Nov. 17, 1986, 100

Stat. 4191; Pub. L. 106-53, title II, Sec. 201, Aug. 17, 1999, 113

Stat. 285; Pub. L. 106-541, title II, Sec. 218, Dec. 11, 2000, 114

Stat. 2596.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-541 substituted "$50,000,000" for

"$40,000,000" in first sentence.

1999 - Pub. L. 106-53, in first sentence, substituted

"implementation of small structural and nonstructural projects" for

"construction of small projects" and, in third sentence,

substituted "$7,000,000" for "$5,000,000".

1986 - Pub. L. 99-662 substituted "$40,000,000" for "$30,000,000"

and "$5,000,000" for "$4,000,000".

1981 - Pub. L. 97-140 substituted "Not more than $4,000,000 shall

be allotted under this section for a project at any single

locality" for "Not more than $2,000,000 shall be allotted under

this section for a project in any single locality, except that not

more than $3,000,000 shall be allotted under this section for a

project at a single locality if such project protects an area which

has been declared to be a major disaster area pursuant to the

Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in

the five-year period immediately preceding the date the Chief of

Engineers deems such work advisable".

1976 - Pub. L. 94-587 increased limitation on allotment for a

project at a single locality from $1,000,000 to $2,000,000 and for

such a project protecting a major disaster area from $2,000,000 to

$3,000,000.

1974 - Pub. L. 93-251, in revising provisions, increased fiscal

year allotment to $30,000,000 from $25,000,000 and required

allotment of $2,000,000 for a project at a single locality if such

locality protects an area declared to be a major-disaster area

pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of

1970 in five-year period immediately preceding the date the Chief

of Engineers deems such work advisable.

1962 - Pub. L. 87-874 substituted "$25,000,000" for

"$10,000,000", "projects for flood control and related purposes"

for "flood control projects", and provisions limiting the allotment

for a single project to $1,000,000 and providing that such

allotment shall be sufficient to complete Federal participation,

for provisions limiting the allotment for any single project to

$400,000 from the appropriations for any fiscal year.

1956 - Act July 11, 1956, substituted "$10,000,000" for

"$3,000,000", struck out "and not within areas intended to be

protected by projects so authorized" before "which come within the

provisions of section 701a of this title", and substituted

"$400,000" for "$150,000".

1950 - Act May 17, 1950, substituted "$3,000,000" for

"$2,000,000" and "$150,000" for "$100,000".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-662 not applicable to any project under

contract for construction on Nov. 17, 1986, see section 915(i) of

Pub. L. 99-662, set out as a note under section 426g of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2(b) of Pub. L. 97-140 provided that: "The amendment made

by this section [amending this section] shall not apply to any

project under contract for construction on the date of enactment of

this Act [Dec. 29, 1981]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-587 not applicable to any project under

contract for construction on Oct. 22, 1976, see section 133(c) of

Pub. L. 94-587, set out as a note under section 577 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2282, 2290 of this title.

-End-

-CITE-

33 USC Sec. 701t 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701t. Emergency fund for flood damage; amount; commitments to

be fulfilled by local interests

-STATUTE-

The sum of $25,000,000 is authorized to be appropriated as an

emergency fund to be expended under the direction of the Secretary

of the Army and the supervision of the Chief of Engineers for the

repair, restoration, and strengthening of levees and other flood

control works which have been threatened or destroyed by recent

floods, or which may be threatened or destroyed by later floods,

including the raising, extending, or other modification of such

works as may be necessary in the discretion of the Chief of

Engineers for the adequate functioning of the works for flood

control: Provided, That local interests shall provide without cost

to the United States all lands, easements, and rights of way

necessary for the work and shall maintain and operate all the works

after completion in a manner satisfactory to the Chief of

Engineers: Provided further, That pending the appropriation of said

sum, the Secretary of the Army may allot from existing

flood-control appropriations such sums as may be necessary for the

immediate prosecution of the work authorized by this section, such

appropriations to be reimbursed from said emergency fund when

appropriated: And provided further, That funds allotted under this

authority shall not be diverted from the unobligated funds from the

appropriation "Flood control, general", made available in War

Department Civil Functions Appropriation Acts for specific

purposes.

