-CITE-
    33 USC CHAPTER 15 - FLOOD CONTROL                           01/03/2007

-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.                            
    701b-12.    Floodplain management requirements.                   
    701b-13.    Construction of flood control projects by non-Federal
                 interests.                                           
    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.              
    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.                          
    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-1a.    Further modification of 1927 project; adoption;
                 appropriation.                                       
    702a-1b.    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.                                            
    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.               
    709b.       Flood hazard information.                             

-End-



-CITE-
    33 USC Sec. 701                                             01/03/2007

-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                                           01/03/2007

-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.
      (c) 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(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.
    (c) of this section. Section 1 of the Joint Resolution provided for
    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.

-End-



-CITE-
    33 USC Sec. 701a                                            01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 701a-1                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701b                                            01/03/2007

-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."

-End-



-CITE-
    33 USC Sec. 701b-1                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701b-2                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701b-3                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701b-4                                          01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                          01/03/2007

-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                                         01/03/2007

-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                                          01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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                                         01/03/2007

-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.
    (c) Guidelines
      (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 Administrator 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; Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006,
    120 Stat. 1410.)


-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".

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in subsec. (c)(3) on authority of section 612(c) of Pub. L.
    109-295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.


-MISC2-
                     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]."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    33 USC Sec. 701b-13                                         01/03/2007

-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.
    (c) Completion of studies and design activities
      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
          (C) if the construction work is substantially in accordance
        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.
        (C) Credit
          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                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701c-1                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701c-2                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701c-3                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701d                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701e                                            01/03/2007

-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.

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


-End-



-CITE-
    33 USC Sec. 701f                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701f-1                                          01/03/2007

-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."

-End-



-CITE-
    33 USC Sec. 701f-2                                          01/03/2007

-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                                          01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701h                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701h-1                                          01/03/2007

-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                                            01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 701j                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701k                                            01/03/2007

-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                                   01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Secs. 701l, 701l-1. Repealed.

-MISC1-
    Secs. 701l, 701l-1. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 650, 656.
      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                                            01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 701n                                            01/03/2007

-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
        (C) agricultural establishments, including the protection of
      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;
        (C) the term "political subdivision" means a city, town,
      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.
    (c) Levee owners manual
      (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)])."

-End-



-CITE-
    33 USC Sec. 701o                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 701o. 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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701r-1                                          01/03/2007

-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.
    (c) Replacement roads; construction to higher standards
      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                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 701t                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 702a-1                                          01/03/2007

-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.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 702a-1(!1/2), act June 28, 1938, ch. 795, Sec. 4,
    52 Stat. 1220, which related to further modification of 1927
    project, was transferred to section 702a-1a of this title.
      A prior section 702a-1(!3/4), act Aug. 18, 1941, ch. 377, Sec. 3,
    55 Stat. 642, which related to further modificiation and adoption
    of Lower Mississippi River flood control project, was transferred
    to section 702a-1b 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-1a                                         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702a-1a. 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.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 702a-1 1/2  of this
    title.

-End-



-CITE-
    33 USC Sec. 702a-1b                                         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702a-1b. 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.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 702a-1 3/4  of this
    title.

-End-



-CITE-
    33 USC Sec. 702a-2                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 702a-3                                          01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 702a-4                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 702a-5                                          01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 702a-6                                          01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 702a-7                                          01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 702a-8                                          01/03/2007

-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.)

-End-



-CITE-
    33 USC Sec. 702a-9                                          01/03/2007

-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
    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 under way on June
    15, 1936.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 8a, 49 Stat. 1510; 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 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.

-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-10                                         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702a-10. Flowage rights and rights-of-way; reimbursement of
      local authorities; highway crossings; use of properties for
      national forests or wildlife refuges

-STATUTE-
      In order to facilitate the United States in the acquisition of
    flowage rights and rights-of-way for levee foundations, the
    Secretary of the Army is authorized to enter into agreements with
    the States or with local levee districts, boards, commissions, or
    other agencies for the acquisition and transfer to the United
    States of such flowage rights and levee rights-of-way, and for the
    reimbursement of such States or local levee districts, boards,
    commissions, or other agencies, for the cost thereof at prices
    previously agreed upon between the Secretary of the Army and the
    governing authority of such agencies, within the maximum
    limitations hereinafter prescribed: Provided, That no money
    appropriated under the authority of sections 702g-1 and 702k-1 of
    this title shall be expended upon the construction of the Eudora
    Floodway, the Morganza Floodway, the back protection levee
    extending north from the Eudora Floodway, or the levees extending
    from the head of the Morganza Floodway to the head of and down the
    east bank of the Atchafalaya River to the intersection of said
    Morganza Floodway until 75 per centum of the value of the flowage
    rights and rights-of-way for levee foundations, as estimated by the
    Chief of Engineers, shall have been acquired or options or
    assurances satisfactory to the Chief of Engineers shall have been
    obtained for the Eudora Floodway, the Morganza Floodway, and the
    area lying between said back protection levee and the present front
    line levees: Provided further, That easements required in said
    areas in connection with roads and other public utilities owned by
    States or political subdivisions thereof shall be provided without
    cost to the United States upon the condition, that the United
    States shall provide suitable crossings, including surfacing of
    like character, over floodway guide-line levees in said areas for
    all improved roads now constituting a part of the State highway
    system, and shall repair all damage done to said highways within
    the said floodways by the actual use of such floodways for
    diversion: Provided further, That when such portion of said rights
    as to all of said areas shall have been acquired or obtained and
    when said easements required in connection with roads and other
    public utilities owned by States or political subdivisions thereof
    have been provided as hereinabove set forth, construction of said
    flood-control works in said areas shall be undertaken according to
    the engineering recommendations of the Report of the Chief of
    Engineers dated February 12, 1935 (House Committee on Flood Control
    Document Numbered 1, Seventy-fourth Congress, first session), and
    the Secretary of the Army shall cause proceedings to be instituted
    for the condemnation of the remainder of said rights and easements,
    as are needed and cannot be secured by agreement, in accordance
    with section 702d of this title: Provided further, That in no event
    and under no circumstances shall any of the additional money
    appropriated under the authority of sections 702g-1 and 702k-1 be
    expended for the acquisition of said 75 per centum of the flowage
    rights and rights-of-way hereinabove contemplated in excess of
    $20,000,000: Provided further, That the Chief of Engineers is
    authorized, out of the funds herein authorized to be appropriated,
    to purchase flowage easements over lands and properties in the
    floodway west of the Atchafalaya River and lying above the
    approximate latitude of Krotz Springs: Provided further, That none
    of such easements in said West Atchafalaya Floodway shall be
    purchased until options covering at least 75 per centum of the
    total value of such easements as estimated by the Chief of
    Engineers shall have been obtained at prices deemed reasonable by
    the Chief of Engineers and not exceeding in the aggregate
    $2,250,000 for said 75 per centum of said easements with respect to
    the floodway west of the Atchafalaya River: Provided further, That
    easements required in said West Atchafalaya Floodway in connection
    with roads and other public utilities owned by States or other
    political subdivisions shall be provided without cost to the United
    States upon condition that the United States shall provide suitable
    crossings, including surfacing of like character, over floodway
    guide-line levees for all improved roads in said West Atchafalaya
    Floodway now constituting a part of the State highway system and
    shall repair all damage done to said highways within said West
    Atchafalaya Floodway by the actual use of such floodway for
    diversion: Provided further, That no flowage easements shall be
    paid for by the United States over properties subject to frequent
    overflow in the Atchafalaya Basin below the approximate latitude of
    Krotz Springs: Provided further, That payment for rights-of-way,
    easements, and flowage rights acquired under this section, or
    reimbursement to the States or local interests furnishing them,
    shall be made as soon as the Chief of Engineers is satisfied that
    such rights-of-way, easements, or flowage rights have been acquired
    in conformity with local custom or legal procedure in such matters;
    and, thereafter, no liability of any kind shall attach to or rest
    upon the United States for any further damage by reason of
    diversions or flood waters: And provided further, That if the
    Secretary of Agriculture shall determine to acquire any of the
    properties within the floodways herein referred to, for national
    forests, wildlife refuges, or other purposes of his Department, the
    Secretary of the Army may, upon recommendation by the Chief of
    Engineers, in lieu of acquiring flowage rights, advance to or
    reimburse the said Secretary of Agriculture sums equal to those
    that would otherwise be used for the purchase of easements desired
    by the Department of the Army and the Secretary of Agriculture is
    authorized to use these sums for the purpose of acquiring
    properties in the floodways in question.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 12, 49 Stat. 1512; 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 15, 1936, ch. 548, 49
    Stat. 1508, as amended, which enacted sections 642a, 702a-1, 702-2
    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.

