33 U.S.C. § 708 — Sale of surplus waters for domestic and in-

Page 227 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 708 poses, and the Secretary of the Army upon the recommendation of the Chief of Engineers is au- thorized to allot the Secretary of Commerce funds for said expenditure. (June 28, 1938, ch. 795, § 8, 52 Stat. 1226; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, § 207, 68 Stat. 1266.) Editorial Notes AMENDMENTS 1954—Act Sept. 3, 1954, struck out $375,000 limitation on transfers to Weather Bureau for providing basic hy- drologic and climatic information; inserted references to ‘‘rivers and harbors, and related purposes’’ after ‘‘flood control,’’ in two places; and substituted ‘‘net- work of recording and nonrecording precipitation sta- tions, known as the Hydroclimatic Network’’ for ‘‘cur- rent information service on precipitation, flood fore- casts, and flood warnings’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. Executive Documents TRANSFER OF FUNCTIONS Weather Bureau of Department of Commerce consoli- dated with Coast and Geodetic Survey to form a new agency in Department of Commerce to be known as En- vironmental Science Services Administration and of- fice 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 Or- ganization 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 Depart- ment 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. § 707. Sumner Dam and Lake Sumner; declara- tion of purpose; report to Congress; appro- priation The Sumner Dam and Lake Sumner on the Pecos River, New Mexico, is authorized and de- clared 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 Sec- retary 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 prop- erly allocable to flood control. The appropria- tion and transfer of such amount from the gen- eral 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. (Aug. 11, 1939, ch. 699, § 7, 53 Stat. 1417; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 93–447, Oct. 17, 1974, 88 Stat. 1363.) Editorial Notes AMENDMENTS 1974—Pub. L. 93–447 substituted ‘‘Sumner Dam and Lake Sumner’’ for ‘‘Alamogordo Dam and Reservoir’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. ALAMOGORDO DAM AND RESERVOIR REDESIGNATED AS SUMNER DAM AND LAKE SUMNER Pub. L. 93–447, Oct. 17, 1974, 88 Stat. 1363, provided: ‘‘That the Alamogordo Dam and Reservoir, New Mex- ico, 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 re- ferred to shall be held to refer to such dam as Sumner Dam or such reservoir as Lake Sumner.’’ § 708. Sale of surplus waters for domestic and in- dustrial uses; disposition of moneys The Secretary of the Army is authorized to make contracts with States, municipalities, pri- vate 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: Pro- vided, That no contracts for such water shall ad- versely 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. (Dec. 22, 1944, ch. 665, § 6, 58 Stat. 890; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; May 23, 1952, ch. 328, § 1(a), 66 Stat. 93.) Editorial Notes AMENDMENTS 1952—Act May 23, 1952, revived and reenacted section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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 Page 228 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 709 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. REPEALS Act May 23, 1952, § 1(b), repealed paragraph (59) of sec- tion 1 of act Oct. 31, 1951, ch. 654, 65 Stat. 703, which had previously repealed this section. 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. CONVERSION OF SURPLUS WATER AGREEMENTS Pub. L. 114–322, title I, § 1174, Dec. 16, 2016, 130 Stat. 1673, provided that: ‘‘For the purposes of section 6 of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose and provided for the complete payment of the actual in- vestment costs of storage to be used, and that purpose is no longer authorized as of the date of enactment of this section [Dec. 16, 2016], the Secretary [of the Army] shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same pay- ment terms incorporated in the agreement.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain personal property and func- tions 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 Depart- ment of the Air Force, see Secretary of Defense Trans- fer Order No. 39, eff. May 18, 1949, and 40 [App. B (98)], July 22, 1949. § 709. Regulations for use of storage waters; ap- plication to Tennessee Valley Authority 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 con- structed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accord- ance 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 De- partment of the Army. (Dec. 22, 1944, ch. 665, § 7, 58 Stat. 890; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. 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. § 709a. Information on floods and flood damage (a) Compilation and dissemination (1) In general In recognition of the increasing use and de- velopment of the flood plains of the rivers of the United States and of the need for informa- tion 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 agen- cies may take proper cognizance of flood haz- ards, 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 var- ious magnitudes and frequencies, identifica- tion of areas subject to floods due to accumu- lated snags and other debris, and general cri- teria 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, to avoid repetitive flooding impacts, to antici- pate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards. (2) Surveys and guides Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivi- sion thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and ap- proval. (3) Identification of assistance (A) In general To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and commu- nicate to States and non-Federal interests specific opportunities to partner with the Corps of Engineers to address flood hazards. (B) Coordination The Secretary shall coordinate activities under this paragraph with activities de- scribed in section 1962d–16 of title 42. (b) Flood prevention coordination The Secretary shall coordinate with the Ad- ministrator of the Federal Emergency Manage- ment 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 es- tablish and collect fees from Federal agencies