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33 U.S.C. § 701a — Declaration of policy of 1936 act
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_ac53948d2420ffddee78caf4
Source file: Laws/federal/codes/united-states-code/title-33/section-701a-declaration-of-policy-of-1936-act--22057ffc86.md
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Source location: Title 33, Chapter 15, § 701a; chapter-015-flood-control.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211
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Federal law — U.S. Code and appendices · legal_authorities
The words “flood control” as used in [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701a–1
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701b
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Federal law — U.S. Code and appendices · legal_authorities
After June 22, 1936, no money appropriated under authority of [section 701f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701f&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701c
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), 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 $15,000,000 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701s
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Federal law — U.S. Code and appendices · legal_authorities
Page 184
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 701a
construction and operation of the proposed
works with other plans involving the waters
which would be used or controlled by such pro-
posed 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 oper-
ation 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 me-
ridian, 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 Sec-
retary of the Army may prepare and make said
transmittal any time following said 30-day pe-
riod. The letter of transmittal and its attach-
ments shall be printed as a House or Senate doc-
ument and shall be made publicly available.
(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 be
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 701a
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