-SOURCE-

(June 30, 1948, ch. 771, title II, Sec. 208, 62 Stat. 1182.)

-End-

-CITE-

33 USC Sec. 701u 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 701u. International engineering or scientific conferences;

attendance

-STATUTE-

The Secretary of the Army is authorized to allot from any

appropriations heretofore or hereafter made for flood control or

rivers and harbors, funds for payment of expenses of

representatives of the Corps of Engineers engaged on flood control

and river and harbor work to international engineering or

scientific conferences to be held outside the United States:

Provided, That not more than ten representatives of the Corps of

Engineers shall attend any one conference.

-SOURCE-

(May 17, 1950, ch. 188, title II, Sec. 211, 64 Stat. 183; Pub. L.

104-303, title II, Sec. 222, Oct. 12, 1996, 110 Stat. 3697.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 substituted "outside the United States"

for "outside the continental limits of the United States" and

struck out before period at end ": And provided further, That not

more than $25,000 shall be allotted during any one fiscal year for

this purpose".

-End-

-CITE-

33 USC Sec. 702 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702. Mississippi River

-STATUTE-

Authorization of flood-control work - For controlling the floods

of the Mississippi River and continuing its improvement from the

Head of the Passes to the mouth of the Ohio River the Secretary of

the Army is empowered, authorized, and directed to carry on

continuously, by hired labor or otherwise, the plans of the

Mississippi River Commission, prior to March 3, 1923, or thereafter

adopted, to be paid for as appropriations may from time to time be

made by law.

Allotments for improvement of watercourses connected with

Mississippi River - The watercourses connected with the Mississippi

River to such extent as may be necessary to exclude the flood

waters from the upper limits of any delta basin, together with the

Ohio River from its mouth to the mouth of the Cache River, may, in

the discretion of said commission, receive allotments for

improvements under way March 1, 1917, or thereafter to be

undertaken.

Maintenance of levees constructed for flood control - Upon the

completion of any levee constructed for flood control under

authority of this section, said levee shall be turned over to the

levee district protected thereby for maintenance thereafter; but

for all other purposes the United States shall retain such control

over the same as it may have the right to exercise upon such

completion.

-SOURCE-

(Mar. 1, 1917, ch. 144, Sec. 1, 39 Stat. 948; Mar. 4, 1923, ch.

277, 42 Stat. 1505; July 26, 1947, ch. 343, title II, Sec. 205(a),

61 Stat. 501.)

-COD-

CODIFICATION

Last clause of first paragraph was originally limited to

appropriations made for a period of six years beginning July 1,

1924.

The portion of the first paragraph providing "and a sum not to

exceed $10,000,000 annually is hereby authorized to be appropriated

for that purpose, for a period of six years beginning July 1, 1924"

together with the fourth paragraph, relating to expenditures for

improvements between Head of Passes and Rock Island, were from act

Mar. 4, 1923, which superseded provisions on the same subjects

contained in act Mar. 1, 1917, from which the rest of the section

was derived, and were omitted as executed.

Sections 2 and 3 of act Mar. 1, 1917, are classified to sections

703 and 701, respectively, of this title, and section 4 of act Mar.

1, 1917, amended section 643 of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 702a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a. Adoption of 1927 project; execution; creation of board;

