701b-5. Same; appropriations subject to priority restrictions. 701b-6. Same; examinations and surveys by Secretary of Agriculture. 701b-7. Same; supplemental reports to Senate and House Public Works Committee. 701b-8. Same; submission of report by Chief of Engineers. 701b-8a. Same; 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. 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, rightsof-way; reimbursement of local agencies. 701c-2. Acquisition and sale of land. 701c-3. Same; lease receipts; payment of portion to States. 701d. 701e. 701f. Compacts between States; consent of Congress. Effect of act June 22, 1936, on provisions for Mississippi River and other projects. Authorization of appropriations. 701f-1. Same; additional authorization. 701f-2. Same; funds for specific and authorized projects merged with and accounted for under regular annual appropriation. 701f-3. Same; expenditure in watersheds of funds appropriated for flood prevention purposes. 701g. 701h. Removal of obstructions; clearing channels. Contributions by States and political subdivisions. 701h-1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment. 7011. 701j. 701k. Elimination from protection of areas subject to evacuation. Installation in dams of facilities for future devlopment of hydro-electric power. Crediting reimbursements for lost, stolen, or damaged property. 7011, 7011-1. Repealed. 701m. 701n. 7010. 711p. 701q. 701r. 701r-1. 7018. 701t. 701u. 702. 702a. 702a-1. Insufficient Congressional authorization; preparations for and modification of project. Flood emergency preparation; authorized expenditures. Conditions precedent on unauthorized projects and modifications. Repair and protection of highways, railroads, and utilities damaged by Protection of highways, bridge approaches, and public works. (a) Definitions. (b) Improvement, reconstruction, and maintenance. (c) Replacement roads; construction to higher standards. Small flood-control projects; appropriations; amount limitation for single locality; conditions. Emergency fund for flood damage; amount; commitments to be ful- International engineering or scientific conferences; attendance. Same; adoption of 1927 project; execution; creation of board; scope Same; modification of project of 1927; adoption. 702a-12. Same; further modification of 1927 projects; adoption; appropriation. 702a-1. Same; further modification; adoption. 702a-8. Same; additional roads; construction by United States. 702a-9. 702a-10. 702a-11. Same; lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages. Same; flowage rights and rights-of-way; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges. Same; Morganza Floodway; Eudora Floodway. 702a-12. Same; modified Lower Mississippi River project as of August 18, 1941. 702b. 702c. 702d. 702d-1. 702e. 702f. 702g. 702g-1. 702h. 702h-1. 702i. 702j. 702j-1. 702j-2. 702k. 702k-1. 702k-2. 7021. 702m. 702n. 703. 704. 705. 706. 707. 708. 709. 709a. Same; local contribution toward cost of flood-control work. Same; flowage rights; condemnation proceedings; benefits to Same; Bonnet Carre Spillway and Floodway; rights-of-way; etc., over lands. Same; maps for project; preparation. Same; expenditures for earlier projects. Same; appropriation for emergency funds. Same; additional appropriation for emergency fund. Same; prosecution of project by Mississippi River Commission; president of commission; salaries. Same; rank, pay, and allowances of Corps of Engineers officer serving as President of Mississippi River Commission. Same; certain sections applicable to property and rights acquired or constructed. Same; projects relating to tributary streams; report to Congress; appropriation. Same; Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States. Same; White River Levee District; rights-of-way; drainage facili- Same; surveys below Cape Girardeau, Missouri; resurvey of levee in Same; appropriation. Same; separability of provisions. Same; repeal of inconsistent laws. Same; interest of Members of Congress in contracts for acquisition of Levee rights-of-way; payment or reimbursement for. Same; modification of project. Salmon River, Alaska; flood-control work authorized. Weather Bureau; current information; appropriation. Alamagordo Dam and Reservoir; declaration of purpose; report to Sale of surplus waters for domestic and industrial uses; disposition Regulations for use of storage waters; application to Tennessee Compilation and dissemination of information on floods and flood § 701. Flood control generally. 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 it 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. Aiding Committee on Public Works. All examinations and reports which may now be made by the Board of Engineers for Rivers and Harbors upon request of the Committee on Public Works relating to works or projects of navigation shall in like manner be made upon request of the Committee on Public Works on all works and projects relating to flood control. (Mar. 1, 1917, ch. 144, § 3, 39 Stat. 950; Aug. 2, 1946, ch. 753, title I, § 121, 60 Stat. 822.) § 701-1. Same; declaration of policy. 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, and reports of Chief of Engineers, submitted to Congress. 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. 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 opportnuity 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 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-eight 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 ninetyseventh meridian, to the Secretary of the Interior. Within ninety 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 ninetyday period. The letter of transmittal and its attachments shall be ted as a House or Senate document. (b) Use of waters for navigation. 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. (c) Irrigation works. The Secretary of the Interior, in making investigations of 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 of Title 43 and section 590z-1 of Title 16 are amended accordingly. (Dec. 22, 1944, ch. 665, § 1, 58 Stat. 887). § 701a. Same; declaration of policy. 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. (June 22, 1936, ch. 688, § 1, 49 Stat. 1570). § 701j. Installation in dams of facilities for future development of hydro-electric power. Penstocks or other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam authorized in sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 7011, 701j, 702a-12, 702a-11, and 706 of this title when approved by the Secretary of the Army upon the recommendation of the Chief of Engineers and of the Federal Power Commission. (June 28, 1938, ch. 795, § 4, 52 Stat. 1216.) 87-235 73 - 42 |