dreamproit/uscode huggingface dataset:
33 U.S.C. § 701b–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–2. Cooperation by Secretaries of the Army and Agriculture; expenditures
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.
(June 28, 1938, ch. 795, § 5, 52 Stat. 1223; Aug. 18, 1941, ch. 377, § 8, 55 Stat. 650; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: References in Text
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.
heading: Amendments
text: 1941—Act Aug. 18, 1941, changed the reference near the beginning of section and inserted sentence at end.
heading: Change of Name
text: 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.
heading: Transfer of Functions
text: 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, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.
33 U.S.C. § 701b–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–3. Examinations and surveys; availability of appropriations
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.
(Aug. 11, 1939, ch. 699, § 2, 53 Stat. 1414; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Change of Name
text: 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.
33 U.S.C. § 701b–4 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–4. Administration of surveys; number authorized; reports
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.
(Aug. 11, 1939, ch. 699, § 6, 53 Stat. 1415; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: References in Text
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–1½, 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.
heading: Change of Name
text: 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.
heading: Transfer of Functions
text: 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, §§ 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.
33 U.S.C. § 701b–5 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–5. Omitted
heading: Codification
text: Section, act Mar. 31, 1945, ch. 45, § 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.
33 U.S.C. § 701b–6 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–6. Examinations and surveys by Secretary of Agriculture
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.
(Aug. 28, 1937, ch. 877, § 3, 50 Stat. 877; Jan. 19, 1948, ch. 2, § 1, 62 Stat. 4; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Amendments
text: 1948—Act Jan. 19, 1948, inserted “or is hereafter” after “heretofore been” to make section applicable to future preliminary surveys and examinations.
heading: Change of Name
text: 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.
33 U.S.C. § 701b–7 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee
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.
(Jan. 19, 1948, ch. 2, § 2, 62 Stat. 4; Pub. L. 103–437, § 12(d), Nov. 2, 1994, 108 Stat. 4590.)
heading: References in Text
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.
heading: Amendments
text: 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”.
heading: Change of Name
text: 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.
33 U.S.C. § 701b–8 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–8. Submission of report by Chief of Engineers
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.
(Sept. 3, 1954, ch. 1264, title II, § 202, 68 Stat. 1256.)
heading: Codification
text: 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.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior acts:
May 17, 1950, ch. 188, title II, § 202, 64 Stat. 170.
June 30, 1948, ch. 771, title II, § 202, 62 Stat. 1175.
July 24, 1946, ch. 596, § 2, 60 Stat. 641.
33 U.S.C. § 701b–8a (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–8a. Discontinuance of preliminary examination reports
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.
(Pub. L. 85–500, title II, § 208, July 3, 1958, 72 Stat. 319.)
heading: References in Text
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.
33 U.S.C. § 701b–9 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–9. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures
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.
(July 31, 1947, ch. 411, § 1, 61 Stat. 688.)
heading: Codification
text: 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.
33 U.S.C. § 701b–10 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–10. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation
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.
(July 27, 1953, ch. 245, § 101, 67 Stat. 199.)
heading: Codification
text: 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.
heading: Retention of Three Operational Aircraft; Notice of Intended Use Outside United States
text: For provision relating to retention, use, and disposal of three operational aircraft by Chief of Engineers, see section 101(d) [title I, § 110] of Pub. L. 100–202, set out as a note under section 576 of this title.
33 U.S.C. § 701b–11 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–11. Flood protection projects
(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.
(Pub. L. 93–251, title I, § 73, Mar. 7, 1974, 88 Stat. 32.)
heading: Nonstructural Flood Control Policy
text: Pub. L. 104–303, title II, § 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.”
33 U.S.C. § 701b–14 (NAVIGATION AND NAVIGABLE WATERS)
§ 701b–14. Structural integrity evaluations
(a) In general
Upon request of a non-Federal interest, the Secretary shall evaluate the structural integrity and effectiveness of a project for flood damage reduction and, if the Secretary determines that the project does not meet such minimum standards as the Secretary may establish and absent action by the Secretary the project will fail, the Secretary may take such action as may be necessary to restore the integrity and effectiveness of the project.
(b) Priority
The Secretary shall carry out an evaluation and take such actions as may be necessary under subsection (a) for the project for flood damage reduction, Arkansas River Levees, Arkansas.
(Pub. L. 110–114, title V, § 5004, Nov. 8, 2007, 121 Stat. 1191.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 701c–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 701c–2. Acquisition and sale of land
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.
(Aug. 18, 1941, ch. 377, § 6, 55 Stat. 650; Oct. 31, 1951, ch. 654, § 3(6), 65 Stat. 708.)
heading: Amendments
text: 1951—Act Oct. 31, 1951, struck out “558a and” in the reference to other sections.
33 U.S.C. § 701c–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 701c–3. Lease receipts; payment of portion to States
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.
(Aug. 18, 1941, ch. 377, § 7, 55 Stat. 650; July 24, 1946, ch. 596, § 5, 60 Stat. 642; June 16, 1953, ch. 114, 67 Stat. 61; Sept. 3, 1954, ch. 1264, title II, § 206, 68 Stat. 1266; Pub. L. 102–486, title XXV, § 2506(c), Oct. 24, 1992, 106 Stat. 3107.)
heading: References in Text
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 (§ 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.
heading: Amendments
text: 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.