scope of authority; appropriation

-STATUTE-

The project for the flood control of the Mississippi River in its

alluvial valley and for its improvement from the Head of Passes to

Cape Girardeau, Missouri, in accordance with the engineering plan

set forth and recommended in the report submitted by the Chief of

Engineers to the Secretary of the Army dated December 1, 1927, and

printed in House Document Numbered 90, Seventieth Congress, first

session, is adopted and authorized to be prosecuted under the

direction of the Secretary of the Army and the supervision of the

Chief of Engineers: Provided, That a board to consist of the Chief

of Engineers, the president of the Mississippi River Commission,

and a civil engineer chosen from civil life to be appointed by the

President, by and with the advice and consent of the Senate, whose

compensation shall be fixed by the President and be paid out of the

appropriations made to carry on this project, is created; and such

board is authorized and directed to consider the engineering

differences between the adopted project and the plans recommended

by the Mississippi River Commission in its special report dated

November 28, 1927, and after such study and such further surveys as

may be necessary, to recommend to the President such action as it

may deem necessary to be taken in respect to such engineering

differences and the decision of the President upon all

recommendations or questions submitted to him by such board shall

be followed in carrying out the project herein adopted. The board

shall not have any power or authority in respect to such project

except as hereinbefore provided. Such project and the changes

therein, if any, shall be executed in accordance with the

provisions of section 702h of this title. Such surveys shall be

made between Baton Rouge, Louisiana, and Cape Girardeau, Missouri,

as the board may deem necessary to enable it to ascertain and

determine the best method of securing flood relief in addition to

levees, before any flood-control works other than levees and

revetments are undertaken on that portion of the river: Provided,

That all diversion works and outlets constructed under the

provisions of sections 702a, 702b to 702d, 702e to 702g, 702h,

702i, 702j, 702k, 702l, 702m and 704 of this title shall be built

in a manner and of a character which will fully and amply protect

the adjacent lands: Provided further, That pending completion of

any floodway, spillway, or diversion channel, the areas within the

same shall be given the same degree of protection as is afforded by

levees on the west side of the river contiguous to the levee at the

head of said floodway, but nothing herein shall prevent, postpone,

delay, or in anywise interfere with the execution of that part of

the project on the east side of the river, including raising,

strengthening, and enlarging the levees on the east side of the

river. The sum of $325,000,000 is authorized to be appropriated for

this purpose.

All unexpended balances of appropriations prior to May 15, 1928,

made for prosecuting work of flood control on the Mississippi River

in accordance with the provisions of section 702 of this title, are

made available for expenditure under the provisions of sections

702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, and

702m of this title.

-SOURCE-

(May 15, 1928, ch. 569, Sec. 1, 45 Stat. 534; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act May 15, 1928, ch. 569, 45

Stat. 534, as amended, which enacted sections 702a, 702b to 702d,

702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this

title. For complete classification of this Act to the Code, see

Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

ABANDONMENT AND REPEAL OF PROJECTS

For abandonment of Boeuf Floodway and Eudora Floodway as well as

Northward Extension and back protection levee extending from head

of Eudora Floodway north to Arkansas River and repeal of provisions

relating to prosecution of work, see section 702a-12 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 701e, 702a-1,

702a-1 1/2 , 702a-1 3/4 , 702a-2, 702a-11, 702a-12, 702c, 702e,

702f, 702h, 702i, 702j, 702k, 702l, 702m, 702n of this title.

-End-

-CITE-

33 USC Sec. 702a-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-1. Modification of project of 1927; adoption

-STATUTE-

The project for the control of floods of the Mississippi River

and its tributaries, adopted by section 702a of this title, is

modified in accordance with the recommendations of section 43 of

the report submitted by the Chief of Engineers to the Chairman of

the Committee on Flood Control, dated February 12, 1935, and

printed in House Committee on Flood Control Document Numbered 1,

Seventy-fourth Congress, first session, as, in sections 642a,

702a-2 to 702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2 of

this title, further modified and amended; and as so modified is

adopted and authorized and directed to be prosecuted under the

direction of the Secretary of the Army and the supervision of the

Chief of Engineers.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 1, 49 Stat. 1508; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1 1/2 ,

702a-1 3/4 , 702a-11, 702a-12, 702j-1, 702k-1, 702k-2 of this

title.

-End-

-CITE-

33 USC Sec. 702a-1\1/2\ 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-1 1/2 . Further modification of 1927 project; adoption;

appropriation

-STATUTE-

In accordance with the recommendations of the Chief of Engineers,

as set forth in his report of April 6, 1937, and published as Flood

Control Committee Document Numbered 1, Seventy-fifth Congress,

first session, paragraph 38(b), except subparagraph (1), the

project for flood control of the Lower Mississippi River adopted by

sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to 702h, 702i to

702m, and 704 of this title, is modified and, as modified, is

adopted, and there is authorized to be appropriated in addition to

the sums previously authorized $40,000,000 to be applied for the

purposes set forth in said document covering the said

recommendations, with the exceptions mentioned, subject to the

provisions made in section 702a-11 of this title.