-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-11                                         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702a-11. Morganza Floodway; Eudora Floodway

-STATUTE-
      The United States may, within the discretion of the Chief of
    Engineers, irrespective of other provisions of law, proceed to
    acquire all easements needed and of the character considered
    advisable in the Morganza floodway and to construct said Morganza
    floodway. Said Morganza floodway may, within the discretion of the
    Chief of Engineers, be modified as to its design and inflow.
      The said Morganza floodway may be initiated and constructed
    without delay; and the United States may, within the discretion of
    the Chief of Engineers, irrespective of other provisions of law,
    proceed to the acquisition of flowage rights and flowage easements
    in the Eudora floodway, and to its construction as authorized by
    existing law: Provided, That the intakes of such Eudora floodway
    shall include an automatic masonry weir with its sill at such an
    elevation that it will not be overtopped by stages other than those
    capable of producing a stage of fifty-one feet or over on the
    Vicksburg gage: Provided further, That a fuseplug levee loop may be
    constructed behind said sill to prevent flow into the floodway
    until the predicted flood exceeds the safe capacity of the main
    river leveed channel, with a free-board of at least three feet, but
    said fuseplug levee may be artificially breached when in the
    opinion of the Chief of Engineers such breaching is advisable to
    insure the safety of the main river controlling levee line:
    Provided further, That the authority to acquire lands, flowage
    rights, and easements for floodways shall be confined to the
    floodways proper and to the northward extension of Eudora: Provided
    further, That within the discretion of the Chief of Engineers, the
    guide line levees of the Eudora floodway may be extended south
    toward Old River: Provided further, That the Chief of Engineers is
    authorized to construct the said Eudora floodway at such location
    as he may determine, in the vicinity of Eudora. The United States
    may, within the discretion of the Chief of Engineers irrespective
    of other provisions of law, proceed to acquire flowage rights and
    flowage easements in the northward extension of the Eudora
    floodway, as authorized by existing law, provided that pending the
    completion of such northward extension all the Riverside fuseplug
    levee extending south from the vicinity of Yancopin to the vicinity
    of Vau Cluse, Arkansas, and so as to connect with the existing
    levee of 1928 grade and section, shall be reconstructed to the 1914
    grade and 1928 section: Provided further, That if the back
    protection levee is constructed prior to the construction of Eudora
    floodway, it shall be connected with the main Mississippi River
    levee and subsequently connected with the Eudora floodway when
    constructed: Provided further, That the Chief of Engineers is
    authorized, in his discretion, to negotiate options, make
    agreements and offers with respect to lands, flowage rights,
    easements, and rights-of-way involved, as provided by law, at
    prices deemed reasonable by him.
      The United States, irrespective of other provisions of law, may,
    within the discretion of the Chief of Engineers, acquire flowage
    easements over all lands not subject to frequent overflow in the
    Atchafalaya Basin below the latitude of Krotz Springs.
      Said Morganza floodway shall not be operated until the Wax Lake
    outlet has been put into operative condition.
      The fuseplug levees at the head of the Atchafalaya Basin on the
    east side of the Atchafalaya River shall be reconstructed to the
    1928 grade and section.
      The United States may, in the discretion of the Chief of
    Engineers, acquire all flowage rights, flowage easements, rights-of-
    way for levee foundations, and titles in fee simple as herein
    provided, either by voluntary acquisition or in accordance with the
    condemnation proceedings by the Secretary of the Army as provided
    for in section 702d of this title.
      In the event the United States acquires or owns title to any
    lands in fee simple under the provisions of sections 702a, 702b to
    702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of
    this title, as amended and supplemented, the United States may
    retain the ownership thereof, or any part thereof instead of
    turning over such lands to the ownership of States or local
    interests as provided in section 702d of this title, and may lease
    such lands: Provided, That 25 per centum of all moneys received and
    deposited in the Treasury of the United States during any fiscal
    year on account of such leases 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 the public schools and public roads of
    the county or counties in which such property is situated: Provided
    further, 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: Provided
    further, That no part of the appropriations herein or heretofore
    authorized for said Morganza and Eudora floodways and extension
    shall be used for any other purpose.

-SOURCE-
    (June 15, 1936, ch. 548 (pt.), as added June 28, 1938, ch. 795,
    Sec. 4, 52 Stat. 1220; amended 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 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.

-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-
                            EFFECT OF AMENDMENT                        
      Act June 28, 1938, provided that, except as amended therein, the
    act of May 15, 1928, ch. 569, 45 Stat. 534, as amended by the act
    of June 15, 1936, as amended, should remain in full force and
    effect. Act May 15, 1928, is classified to sections 702a, 702b to
    702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of
    this title.

                    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.

-End-



-CITE-
    33 USC Sec. 702a-12                                         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702a-12. Modified Lower Mississippi River project as of August
      18, 1941

