33 U.S.C. § 686 — Construction of restraining works in con-

Page 180 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 684 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. TRANSFER OF FUNCTIONS California Debris Commission abolished and func- tions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title. Executive Documents TRANSFER OF FUNCTIONS PERTAINING TO AIR FORCE For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949. § 684. Cooperation by commission with State au- thorities For the purpose of securing harmony of action and economy in expenditures in the work to be done by the United States and the State of Cali- fornia, respectively, the former in its plans for the improvement and protection of the navi- gable streams and to prevent the depositing of mining debris or other materials within the same, and the latter in its plans authorized by law for the reclamation, drainage, and protec- tion of its lands, or relating to the working of hydraulic mines, the said commission is empow- ered to consult thereon with a commission of engineers of said State, if authorized by said State for said purpose, the result of such con- ference to be reported to the Chief of Engineers of the United States Army, and if by him ap- proved shall be followed by said commission. (Mar. 1, 1893, ch. 183, § 24, 27 Stat. 511.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS California Debris Commission abolished and func- tions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title. § 685. Construction by commission of restraining works, etc.; use of debris fund Said commission, in order that such material as is now or may hereafter be lodged in the trib- utaries of the Sacramento and San Joaquin River systems resulting from mining operations, natural erosion, or other causes, shall be pre- vented from injuring the said navigable rivers or such of the tributaries of either as may be navi- gable and the land adjacent thereto, is directed and empowered, when appropriations are made therefor by law, or sufficient money is deposited for that purpose in said debris fund, to build at such points above the head of navigation in said rivers and on the main tributaries thereof, or branches of such tributaries, or any place adja- cent to the same, which in the judgment of said commission, will effect said object (the same to be of such material as will insure safety and per- manency), such restraining or impounding dams and settling reservoirs, with such canals, locks, or other works adapted and required to complete same. The recommendations contained in Exec- utive Document Numbered 267, Fifty-first Con- gress, second session, and Executive Document Numbered 98, Forty-seventh Congress, first ses- sion, as far as they refer to impounding dams, or other restraining works, are adopted, and the same are directed to be made the basis of oper- ations. (Mar. 1, 1893, ch. 183, § 25, 27 Stat. 511.) Editorial Notes REFERENCES IN TEXT Executive Document Numbered 267, referred to in text, contained a report by a board of engineers created by act Oct. 1, 1888, ch. 1057, 25 Stat. 498. Executive Document Numbered 98, referred to in text, contained a report of Lieut. Col. G. H. Mendell, Corps of Engineers, U.S.A., dated Jan. 26, 1882, prepared pur- suant to a provision in act June 14, 1880, ch. 211, 21 Stat. 196. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS California Debris Commission abolished and func- tions transferred to Secretary of the Army by Pub. L. 99–662, title XI, § 1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title. § 686. Construction of restraining works in con- junction with State The Secretary of the Army, in expending ap- propriations in the preparation for and con- struction of works for the restraining or im- pounding of mining debris in the State of Cali- fornia, is authorized to enter into an agreement that the contractor shall look solely to the State of California for one-half of such expense, to be paid out of said State’s appropriation, and the United States shall in nowise be liable for said one-half. The Secretary of the Army, in carrying out the provisions of any Act of Congress, providing for the restraining or impounding of mining de- bris in California, may, in his discretion, when in his judgment the aggregate of appropriations already made by said State and Congress and available therefor are sufficient to complete the same, undertake the works necessary thereto by hired labor and by purchase of supplies and ma- terials therefor, and may accept payments on account thereof as the work progresses under and according to the provisions of the acts of the legislature of said State for such purposes. (July 1, 1898, ch. 546, § 1, 30 Stat. 631; Mar. 3, 1899, ch. 425, § 1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section was enacted as part of act Mar. 3, 1899, popu- larly known as the ‘‘Rivers and Harbors Appropriation Page 181 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 687 Act of 1899’’, and not as part of act Mar. 1, 1893, ch. 183, 27 Stat. 507, which comprises this chapter. As originally enacted the first paragraph read as fol- lows: ‘‘The provisions of an Act of Congress, entitled ‘An Act making appropriations for sundry civil ex- penses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes,’ approved July first, eighteen hun- dred and ninety-eight, authorizing the Secretary of War, in expending certain specified appropriations in the preparation for and construction of certain works for the restraining or impounding of mining debris in the State of California, to enter into a contract or con- tracts wherein the contractor or contractors shall look solely to that State for one-half of such expense, and that the United States shall in no wise be liable for said one-half, are hereby extended to any appropria- tions, when made, that may hereafter be made for said purposes.’’ Act July 1, 1898 authorized Secretary of War, in con- tracting for construction of certain proposed works, to enter into an agreement that contractor should look solely to California for half of expenses. 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. § 687. Use of State dredge and appliances in river and harbor improvements The Secretary of the Army is authorized to ac- cept from the State of California the use of any dredger, or appliances owned or controlled by said State, conformably to any offer thereof by the said State; and the Secretary of the Army is authorized to use any such dredger or appliances in any river or harbor improvement that may be prosecuted therein by the United States, either on the part of the United States alone or con- jointly with said State: Provided, That nothing shall be paid to the State of California for the use of said dredger, and that nothing herein con- tained shall create any liability against the United States. (Mar. 3, 1899, ch. 425, § 1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section was enacted as part of act Mar. 3, 1899, popu- larly known as the ‘‘Rivers and Harbors Appropriation Act of 1899’’, and not as part of act Mar. 1, 1893, ch. 183, 27 Stat. 507, which comprises this chapter. 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. CHAPTER 15—FLOOD CONTROL 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 Fed- eral investigations. 701b. Supervision of Secretary of the Army; rec- lamation 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 ap- propriations. 701b–4. Administration of surveys; number author- ized; 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 in- cident to operation of power boats or ves- sels; expenses defined; certification of ex- penditures. 701b–10. Omitted. 701b–11. Flood protection projects. 701b–12. Floodplain management requirements. 701b–13. Repealed. 701b–14. Structural integrity evaluations. 701b–15. Non-Federal plans to provide additional flood risk reduction. 701b–16. Management of flood risk reduction projects. 701b–17. Corps of Engineers Western Water Coopera- tive Committee. 701c. Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and oper- ation; protection of United States from li- ability 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; reim- bursement 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 Con- gress. 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 reg- ular annual appropriation. 701f–3. Expenditure in watersheds of funds appro- priated for flood prevention purposes. 701g. Removal of obstructions; clearing channels. 701h. Contributions by States, political subdivi- sions, and other non-Federal interests. 701h–1. Contributions by States and political subdivi- sions for immediate use on authorized flood-control work; repayment. 701h–2. No adverse effect on processes. 701h–3. State contribution of funds for certain oper- ation and maintenance costs. 701h–4. Acceptance of funds for harbor dredging. 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.