-SOURCE-

(June 28, 1938, ch. 795, Sec. 4, 52 Stat. 1220.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701b-4, 701c-1, 701f-1,

701j, 702a-1 3/4 of this title.

-End-

-CITE-

33 USC Sec. 702a-1\3/4\ 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-1 3/4 . Further modification; adoption

-STATUTE-

The project for flood control of the Lower Mississippi River

adopted by sections 642a, 702a to 702a-1 1/2 , 702a-2 to 702d, and

702e to 702h, 702i to 702m, and 704 of this title is modified and,

as modified, is authorized and adopted.

-SOURCE-

(Aug. 18, 1941, ch. 377, Sec. 3, 55 Stat. 642.)

-End-

-CITE-

33 USC Sec. 702a-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-2. Abandonment of Boeuf Floodway

-STATUTE-

The Boeuf Floodway, authorized by the provisions adopted in

section 702a of this title, shall be abandoned as soon as the

Eudora Floodway, provided for in Flood Control Committee Document

Numbered 1, Seventy-fourth Congress, first session, is in operative

condition and the back protection levee recommended in said

document, extending north from the head of the Eudora Floodway,

shall have been constructed.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 2, 49 Stat. 1509.)

-MISC1-

ABANDONMENT AND REPEAL OF PROJECTS

For abandonment of Boeuf Floodway and Eudora Floodway as well as

Northward Extension and back protection levee extending from head

of Eudora Floodway north to Arkansas River and repeal of provisions

relating to prosecution of work, see section 702a-12 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-3. Levees; raising and enlarging

-STATUTE-

The levees along the Mississippi River from the head of the

Morganza Floodway to the head of the Atchafalaya River and down the

east bank of the Atchafalaya River to intersection with the west

protection levee of said Morganza Floodway shall be raised and

enlarged to 1928 grade and section.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 3, 49 Stat. 1509.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-4, 702a-11, 702j-1, 702k-1, 702k-2 of this

title.

-End-

-CITE-

33 USC Sec. 702a-4 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-4. Fuse-plug levees

-STATUTE-

After the Eudora Floodway shall have been constructed and is

ready for operation, the fuse-plug levees now at the head of the

Boeuf and Tensas Basins shall be constructed to the 1914 grade and

the 1928 section. The fuse-plug levees at the head of the

Atchafalaya Basin on the west side shall be constructed to the 1914

grade and the 1928 section. The fuse-plug levees at the head of the

Atchafalaya Basin on the east side of the Atchafalaya River shall

be constructed to the 1914 grade and 1928 section, and, after the

Morganza Floodway has been completed, shall be raised to the 1928

grade as provided in section 702a-3 of this title. Thereafter those

stretches of said levees which are left as fuse-plug levees shall

be reconstructed and maintained as herein provided, subject to the

provisions of section 702a-3 of this title. Any funds appropriated

under authority of sections 702g-1 and 702k-1 of this title may be

expended for this purpose.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 10, 49 Stat. 1511.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act June 15, 1936, ch. 548, 49

Stat. 1508, as amended, which enacted sections 642a, 702a-1, 702a-2

to 702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2 of this

title. For complete classification of this Act to the Code, see

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-5 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-5. Back levee north of Eudora Floodway

-STATUTE-

The back-protection levee north of the Eudora Floodway shall be

constructed to the same grade and section as the levees opposite on

the east side of the Mississippi River: Provided, That this levee

extending from the head of the Eudora Floodway north to the

Arkansas River shall be so located as to afford adequate space for

the passage of flood waters without endangering the levees opposite

on the east side of the river and shall be constructed

contemporaneously with the construction of the Eudora Floodway;

except that, until the Eudora Floodway is in operative condition,

there shall be left in this back levee north of the head of the

Eudora Floodway openings which shall be sufficient, in the

discretion of the Chief of Engineers, to permit the passage of all

flood waters to be reasonably contemplated in the event of any

break in the riverside fuse-plug levee prior to the time the Eudora

Floodway shall be in operative condition.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 11, 49 Stat. 1511.)