-STATUTE-
    (a) Alluvial valley, Mississippi River; Yazoo Basin levees;
      abandonment of Boeuf and Eudora Floodways and Northward Extension
      The existing engineering plan for flood control in the alluvial
    valley of the Mississippi River is modified so as to provide for
    the construction of plan 4 as set forth in the report of the
    Mississippi River Commission, dated March 7, 1941, to the Chief of
    Engineers, except that the levees in the Yazoo Basin on the east
    bank of the Mississippi River south of the Coahoma-Bolivar County
    line in said plan shall have a three foot freeboard over the
    project flood, and all levees shall be constructed with adequate
    section and foundation to conform to increased levee heights. The
    Boeuf Floodway in the project adopted by sections 702a, 702b to
    702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of
    this title, and the Eudora Floodway as well as the Northward
    Extension and the back protection levee extending from the head of
    the said Eudora Floodway north to the Arkansas River in the project
    adopted by sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-
    1, 702j-2, 702k-1, and 702k-2 of this title, are abandoned, and
    the provisions of said sections relating to the prosecution of work
    on said floodways and extension are repealed.
    (b) Yazoo River project
      The project for flood control of the Yazoo River shall be as
    authorized by sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1,
    702j-1, 702j-2, 702k-1, and 702k-2 of this title, except that the
    Chief of Engineers may, in his discretion, from time to time,
    substitute therefor combinations of reservoirs, levees, and channel
    improvements; and except that the extension of the authorized
    project and improvements contemplated in plan C of the report of
    March 7, 1941, of the Mississippi River Commission are authorized,
    including the extension of the levee on the east bank of the
    Mississippi River generally along the west bank of the Yazoo River
    to a connection in the vicinity of Yazoo City with the Yazoo River
    levee, authorized by the existing project for protection against
    headwater floods of the Yazoo River system, and the adjustment in
    the discretion of the Chief of Engineers of the grades of the
    existing levees in the backwater area on the east bank of Yazoo
    River below Yazoo City, all at an estimated additional cost of
    $11,982,000: Provided, That the Chief of Engineers shall fix the
    grade of the extension levees along the Yazoo River, with higher
    levees in his discretion, so that their construction will give the
    maximum practical protection without jeopardizing the safety and
    integrity of the main Mississippi River levees: And provided
    further, That prior to the beginning of construction local
    authorities shall furnish satisfactory assurances that they will
    (1) maintain the levees in accordance with the provisions of
    section 702c of this title, and will (2) not raise the levees in
    the backwater above the limiting elevations established therefor by
    the Chief of Engineers.
    (c) Tensas-Cocodrie backwater area
      In the development of the authorized project, the construction of
    a levee and improvements contemplated in the report of March 7,
    1941, of the Mississippi River Commission from the main-line levee
    on the west bank of the Mississippi River in the vicinity of Shaw,
    Louisiana, westward and northward to the vicinity of Newlight,
    Louisiana, for the protection of that part of the Red River
    backwater known as the Tensas-Cocodrie area at an estimated cost of
    $6,976,000 is authorized: Provided, That the Chief of Engineers
    shall fix the grade of said levee, with a higher levee in his
    discretion, so that its construction will give the maximum
    practical protection without jeopardizing the safety and integrity
    of the main Mississippi River levees: And provided further, That
    prior to the beginning of construction local authorities shall
    furnish satisfactory assurances that they will (1) maintain the
    levee in accordance with the provisions of section 702c of this
    title, and will (2) not raise the said levee above the limiting
    elevations established therefor by the Chief of Engineers: Provided
    further, That subject to the foregoing conditions of local
    cooperation the Chief of Engineers may in his discretion substitute
    other levees and appurtenant works for, or make such modifications
    of, the levees and improvements herein authorized for the
    protection of the Tensas-Cocodrie area as may be found after
    further investigation to afford protection to a larger area in the
    Red River Backwater at a total cost not to exceed $29,000,000 and
    without jeopardizing the safety and integrity of the main
    Mississippi River levees and without preventing or jeopardizing the
    diversions contemplated in the adopted project through the
    Atchafalaya River and Atchafalaya Basin.
    (d) Reimbursement of local authorities for certain expenses
      The Chief of Engineers, with approval of the Secretary of the
    Army, shall reimburse local authorities for actual expenditures
    found by the Chief of Engineers to be reasonable, for providing at
    the request of the United States, in accordance with local legal
    procedure or custom, rights-of-way and flowage easements required
    for future setbacks of main-line Mississippi River levees.
    (e) Saint Francis River
      The existing engineering plan for flood control of the Saint
    Francis River is modified so as to permit the substitution for the
    suspended portions of the original project below Oak Donnick,
    Arkansas, of the construction of a ditch in Cross County, Arkansas,
    beginning in the vicinity of the outlet end of the existing Oak
    Donnick to Saint Francis Bay floodway and terminating in Saint
    Francis Bay about two miles north of Riverfront, including the
    construction of a highway bridge at State Highway Numbered 42 made
    necessary by the ditch construction: Provided, That local interests
    give assurances satisfactory to the Secretary of the Army that they
    will (1) provide without cost to the United States all lands,
    easements, and rights-of-way necessary for the construction; (2)
    hold and save the United States free from damages due to the
    construction works; and (3) maintain the works after completion in
    accordance with regulations prescribed by the Secretary of the
    Army.
    (f) Bayou Rapides, Boeuf, and Cocodrie, Louisiana, improvements
      In the development of the authorized project, the construction of
    improvements for Bayou Rapides, Boeuf, and Cocodrie, Louisiana,
    contemplated in the report dated March 24, 1941, of the Special
    Board of Officers at an estimated cost of $2,600,000 is authorized.
    (g) Increased authorizations for alluvial valley, Mississippi River
      The total authorizations heretofore made for the flood control
    project of the alluvial valley of the Mississippi River shall not
    be increased by reason of any provision in this Act, except for the
    additional amounts necessary for the Yazoo and Red River backwater
    improvements, and any appropriations heretofore or hereafter made
    or authorized for said project as herein or heretofore modified may
    be expended upon any feature of the said project, notwithstanding
    any restrictions, limitations, or requirements of existing law:
    Provided, That funds hereafter expended for maintenance shall not
    be considered as reducing present remaining balances of
    authorizations.

-SOURCE-
    (June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377,
    Sec. 3, 55 Stat. 642; amended July 26, 1947, ch. 343, title II,
    Sec. 205(a), 61 Stat. 501; May 17, 1950, ch. 188, title II, Sec.
    204(a), 64 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in subsecs. (c) and (g), and this Act,
    referred to in subsec. (g), probably mean 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.

-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-
                                AMENDMENTS                            
      1950 - Subsec. (c). Act May 17, 1950, substituted "$29,000,000"
    for "$14,000,000".

    APPLICATION OF 1950 INCREASE IN AUTHORIZATION CONTAINED IN SUBSEC.
                 (C) TO OLD AND ATCHAFALAYA RIVERS PROJECT
      Section 203 of act Sept. 3, 1954, ch. 1264, title II, 68 Stat.
    1258, in addition to authorizing an amount of $32,000,000 for
    control of the Old and Atchafalaya Rivers and a lock for
    navigation, provided in part that the $15,000,000 increase in
    authorization by act May 17, 1950 in amending subsec. (c) of this
    section (see 1950 Amendment note above), should be applied to such
    project.

-End-



-CITE-
    33 USC Sec. 702b                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702b. Local contribution toward cost of flood control work

-STATUTE-
      It is declared to be the sense of Congress that the principle of
    local contribution toward the cost of flood control work, which has
    been incorporated in all previous national legislation on the
    subject, is sound, as recognizing the special interest of the local
    population in its own protection, and as a means of preventing
    inordinate requests for unjustified items of work having no
    material national interest. As a full compliance with this
    principle in view of the great expenditure estimated at
    approximately $292,000,000, prior to May 15, 1928, made by the
    local interests in the alluvial valley of the Mississippi River for
    protection against the floods of that river; in view of the extent
    of national concern in the control of these floods in the interests
    of national prosperity, the flow of interstate commerce, and the
    movement of the United States mails; and, in view of the gigantic
    scale of the project, involving flood waters of a volume and
    flowing from a drainage area largely outside the States most
    affected, and far exceeding those of any other river in the United
    States, no local contribution to the project herein adopted is
    required.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 2, 45 Stat. 535.)

-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.

-End-



-CITE-
    33 USC Sec. 702c                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702c. Expenditures for construction work; conditions
      precedent; liability for damage from flood waters; condemnation
      proceedings; floodage rights

-STATUTE-
      Except when authorized by the Secretary of the Army upon the
    recommendation of the Chief of Engineers, no money appropriated
    under authority of sections 702a and 702g of this title shall be
    expended on the construction of any item of the project until the
    States or levee districts have given assurances satisfactory to the
    Secretary of the Army that they will (a) maintain all flood-control
    works after their completion, except controlling and regulating
    spillway structures, including special relief levees; maintenance
    includes normally such matters as cutting grass, removal of weeds,
    local drainage, and minor repairs of main river levees; (b) agree
    to accept land turned over to them under the provisions of section
    702d of this title; (c) provide without cost to the United States,
    all rights-of-way for levee foundations and levees on the main stem
    of the Mississippi River between Cape Girardeau, Missouri, and the
    Head of Passes.
      No liability of any kind shall attach to or rest upon the United
    States for any damage from or by floods or flood waters at any
    place: Provided, however, That if in carrying out the purposes of
    sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k,
    702l, 702m, and 704 of this title it shall be found that upon any
    stretch of the banks of the Mississippi River it is impracticable
    to construct levees, either because such construction is not
    economically justified or because such construction would
    unreasonably restrict the flood channel, and lands in such stretch
    of the river are subjected to overflow and damage which are not now
    overflowed or damaged by reason of the construction of levees on
    the opposite banks of the river it shall be the duty of the
    Secretary of the Army and the Chief of Engineers to institute
    proceedings on behalf of the United States Government to acquire
    either the absolute ownership of the lands so subjected to overflow
    and damage or floodage rights over such lands.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 3, 45 Stat. 535; 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. 702d                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702d. Flowage rights; condemnation proceedings; benefits to
      property

