### §1962d–5. Water resources development projects involving navigation, flood control, and shore protection

#### (a) Construction, operation, and maintenance; limitation on estimated Federal first cost of construction; Congressional committee approval of projects; reports to Congress

The Secretary of the Army, acting through the Chief of Engineers, is authorized to construct, operate, and maintain any water resource development project, including single and multiple purpose projects involving, but not limited to, navigation, flood control, and shore protection, if the estimated Federal first cost of constructing such project is less than $15,000,000. No appropriation shall be made to construct, operate, or maintain any such project if such project has not been approved by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives, respectively. For the purpose of securing consideration of such approval the Secretary shall transmit to Congress a report of such proposed project, including all relevant data and all costs.

#### (b) Local cooperation requirements based on certain estimated Federal first cost of construction

Any water resource development project authorized to be constructed by this section shall be subject to the same requirements of local cooperation as it would be if the estimated Federal first cost of such project were $15,000,000 or more.

(Pub. L. 89–298, title II, §201, Oct. 27, 1965, 79 Stat. 1073; Pub. L. 94–587, §131, Oct. 22, 1976, 90 Stat. 2928; Pub. L. 103–437, §15(d), Nov. 2, 1994, 108 Stat. 4592.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Flood Control Act of 1965, and not as part of the Water Resources Planning Act which comprises this chapter.

#### Amendments

1994—Subsec. (a). Pub. L. 103–437 substituted "Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House" for "Committees on Public Works of the Senate and House".

1976—Subsec. (a). Pub. L. 94–587, §131(a), substituted "$15,000,000" for "$10,000,000".

Subsec. (b). Pub. L. 94–587, §131(b), substituted "$15,000,000" for "$10,000,000".

#### **Statutory Notes and Related Subsidiaries**

#### 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.

#### Local Cooperation, Study; Report to Congress

Pub. L. 93–251, title I, §24, Mar. 7, 1974, 88 Stat. 20, provided that the Secretary of the Army make a study of the items of local cooperation involving hold and save harmless provisions which have been required for water resource development projects under his jurisdiction and report on such study to Congress not later than June 30, 1975.

#### Land and Water Use, Study; Report to Congress

Pub. L. 93–251, title I, §25, Mar. 7, 1974, 88 Stat. 20, provided that the Secretary of the Army conduct a study on land use practices and recreational uses at water resource development projects under his jurisdiction and report on such study to Congress not later than June 30, 1975.

#### National Streambank Erosion Prevention and Control Demonstration Program

Pub. L. 93–251, title I, §32, Mar. 7, 1974, 88 Stat. 21, as amended by Pub. L. 94–587, §§155, 161, Oct. 22, 1976, 90 Stat. 2932, 2933, known as the "Streambank Erosion Control Evaluation and Demonstration Act of 1974", directed the Secretary of the Army, acting through the Chief of Engineers, to establish and conduct for a period of five fiscal years a national streambank erosion prevention and control demonstration program, to consist of an evaluation of the extent of streambank erosion on navigable rivers and their tributaries; development of new methods and techniques for bank protection, research on soil stability, and identification of the causes of erosion; a report to the Congress on the results of such studies and the recommendations of the Secretary of the Army on means for the prevention and correction of streambank erosion; and demonstration projects, including bank protection works. The final report to the Congress was to be made by Secretary of the Army no later than Dec. 31, 1981.

#### National Shoreline Erosion Control Development and Demonstration Program

Pub. L. 93–251, title I, §54, Mar. 7, 1974, 88 Stat. 26, known as the "Shoreline Erosion Control Demonstration Act of 1974", directed the Secretary of the Army, acting through the Chief of Engineers, to establish and conduct for a period of five fiscal years a national shoreline erosion control development and demonstration program, to consist of planning, constructing, operating, evaluating, and demonstrating prototype shoreline erosion control devices, both engineered and vegetative, and to be carried out in cooperation with the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion, and in cooperation with Federal, State, and local agencies, private organizations, and the Shoreline Erosion Advisory Panel established pursuant to section 54(d) of Pub. L. 93–251. The Panel was to expire ninety days after termination of the five-year program. The Secretary of the Army was to submit to Congress a final report, sixty days after the fifth fiscal year of funding, such report to include a comprehensive evaluation of the national shoreline erosion control development and demonstration program.

#### Technical and Engineering Assistance for Non-Development of Erosion Prevention Methods

Pub. L. 93–251, title I, §55, Mar. 7, 1974, 88 Stat. 28, provided that: "The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide technical and engineering assistance to non-Federal public interests in developing structural and non-structural methods of preventing damages attributable to shore and streambank erosion."

#### Visitor Protection Services, Study; Report to Congress

Pub. L. 93–251, title I, §75, Mar. 7, 1974, 88 Stat. 32, directed Secretary of the Army to conduct a study on need for and means of providing visitor protection services at water resource development projects under jurisdiction of Department of the Army and report on such study to Congress not later than Dec. 31, 1974.