-MISC1-

ABANDONMENT AND REPEAL OF PROJECTS

For abandonment of Boeuf Floodway and Eudora Floodway as well as

Northward Extension and back protection levee extending from head

of Eudora Floodway north to Arkansas River and repeal of provisions

relating to prosecution of work, see section 702a-12 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-6 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-6. Drainage necessitated by floodway levees

-STATUTE-

The United States shall provide the drainage made necessary by

the construction of floodway levees included in the modified

project.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 6, 49 Stat. 1510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-7 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-7. Railroad and highway crossings over floodways

-STATUTE-

The United States shall construct, at its own cost, one railroad

and one highway crossing over the Eudora Floodway and not to exceed

three railway and two highway crossings over the Morganza Floodway,

and not to exceed one railway crossing (together with suitable

physical connections therewith) and one highway crossing over the

floodway west of the Atchafalaya River provided for in the modified

project: Provided, That equitable agreements can be made with the

railroad and highway authorities concerned and that the appropriate

railroad or highway agencies agree to accept and maintain and

operate these crossings without cost to the United States: Provided

further, That the railroads crossing the Morganza and West

Atchafalaya Floodways agree in consideration for the crossings

constructed to waive all claims against the Government for any

damages that may occur by reason of overflows in the Morganza and

West Atchafalaya Floodways: And provided further, That other

railway and highway damages shall be adjusted as provided for in

section 702a-10 of this title.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 7, 49 Stat. 1510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-8 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-8. Additional roads; construction by United States

-STATUTE-

In addition to the construction by the United States of roads in

connection with floodways as heretofore provided, the Federal

Government may, in the discretion of the Chief of Engineers, and

within the limits of available funds, construct additional roads to

afford access to those portions of the levee lines not otherwise

accessible.

-SOURCE-

(June 15, 1936, ch. 548, Sec. 8, 49 Stat. 1510.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-1, 702a-1, 702a-1

1/2 , 702a-1 3/4 , 702a-11, 702j-1, 702k-1, 702k-2 of this title.

-End-

-CITE-

33 USC Sec. 702a-9 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 15 - FLOOD CONTROL

-HEAD-

Sec. 702a-9. Lands, easements, and rights-of-way; acquisition by

local authorities; reimbursement; protection of United States

from liability for damages

-STATUTE-

No money appropriated under sections 702g-1 and 702k-1 of this

title shall be expended on the construction of any reservoir

project herein authorized until States, political subdivisions

thereof, or other responsible local agencies have given assurances

satisfactory to the Secretary of the Army that they will (a)

provide without cost to the United States all lands, easements, and

rights-of-way necessary for the construction of the project, except

as otherwise provided herein; (b) hold and save the United States

free from damages due to the construction works; (c) maintain and

operate all the works after completion in accordance with

regulations prescribed by the Secretary of the Army: And provided,

That the construction of any dam authorized herein may be

undertaken without delay when the dam site has been acquired and

the assurances prescribed herein have been furnished, without

awaiting the acquisition of the easements and rights-of-way

required for the reservoir area: And provided further, That

whenever expenditures for lands, easements, and rights-of-way by

States, political subdivisions thereof, or responsible local

agencies for any individual project or useful part thereof shall

have exceeded the present estimated construction cost therefor, the

local agency concerned may be reimbursed one-half of its excess

expenditures over said estimated construction cost: And provided

further, That when benefits of any project or useful part thereof

accrue to lands and property outside of the State in which said

project or part thereof is located, the Secretary of the Army may

acquire the necessary lands, easements, and rights-of-way for said

project or part thereof after he has received from the States,

political subdivisions thereof, or responsible local agencies

benefited the present estimated cost of said lands, easements, and

rights-of-way, less one-half the amount by which the estimated cost

of these lands, easements, and rights-of-way exceeds the estimated