-STATUTE-
      The United States shall provide flowage rights for additional
    destructive flood waters that will pass by reason of diversions
    from the main channel of the Mississippi River: Provided, That in
    all cases where the execution of the flood control plan herein
    adopted results in benefits to property such benefits shall be
    taken into consideration by way of reducing the amount of
    compensation to be paid.
      The Secretary of the Army may cause proceedings to be instituted
    for the acquirement by condemnation of any lands, easements, or
    rights of way which, in the opinion of the Secretary of the Army
    and the Chief of Engineers, are needed in carrying out this
    project, the said proceedings to be instituted in the United States
    district court for the district in which the land, easement, or
    right of way is located. In all such proceedings the practice,
    pleadings, forms, and modes of proceedings shall conform as near as
    may be to the practice, pleadings, forms, and proceedings existing
    at the time in like causes in the courts of record of the State
    within which such district court is held, any rule of the court to
    the contrary notwithstanding. When the owner of any land, easement,
    or right of way shall fix a price for the same which, in the
    opinion of the Secretary of the Army is reasonable, he may purchase
    the same at such price; and the Secretary of the Army is also
    authorized to accept donations of lands, easements, and rights of
    way required for this project. The provisions of sections 594 and
    595 of this title are made applicable to the acquisition of lands,
    easements, or rights of way needed for works of flood control:
    Provided, That any land acquired under the provisions of this
    section shall be turned over without cost to the ownership of
    States or local interests.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 4, 45 Stat. 536; Nov. 30, 1945, ch.
    496, 59 Stat. 587; July 26, 1947, ch. 343, title II, Sec. 205(a),
    61 Stat. 501.)


-MISC1-
                                AMENDMENTS                            
      1945 - Act Nov. 30, 1945, substituted second sentence of second
    par. for a sentence which read "In all such proceedings the court,
    for the purpose of ascertaining the value of the property and
    assessing the compensation to be paid, shall appoint three
    commissioners, whose award, when confirmed by the court, shall be
    final."

-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. 702d-1                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702d-1. Bonnet Carre Spillway and Floodway; rights-of-way,
      etc., over lands

-STATUTE-
      The proviso in section 702d of this title "That any land acquired
    under the provisions of this section shall be turned over without
    cost to the ownership of States or local interests," shall not
    apply to the lands heretofore acquired or that may be hereafter
    acquired in connection with the construction, maintenance, or
    operation of the Bonnet Carre Spillway and Floodway. The Secretary
    of the Army is authorized to grant to any citizen, association,
    railroad, or other corporation, State or public agency thereof,
    rights-of-way, easements, and permits, over, across, in, and upon
    said lands for railway, highway, telephone, telegraph, and pipe-
    line crossings, and other purposes. The grants issued in pursuance
    of this authority shall be under such terms and conditions as the
    Secretary of the Army may deem advisable for the protection of the
    public interests, and may be perpetual or temporary in his
    discretion.

-SOURCE-
    (Feb. 15, 1933, ch. 76, 47 Stat. 810; 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. 702e                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702e. Maps for project; preparation

-STATUTE-
      Subject to the approval of the heads of the several executive
    departments concerned, the Secretary of the Army, on the
    recommendation of the Chief of Engineers, may engage the services
    and assistance of the National Ocean Survey, the United States
    Geological Survey, or other mapping agencies of the Government, in
    the preparation of maps required in furtherance of this project,
    and funds to pay for such services may be allotted from
    appropriations made under authority of sections 702a and 702g of
    this title.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 5, 45 Stat. 536; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of Title 43, Public Lands.
      Coast and Geodetic Survey consolidated with National Weather
    Bureau in 1965 to form Environmental Science Services
    Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
    F.R. 8819, 79 Stat. 1318. Environmental Science Services
    Administration abolished in 1970, and its personnel, property,
    records, etc., transferred to National Oceanic and Atmospheric
    Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
    F.R. 15627, 84 Stat. 2090. By order of Acting Associate
    Administrator of National Oceanic and Atmospheric Administration,
    35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey
    redesignated National Ocean Survey. See notes set out under section
    311 of Title 15, Commerce and Trade.
      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                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees. The Geological Survey, referred to in
    text, is an agency of Department of the Interior.

-End-



-CITE-
    33 USC Sec. 702f                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702f. Expenditures for earlier projects

-STATUTE-
      Funds appropriated under authority of section 702a of this title
    may be expended for the prosecution of such works for the control
    of the floods of the Mississippi River as have, prior to May 15,
    1928, been authorized and are not included in the present project,
    including levee work on the Mississippi River between Rock Island,
    Illinois, and Cape Girardeau, Missouri, and on the outlets and
    tributaries of the Mississippi River between Rock Island and Head
    of Passes insofar as such outlets or tributaries are affected by
    the backwaters of the Mississippi: Provided, That for such work on
    the Mississippi River between Rock Island, Illinois, and Cape
    Girardeau, Missouri, and on such tributaries, the States or levee
    districts shall provide rights-of-way without cost to the United
    States, contribute 33 1/3  per centum of the costs of the works,
    and maintain them after completion: And provided further, That not
    more than $10,000,000 of the sums authorized in section 702a of
    this title, shall be expended under the provisions of this section.
    In an emergency, funds appropriated under authority of section 702a
    of this title may be expended for the maintenance of any levee when
    it is demonstrated to the satisfaction of the Secretary of the Army
    that the levee cannot be adequately maintained by the State or
    levee district.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 6, 45 Stat. 536; 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. 702g                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702g. Appropriation for emergency fund

-STATUTE-
      The sum of $5,000,000 is authorized to be appropriated as an
    emergency fund to be allotted by the Secretary of the Army on the
    recommendation of the Chief of Engineers, in rescue work or in the
    repair or maintenance of any flood-control work on any tributaries
    of the Mississippi River threatened or destroyed by flood including
    the flood of 1927: Provided, That the unexpended and unallotted
    balance of said sum, or so much thereof as may be necessary, may be
    allotted by the Secretary of the Army on the recommendation of the
    Chief of Engineers in the reimbursement of levee districts or
    others for expenditures heretofore incurred or made for the
    construction, repair, or maintenance of any flood-control work on
    any tributaries or outlets of the Mississippi River that may be
    threatened, impaired, or destroyed by the flood of 1927 or
    subsequent flood or that have been impaired, damaged, or destroyed
    by flood; and also in the construction, repair, or maintenance, and
    in the reimbursement of levee districts or others for the
    construction, repair, or maintenance of any flood-control work on
    any of the tributaries or outlets of the Mississippi River that
    have been impaired, damaged, or destroyed by caving banks or that
    may be threatened or impaired by caving banks of such tributaries,
    whether or not such caving has taken place during a flood stage:
    Provided further, That if the Chief of Engineers finds that it has
    been or will be necessary or advisable to change the location of
    any such flood-control work in order to provide the protection
    contemplated by this section, such change may be approved and/or
    authorized.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 7, 45 Stat. 537; June 19, 1930, ch.
    542, 46 Stat. 787; July 26, 1947, ch. 343, title II, Sec. 205(a),
    61 Stat. 501.)


-MISC1-
                                AMENDMENTS                            
      1930 - Act June 19, 1930, inserted provisos.

-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. 702g-1                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702g-1. Additional appropriation for emergency fund

-STATUTE-
      The sum of $15,000,000 is authorized to be appropriated as an
    emergency fund to be allocated by the Secretary of the Army on the
    recommendation of the Chief of Engineers in rescue work or in the
    repair or maintenance of any flood-control work on any tributary of
    the Mississippi River threatened or destroyed by flood heretofore
    or hereafter occurring: Provided, That the unexpended and
    unallotted balance of said sum, or so much thereof as may be
    necessary, may be allotted by the Secretary of the Army, on the
    recommendation of the Chief of Engineers, in the reimbursement of
    levee districts or others for expenditures incurred or made prior
    to June 15, 1936 for the construction, repair, or maintenance of
    any flood-control work on any tributaries or outlets of the
    Mississippi River that may be threatened, impaired, or destroyed by
    the flood of 1927 or subsequent flood; and also in the
    construction, repair, or maintenance, and in the reimbursement of
    levee districts or others for the construction, repair, or
    maintenance of any flood-control work on any of the tributaries or
    outlets of the Mississippi River that may have been impaired,
    damaged, or destroyed by caving banks or that may be threatened or
    impaired by caving banks, of such tributaries, whether or not such
    caving has taken place during a flood stage: Provided further, That
    if the Chief of Engineers finds that it has been or will be
    necessary or advisable to change the location of any such flood-
    control work in order to provide the protection contemplated by
    this section, such change may be approved and authorized.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 9, 49 Stat. 1511; 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. 702h                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702h. Prosecution of project by Mississippi River Commission;
      president of commission; salaries

-STATUTE-
      The project herein authorized shall be prosecuted by the
    Mississippi River Commission under the direction of the Secretary
    of the Army and supervision of the Chief of Engineers and subject
    to the provisions of sections 702a, 702b to 702d, 702e to 702g,
    702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. It shall
    perform such functions and through such agencies as they shall
    designate after consultation and discussion with the president of
    the commission. For all other purposes the existing laws governing
    the constitution and activities of the commission shall remain
    unchanged. The commission shall make inspection trips of such
    frequency and duration as will enable it to acquire first-hand
    information as to conditions and problems germane to the matter of
    flood control within the area of its jurisdiction; and on such
    trips of inspection ample opportunity for hearings and suggestions
    shall be afforded persons affected by or interested in such
    problems. The president of the commission shall be the executive
    officer thereof and shall have the qualifications prescribed by law
    on May 15, 1928, for the Assistant Chief of Engineers, shall have
    the title brigadier general, Corps of Engineers, and shall have the
    rank, pay, and allowances of a brigadier general while actually
    assigned to such duty: Provided, That the incumbent of the office
    on May 15, 1928, may be appointed a brigadier general of the Army,
    retired, and shall be eligible for the position of president of the
    commission if recalled to active service by the President under the
    provisions of existing law.
      The official salary of any officer of the United States Army or
    other branch of the Government appointed or employed under sections
    702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l,
    702m, and 704 of this title shall be deducted from the amount of
    salary or compensation provided by, or which shall be fixed under,
    the terms of such sections.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 8, 45 Stat. 537; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 106-53, title V,
    Sec. 558, Aug. 17, 1999, 113 Stat. 354.)

-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. The "project herein authorized" was specifically authorized
    by section 702a of this title.

-COD-
                               CODIFICATION                           
      Provisions of the second paragraph, as amended by Pub. L. 106-53,
    that read: "The salary of the president of the Mississippi River
    Commission shall hereafter be $10,000 per annum, and the salary of
    the other members of the commission shall hereafter be $21,500 per
    annum." were omitted as obsolete and superseded by the
    Classification Act of 1949, 63 Stat. 954, 972. The Classification
    Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec.
    8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III
    of chapter 53 of Title 5, Government Organization and Employees.
    Section 5102 of Title 5 contains the applicability provisions of
    the 1949 Act, and section 5103 of Title 5 authorizes the Office of
    Personnel Management to determine the applicability to specific
    positions and employees.


-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-53 amended provisions which were omitted from
    the second paragraph by substituting "$21,500" for "$7,500". See
    Codification note above.

-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. 702h-1                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702h-1. Transferred

-COD-
                               CODIFICATION                           
      Section has been transferred to section 642a of this title.

-End-



-CITE-
    33 USC Sec. 702i                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702i. Certain sections applicable to property and rights
      acquired or constructed

-STATUTE-
      The provisions of sections 407, 408, 411, 412, and 413 of this
    title are made applicable to all lands, waters, easements, and
    other property and rights acquired or constructed under the
    provisions of sections 702a, 702b to 702d, 702e to 702g, 702h,
    702i, 702j, 702k, 702l, 702m, and 704 of this title.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 9, 45 Stat. 537.)

-End-



-CITE-
    33 USC Sec. 702j                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702j. Projects relating to tributary streams; report to
      Congress; appropriation

-STATUTE-
      It is the sense of Congress that the surveys of the Mississippi
    River and its tributaries, authorized pursuant to the Act of
    January 21, 1927 [ch. 47, 44 Stat. 1010], and House Document
    Numbered 308, Sixty-ninth Congress, first session, be prosecuted as
    speedily as practicable, and the Secretary of the Army, through the
    Corps of Engineers, United States Army, is directed to prepare and
    submit to Congress at the earliest practicable date projects for
    flood control on all tributary streams of the Mississippi River
    system subject to destructive floods which projects shall include:
    The Red River and tributaries, the Yazoo River and tributaries, the
    White River and tributaries, the Saint Francis River and
    tributaries, the Arkansas River and tributaries, the Ohio River and
    tributaries, the Missouri River and tributaries, and the Illinois
    River and tributaries; and the reports thereon, in addition to the
    surveys provided by said House Document 308, Sixty-ninth Congress,
    first session, shall include the effect on the subject of further
    flood control of the lower Mississippi River to be attained through
    the control of the flood waters in the drainage basins of the
    tributaries by the establishment of a reservoir system; the
    benefits that will accrue to navigation and agriculture from the
    prevention of erosion and siltage entering the stream; a
    determination of the capacity of the soils of the district to
    receive and hold waters from such reservoirs; the prospective
    income from the disposal of reservoired waters; the extent to which
    reservoired waters may be made available for public and private
    uses; and inquiry as to the return flow of waters placed in the
    soils from reservoirs, and as to their stabilizing effect on stream
    flow as a means of preventing erosion, siltage, and improving
    navigation: Provided, That before transmitting such reports to
    Congress the same shall be presented to the Mississippi River
    Commission, and its conclusions and recommendations thereon shall
    be transmitted to Congress by the Secretary of the Army with his
    report.
      The sum of $5,000,000 is authorized to be used out of the
    appropriation authorized in section 702a of this title, in addition
    to amounts authorized in the River and Harbor Act of January 21,
    1927 [ch. 47, 44 Stat. 1010], to be expended under the direction of
    the Secretary of the Army and the supervision of the Chief of
    Engineers for the preparation of the flood-control projects
    authorized to be submitted to Congress under this section: Provided
    further, That the flood surveys herein provided for shall be made
    simultaneously with the flood-control work on the Mississippi River
    provided for in sections 702a, 702b to 702d, 702e to 702g, 702h,
    702i, 702j, 702k, 702l, 702m, and 704 of this title: And provided
    further, That the President shall proceed to ascertain through the
    Secretary of Agriculture and such other agencies as he may deem
    proper, the extent to and manner in which the floods in the
    Mississippi Valley may be controlled by proper forestry practice.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 10, 45 Stat. 538; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of January 21, 1927 [ch. 47, 44 Stat. 1010], referred to in
    text, popularly known as the River and Harbor Act of January 21,
    1927, was not classified to the Code, except for subsections (b)
    and (d) of section 5 of the act, which enacted sections 569 and 584
    of this title.
      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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of Agriculture, with certain exceptions, to
    Secretary of Agriculture, with power to delegate, see 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.

-End-



-CITE-
    33 USC Sec. 702j-1                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702j-1. Saint Francis and Yazoo Rivers; lands and easements;
      alteration of highways; cooperation of States

-STATUTE-
      (1) Neither of the projects for the flood control of the Saint
    Francis River or the Yazoo River, authorized by sections 642a, 702a-
    1, 702a-2 to 702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2
    of this title, shall be undertaken until the States, or other
    qualified agencies, shall have furnished satisfactory assurances
    that they will undertake, without cost to the United States, all
    alterations of highways made necessary because of the construction
    of the authorized reservoirs, and meet all damages because of such
    highway alterations, and have agreed also to furnish without cost
    to the United States all lands and easements necessary to the
    construction of levees and drainage ditches constructed under this
    project: Provided, That the reservoirs for control of headwater
    flow of the Yazoo River system may be located by the Chief of
    Engineers, in his discretion: And provided further, That the Chief
    of Engineers may, in his discretion, substitute levees, floodways,
    or auxiliary channels, or any or all of them, for any or all of the
    seven detention reservoirs recommended in his report of February
    12, 1935, for the control of floods of the Yazoo River: And
    provided further, That the Chief of Engineers, with the approval of
    the Secretary of the Army, may modify the project for the flood
    control of the Saint Francis River as recommended in said report,
    to include therein the construction of a detention reservoir for
    the reduction of floods, and the acquisition at the cost of the
    United States of all lands and flowage necessary to the
    construction of said reservoir except flowage of highways: Provided
    further, That the estimated cost to the United States of the
    project is not increased by reason of such detention reservoir.
      (2) The Chief of Engineers may, in his discretion, modify the
    project for the control of floods on the Yazoo River, as authorized
    by paragraph (1) of this section, to substitute therefor a combined
    reservoir floodway and levee plan: Provided, That the total cost
    thereof does not exceed the present authorization as estimated in
    House Committee on Flood Control Document Numbered 1, Seventy-
    fourth Congress, first session: Provided further, That the
    modified project shall be subject to the following conditions of
    local cooperation:
      No work shall be undertaken until the States or other qualified
    agencies have furnished satisfactory assurances that they will - 
      (a) undertake, without cost to the United States, all alterations
    of highways made necessary because of the construction of
    reservoirs and meet all damages because of such highway
    alterations; and
      (b) furnish, without cost to the United States, all lands and
    easements necessary to the construction of levees and drainage
    ditches.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 4, 49 Stat. 1509; Aug. 28, 1937, ch.
    877, Sec. 6, 50 Stat. 880; July 26, 1947, ch. 343, title II, Sec.
    205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Par. (1) is comprised of act June 15, 1936, and par. (2) is from
    act Aug. 28, 1937.

-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. 702j-2                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 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

-STATUTE-
      The Chief of Engineers, under the supervision of the Secretary of
    the Army, shall at the expense of the United States Government
    construct a system of levees substantially in accordance with
    general plan shown on map designated as sheet numbered 1 entitled
    "Tributary Levee Location Survey - White River Levee District -
    Proposed Levee Location" accompanying report dated April 2, 1925,
    and filed in office of First and Second Mississippi River
    Commission Districts, Memphis, Tennessee. The Chief of Engineers
    shall have the right to alter, change, or modify said plan as to
    the grades and levee sections: Provided, however, That no work
    shall be commenced on the above-mentioned project until the State,
    levee boards, or other responsible local interests have given
    assurances satisfactory to the Secretary of the Army that they will
    (a) provide without cost to the United States all rights-of-way
    necessary for the construction of said project; (b) provide
    drainage facilities made necessary by construction of levees; (c)
    acquire and provide without cost to the United States all flowage
    and storage rights and easements over, upon, and across the lands
    and properties within the protected area in the event it becomes
    necessary in the judgment and discretion of the Secretary of the
    Army or the Chief of Engineers to use said area, or any part
    thereof, for an emergency reservoir; (d) hold and save the United
    States free from liability for damages on account of the use of
    said area for reservoir purposes during said emergency.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 5, 49 Stat. 1509; 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. 702k                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702k. Surveys below Cape Girardeau, Missouri; resurvey of
      levee in Tennessee

-STATUTE-
      The Secretary of the Army shall cause the Mississippi River
    Commission to make an examination and survey of the Mississippi
    River below Cape Girardeau, Missouri, (a) at places where levees
    have prior to May 15, 1928, been constructed on one side of the
    river and the lands on the opposite side have been thereby
    subjected to greater overflow, and were, without unreasonably
    restricting the flood channel, levees can be constructed to reduce
    the extent of this overflow, and where the construction of such
    levees is economically justified, and report thereon to the
    Congress as soon as practicable with such recommendations as the
    commission may deem advisable; (b) with a view to determining the
    estimated effects, if any, upon lands lying between the river and
    adjacent hills by reason of overflow of such lands caused by the
    construction of levees at other points along the Mississippi River,
    and determining the equities of the owners of such lands and the
    value of the same, and the commission shall report thereon to the
    Congress as soon as practicable with such recommendation as it may
    deem advisable: Provided, That inasmuch as the Mississippi River
    Commission made a report on the 26th day of October 1912,
    recommending a levee to be built from Tiptonville, Tennessee, to
    the Obion River in Tennessee, the said Mississippi River Commission
    is authorized to make a resurvey of said proposed levee and a
    relocation of the same if necessary, and if such levee is found
    feasible, and is approved by the board created in section 702a of
    this title, and by the President the same shall be built out of
    appropriations made after May 15, 1928.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 11, 45 Stat. 538; 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. 702k-1                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702k-1. Authorization of appropriation

-STATUTE-
      $272,000,000 is authorized to be appropriated for the carrying
    out of the modified adopted project, and all unexpended balances of
    appropriations heretofore made for the prosecution of said flood-
    control project are made available for the purposes of sections
    642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-1, 702j-2, 702k-1,
    and 702k-2 of this title.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 13, 49 Stat. 1513.)

-End-



-CITE-
    33 USC Sec. 702k-2                                          01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702k-2. Separability

-STATUTE-
      If any provision of sections 642a, 702a-1, 702a-2 to 702a-12,
    702g-1, 702j-1, 702j-2, and 702k-1 of this title, or the
    application thereof, to any person or circumstances, is held
    invalid, the remainder of the said sections, and the application of
    such provisions to other persons or circumstances, shall not be
    affected thereby.

-SOURCE-
    (June 15, 1936, ch. 548, Sec. 14, 49 Stat. 1513.)

-End-



-CITE-
    33 USC Sec. 702l                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702l. Repeal of inconsistent laws

-STATUTE-
      All laws or parts of laws inconsistent with sections 702a, 702b
    to 702d, 702e to 702g, 702h, 702i, 702j, and 702k of this title,
    are repealed.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 12, 45 Stat. 539.)

-End-



-CITE-
    33 USC Sec. 702m                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 702m. Interest of Members of Congress in contracts for
      acquisition of land

-STATUTE-
      In every contract or agreement to be made or entered into for the
    acquisition of land either by private sale or condemnation as in
    sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k,
    702l, 702m, and 704 of this title provided the provisions contained
    in section 22 of Title 41 shall be applicable.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 14, 45 Stat. 539.)

-End-



-CITE-
    33 USC Sec. 702n                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

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

-STATUTE-
      The Secretary of the Army is authorized, out of any money
    available for carrying out the provisions of sections 702a, 702b to
    702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of
    this title, to purchase from, or to reimburse States or local levee
    districts for the cost of, any levee rights-of-way or easements for
    the building of levees in the Mississippi Valley for which the
    United States was or is under obligation to pay under the
    provisions of said sections regardless of whether said States or
    local levee districts have furnished such rights-of-way in the past
    and regardless of the conditions under which such levee rights-of-
    way were furnished, or may be furnished in the future: Provided,
    That after careful investigation the prices are found to be
    reasonable: And provided further, That payments or reimbursements
    for levee rights-of-way or easements conveying the privilege of
    building levees may be made as soon as they have been acquired in
    conformity with local custom or legal procedure in such matters and
    to the satisfaction of the Chief of Engineers.

-SOURCE-
    (Apr. 23, 1934, ch. 159, 48 Stat. 607; 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. 703                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 703. Sacramento River, California

-STATUTE-
      Flood-control works authorized - For controlling the floods,
    removing the de&233;bris, and continuing the improvement of the
    Sacramento River, California, in accordance with the plans of the
    California De&233;bris Commission, the Secretary of the Army is
    authorized and directed to carry on continuously, by hired labor or
    otherwise, the plan of said commission contained in its report
    submitted August 10, 1910, and printed in House Document Numbered
    81, Sixty-second Congress, first session, as modified by the report
    of said commission submitted February 8, 1913, approved by the
    Chief of Engineers of the United States Army and the Board of
    Engineers for Rivers and Harbors, and printed in Rivers and Harbors
    Committee Document Numbered 5, Sixty-third Congress, first session,
    insofar as said plan provides for the rectification and enlargement
    of river channels and the construction of weirs, to be paid for as
    appropriations may from time to time be made by law, not to exceed
    in the aggregate $5,600,000: Provided, That not more than
    $1,000,000 shall be expended therefor during any one fiscal year.
      Limitation on expenditure of appropriations generally - (a) All
    money appropriated under authority of this section shall be
    expended under the direction of the Secretary of the Army, in
    accordance with the plans, specifications, and recommendations of
    the California De&233;bris Commission, as approved by the Chief of
    Engineers, for the control of floods, removal of de&233;bris, and
    the general improvement of the Sacramento River: Provided, That no
    money shall be expended under authority of this section until
    assurances have been given satisfactory to the Secretary of the
    Army (a) that the State of California will contribute annually for
    such work a sum equal to such sum as may be expended annually
    therefor by the United States under authority of this section; (b)
    that such equal contributions by the State of California will
    continue annually until the full equal share of the cost of such
    work shall have been contributed by said State; and (c) that the
    river levees contemplated in the report of the California
    De&233;bris Commission, dated August 10, 1910, will be constructed
    to such grade and section and within such time as may be required
    by said commission: Provided further, That said State shall not be
    required to expend for such work, for any one year, a sum larger
    than that expended thereon by the United States during the same
    year: And provided further, That the total contributions so
    required of the State of California shall not exceed in the
    aggregate $5,600,000.
      Expenditure of contributions by State of California; acquisition
    of sites, easements, etc. - (b) All money contributed by the State
    of California, as herein provided, shall be expended under the
    direction of the California De&233;bris Commission and in such
    manner as it may require or approve, and no money appropriated
    under authority of this section shall be expended in the purchase
    of or payment for any right-of-way, easement, or land acquired for
    the purposes of this improvement, but all such rights-of-way,
    easements, and lands shall be provided free of cost to the United
    States: Provided, That no money paid or expense incurred therefor
    shall be computed as a part of the contribution of the State of
    California toward the work of improvement herein provided for
    within the meaning of paragraph (a) of this section.
      Maintenance of works for flood control by State of California -
    (c) Upon the completion of all works for flood control herein
    authorized the said works shall be turned over to the State of
    California 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. 2, 39 Stat. 949; 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.


-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.

-End-



-CITE-
    33 USC Sec. 704                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 704. Modification of project

-STATUTE-
      The project for the control of floods in the Sacramento River,
    California, adopted by section 703 of this title, is modified in
    accordance with the report of the California De&233;bris Commission
    submitted in Senate Document Numbered 23, Sixty-ninth Congress,
    first session: Provided, That the total amounts contributed by the
    Federal Government, including the amounts heretofore contributed by
    it, shall in no event exceed in the aggregate $17,600,000.

-SOURCE-
    (May 15, 1928, ch. 569, Sec. 13, 45 Stat. 539.)

-End-



-CITE-
    33 USC Sec. 705                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 705. Salmon River, Alaska; flood control work authorized

-STATUTE-
      The project of prevention and control of floods in the Salmon
    River, Alaska, recommended in the report of the Chief of Engineers,
    United States Army, in House Document Numbered 228, Seventy-second
    Congress, is adopted and authorized and shall be prosecuted under
    the direction of the Secretary of the Army and the supervision of
    the Chief of Engineers in accordance with the plan recommended in
    such report and subject to the conditions set forth therein.

-SOURCE-
    (June 18, 1934, ch. 581, 48 Stat. 991; 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. 706                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 706. Secretary of Commerce; current precipitation information;
      appropriation

-STATUTE-
      There is authorized an expenditure as required, from any
    appropriations heretofore or hereafter made for flood control,
    rivers and harbors, and related purposes by the United States, for
    the establishment, operation, and maintenance by the Secretary of
    Commerce of a network of recording and nonrecording precipitation
    stations, known as the Hydroclimatic Network, whenever in the
    opinion of the Chief of Engineers and the Secretary of Commerce
    such service is advisable in connection with either preliminary
    examinations and surveys or works of improvement authorized by the
    law for flood control, rivers and harbors, and related purposes,
    and the Secretary of the Army upon the recommendation of the Chief
    of Engineers is authorized to allot the Secretary of Commerce funds
    for said expenditure.

-SOURCE-
    (June 28, 1938, ch. 795, Sec. 8, 52 Stat. 1226; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264,
    title II, Sec. 207, 68 Stat. 1266.)


-MISC1-
                                AMENDMENTS                            
      1954 - Act Sept. 3, 1954, struck out $375,000 limitation on
    transfers to Weather Bureau for providing basic hydrologic and
    climatic information; inserted references to "rivers and harbors,
    and related purposes" after "flood control," in two places; and
    substituted "network of recording and nonrecording precipitation
    stations, known as the Hydroclimatic Network" for "current
    information service on precipitation, flood forecasts, and flood
    warnings".

-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                       
      Weather Bureau of Department of Commerce consolidated with Coast
    and Geodetic Survey to form a new agency in Department of Commerce
    to be known as Environmental Science Services Administration and
    office of Chief of Weather Bureau abolished by Reorg. Plan No. 2 of
    1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in
    the Appendix to Title 5, Government Organization and Employees. All
    functions of Bureau and Chief of Bureau transferred to Secretary of
    Commerce by Reorg. Plan. Subsequently, Environmental Science
    Services Administration abolished by Reorg. Plan No. 4 of 1970,
    eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
    Appendix to Title 5, which created National Oceanic and Atmospheric
    Administration in Department of Commerce. By Department
    Organization Order 25-5A, republished 39 F.R. 27486, Secretary of
    Commerce delegated to NOAA his functions relating to Weather
    Bureau. By order of Acting Associate Administrator of NOAA,
    organization name of Weather Bureau changed to National Weather
    Service. For further details, see Codification note set out under
    section 311 of Title 15, Commerce and Trade.

-End-



-CITE-
    33 USC Sec. 707                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 707. Sumner Dam and Lake Sumner; declaration of purpose;
      report to Congress; appropriation

-STATUTE-
      The Sumner Dam and Lake Sumner on the Pecos River, New Mexico, is
    authorized and declared to be for the purposes of controlling
    floods, regulating the flow of the Pecos River, providing for
    storage and for delivery of stored waters, for the reclamation of
    lands, and other beneficial uses, and said dam and reservoir shall
    be used, first, for irrigation; second, for flood control and river
    regulation; and third, for other purposes. The Chief of Engineers
    and the Secretary of the Army are directed to report to the
    Congress the amount of the total cost of said Sumner Dam and Lake
    Sumner which is properly allocable to flood control. The
    appropriation and transfer of such amount from the general fund of
    the Treasury to the reclamation fund, for credit by reduction of
    the maximum obligation of the Carlsbad Irrigation District to repay
    the total cost thereof, is authorized.

-SOURCE-
    (Aug. 11, 1939, ch. 699, Sec. 7, 53 Stat. 1417; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 93-447, Oct. 17,
    1974, 88 Stat. 1363.)


-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-447 substituted "Sumner Dam and Lake Sumner"
    for "Alamogordo Dam and Reservoir" wherever appearing.

-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-
     ALAMOGORDO DAM AND RESERVOIR REDESIGNATED AS SUMNER DAM AND LAKE
                                  SUMNER
      Pub. L. 93-447 provided: "That the Alamogordo Dam and Reservoir,
    New Mexico, referred to in the Act of August 11, 1939 (53 Stat.
    1414) [which enacted this section], are redesignated as Sumner Dam
    and Lake Sumner, respectively. Any law, regulation, map, document,
    record, or other paper of the United States in which such dam or
    reservoir is referred to shall be held to refer to such dam as
    Sumner Dam or such reservoir as Lake Sumner."

-End-



-CITE-
    33 USC Sec. 708                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 708. Sale of surplus waters for domestic and industrial uses;
      disposition of moneys

-STATUTE-
      The Secretary of the Army is authorized to make contracts with
    States, municipalities, private concerns, or individuals, at such
    prices and on such terms as he may deem reasonable, for domestic
    and industrial uses for surplus water that may be available at any
    reservoir under the control of the Department of the Army:
    Provided, That no contracts for such water shall adversely affect
    then existing lawful uses of such water. All moneys received from
    such contracts shall be deposited in the Treasury of the United
    States as miscellaneous receipts.

-SOURCE-
    (Dec. 22, 1944, ch. 665, Sec. 6, 58 Stat. 890; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; May 23, 1952, ch. 328,
    Sec. 1(a), 66 Stat. 93.)


-MISC1-
                                AMENDMENTS                            
      1952 - Act May 23, 1952, revived and reenacted section.

-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-
                                  REPEALS                              
      Act May 23, 1952, Sec. 1(b), repealed paragraph (59) of section 1
    of act Oct. 31, 1951, ch. 654, 65 Stat. 703, which had previously
    repealed this section.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain personal property and functions relating
    thereto, insofar as they pertain to Air Force, from Secretary of
    the Army and Department of the Army to Secretary of the Air Force
    and Department of the Air Force, see Secretary of Defense Transfer
    Order No. 39, eff. May 18, 1949, and 40 [App. B (98)], July 22,
    1949.


-MISC3-
               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.

-End-



-CITE-
    33 USC Sec. 709                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 709. Regulations for use of storage waters; application to
      Tennessee Valley Authority

-STATUTE-
      On and after December 22, 1944, it shall be the duty of the
    Secretary of the Army to prescribe regulations for the use of
    storage allocated for flood control or navigation at all reservoirs
    constructed wholly or in part with Federal funds provided on the
    basis of such purposes, and the operation of any such project shall
    be in accordance with such regulations: Provided, That this section
    shall not apply to the Tennessee Valley Authority, except that in
    case of danger from floods on the Lower Ohio and Mississippi Rivers
    the Tennessee Valley Authority is directed to regulate the release
    of water from the Tennessee River into the Ohio River in accordance
    with such instructions as may be issued by the Department of the
    Army.

-SOURCE-
    (Dec. 22, 1944, ch. 665, Sec. 7, 58 Stat. 890; 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.


-MISC1-
               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.

-End-



-CITE-
    33 USC Sec. 709a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 709a. Information on floods and flood damage

-STATUTE-
    (a) Compilation and dissemination
      In recognition of the increasing use and development of the flood
    plains of the rivers of the United States and of the need for
    information on flood hazards to serve as a guide to such
    development, and as a basis for avoiding future flood hazards by
    regulation of use by States and political subdivisions thereof, and
    to assure that Federal departments and agencies may take proper
    cognizance of flood hazards, the Secretary of the Army, through the
    Chief of Engineers, is hereby authorized to compile and disseminate
    information on floods and flood damages, including identification
    of areas subject to inundation by floods of various magnitudes and
    frequencies, and general criteria for guidance of Federal and non-
    Federal interests and agencies in the use of flood plain areas;
    and to provide advice to other Federal agencies and local interests
    for their use in planning to ameliorate the flood hazard. Surveys
    and guides will be made for States and political subdivisions
    thereof only upon the request of a State or a political subdivision
    thereof, and upon approval by the Chief of Engineers, and such
    information and advice provided them only upon such request and
    approval.
    (b) Flood prevention coordination
      The Secretary shall coordinate with the Administrator of the
    Federal Emergency Management Agency and the heads of other Federal
    agencies to ensure that flood control projects and plans are
    complementary and integrated to the extent practicable and
    appropriate.
    (c) Fees
      The Secretary of the Army is authorized to establish and collect
    fees from Federal agencies and private persons for the purpose of
    recovering the cost of providing services pursuant to this section.
    Funds collected pursuant to this section shall be deposited into
    the account of the Treasury of the United States entitled
    "Contributions and Advances, Rivers and Harbor, Corps of Engineers
    (8862)" and shall be available until expended to carry out this
    section. No fees shall be collected from State, regional, or local
    governments or other non-Federal public agencies for services
    provided pursuant to this section, but the Secretary of the Army
    may accept funds voluntarily contributed by such entities for the
    purpose of expanding the scope of the services requested by the
    entities.
    (d) Fiscal year limitation on expenditures
      The Secretary of the Army is authorized to expend not to exceed
    $15,000,000 per fiscal year for the compilation and dissemination
    of information under this section.

-SOURCE-
    (Pub. L. 86-645, title II, Sec. 206, July 14, 1960, 74 Stat. 500;
    Pub. L. 89-298, title II, Sec. 220, Oct. 27, 1965, 79 Stat. 1089;
    Pub. L. 89-789, title II, Sec. 206, Nov. 7, 1966, 80 Stat. 1422;
    Pub. L. 91-611, title II, Sec. 225, Dec. 31, 1970, 84 Stat. 1832;
    Pub. L. 93-251, title I, Sec. 64, Mar. 7, 1974, 88 Stat. 30; Pub.
    L. 101-640, title III, Sec. 321, Nov. 28, 1990, 104 Stat. 4643;
    Pub. L. 106-53, title II, Secs. 202, 216, Aug. 17, 1999, 113 Stat.
    285, 293; Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120
    Stat. 1410.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b). Pub. L. 106-53, Sec. 216, added subsec. (b).
    Former subsec. (b) redesignated (c).
      Pub. L. 106-53, Sec. 202, inserted before period at end of third
    sentence ", but the Secretary of the Army may accept funds
    voluntarily contributed by such entities for the purpose of
    expanding the scope of the services requested by the entities".
      Subsecs. (c), (d). Pub. L. 106-53, Sec. 216(1), redesignated
    subsecs. (b) and (c) as (c) and (d), respectively.
      1990 - Pub. L. 101-640 added subsec. (b) and redesignated former
    subsec. (b) as (c).
      1974 - Subsec. (b). Pub. L. 93-251 substituted "$15,000,000" for
    "$11,000,000".
      1970 - Subsec. (b). Pub. L. 91-611 substituted "$11,000,000" for
    "$7,000,000".
      1966 - Subsec. (a). Pub. L. 89-789, in amending subsec. (a)
    generally, substituted "political subdivisions thereof" for
    "municipalities" and "advice" for "engineering advice", inserted
    provision "to assure that Federal departments and agencies may take
    proper cognizance of flood hazards", provided for guidance of
    Federal and non-Federal interests and agencies and advice to other
    Federal agencies, and for surveys and guides upon request of a
    State or political subdivision in lieu of surveys and studies for
    specific localities upon request of a State or responsible local
    governmental agency.
      Subsec. (b). Pub. L. 89-789 substituted "expend not to exceed
    $7,000,000 per fiscal year for the compilation and dissemination of
    information under this section" for "allot, from any appropriations
    hereafter made for flood control, sums not to exceed $2,500,000 in
    any one fiscal year for the compilation and dissemination of such
    information".
      1965 - Subsec. (b). Pub. L. 89-298 substituted "$2,500,000" for
    "$1,000,000".

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in subsec. (b) on authority of section 612(c) of Pub. L.
    109-295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.

-End-



-CITE-
    33 USC Sec. 709b                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 15 - FLOOD CONTROL

-HEAD-
    Sec. 709b. Flood hazard information

-STATUTE-
      The Secretary, the Administrator of the Federal Emergency
    Management Agency, and the Administrator of the Soil Conservation
    Service shall take necessary actions, including the posting and
    distribution of information and the preparation and distribution of
    educational materials and programs, to ensure that information
    relating to flood hazard areas is generally available to the
    public.

-SOURCE-
    (Pub. L. 99-662, title IX, Sec. 944, Nov. 17, 1986, 100 Stat. 4200;
    Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat.
    1410.)

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in text on authority of section 612(c) of Pub. L. 109-295,
    set out as a note under section 313 of Title 6, Domestic Security.
    Any reference to the Administrator of the Federal Emergency
    Management Agency in title VI of Pub. L. 109-295 or an amendment by
    title VI to be considered to refer and apply to the Director of the
    Federal Emergency Management Agency until Mar. 31, 2007, see
    section 612(f)(2) of Pub. L. 109-295, set out as a note under
    section 313 of Title 6.

-CROSS-
                            "SECRETARY" DEFINED                        
      Secretary means the Secretary of the Army, see section 2201 of
    this title.

-End-