33 U.S.C. § 701a — Declaration of policy of 1936 act

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 beneficial con- sumptive use, present or future, in States lying wholly or partly west of the ninety-eighth me- ridian, of such waters for domestic, municipal, stock water, irrigation, mining, or industrial purposes. (c) The Secretary of the Interior, in making investigations of and reports on works for irri- gation and purposes incidental thereto shall, in relation to an affected State or States (as de- fined in paragraph (a) of this section), and to the Secretary of the Army, be subject to the same provisions regarding investigations, plans, pro- posals, and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of the Army. In the event a sub- mission of views and recommendations, made by an affected State or by the Secretary of the Army pursuant to said provisions, sets forth ob- jections to the plans or proposals covered by the report of the Secretary of the Interior, the pro- posed works shall not be deemed authorized ex- cept upon approval by an Act of Congress; and section 485h(a) of title 43 and section 590z–1(a) of title 16 are amended accordingly. (Dec. 22, 1944, ch. 665, § 1, 58 Stat. 887; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–303, title II, § 223, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 114–322, title I, § 1136(a), Dec. 16, 2016, 130 Stat. 1656.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–322 inserted ‘‘and shall be made publicly available’’ after ‘‘House or Senate document’’. 1996—Par. (a). Pub. L. 104–303 substituted ‘‘Within 30 days’’ for ‘‘Within ninety days’’ and ‘‘30-day period’’ for ‘‘ninety-day period’’. 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. APPLICABILITY OF SECTION TO PROJECTS AUTHORIZED BY FLOOD CONTROL ACTS Pub. L. 90–483, title II, § 202, Aug. 13, 1968, 82 Stat. 739, provided that: ‘‘The provisions of section 1 of the Act of December 22, 1944 (Public Law Numbered 534, Sev- enty-eighth Congress, second session) [this section], shall govern with respect to projects authorized in this Act [Pub. L. 90–483], and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full.’’ Similar provisions were contained in the following prior acts: Nov. 7, 1966, Pub. L. 89–789, title II, § 202, 80 Stat. 1418. Oct. 27, 1965, Pub. L. 89–298, title II, § 203, 79 Stat. 1074. Sept. 3, 1954, ch. 1264, title II, § 202, 68 Stat. 1256. May 17, 1950, ch. 188, title II, § 202, 64 Stat. 170. GLENDO UNIT, WYOMING, MISSOURI RIVER BASIN PROJECT Joint Res. July 16, 1954, ch. 532, § 2, 68 Stat. 486, pro- vided, with respect to the Glendo unit (dam and res- ervoir), Missouri River Basin Project, at the Glendo site on the North Platte River in Wyoming, for waiver of the provisions of subsec. (c) of this section. Section 1 of the Joint Resolution provided for the construction and operation of such unit by the Secretary of the Inte- rior. 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. § 701a. Declaration of policy of 1936 act It is recognized that destructive floods upon the rivers of the United States, upsetting or- derly processes and causing loss of life and prop- erty, including the erosion of lands, and impair- ing and obstructing navigation, highways, rail- roads, and other channels of commerce between the States, constitute a menace to national wel- fare; 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 sub- divisions, and localities thereof; that investiga- tions and improvements of rivers and other wa- terways, including watersheds thereof, for flood- control purposes are in the interest of the gen- eral welfare; that the Federal Government should improve or participate in the improve- Page 185 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701b ment 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. (June 22, 1936, ch. 688, § 1, 49 Stat. 1570.) § 701a–1. ‘‘Flood control’’ defined; jurisdiction of Federal investigations The words ‘‘flood control’’ as used in section 701a of this title, 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 pur- poses 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 pros- ecuted by the Department of Agriculture under the direction of the Secretary of Agriculture, except as otherwise provided by Act of Congress. (Dec. 22, 1944, ch. 665, § 2, 58 Stat. 889; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 99–662, title IV, § 403, Nov. 17, 1986, 100 Stat. 4133.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–662 inserted ‘‘and flood prevention improvements for protection from groundwater-in- duced damages’’ after ‘‘drainage improvements’’. 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. SAVINGS PROVISION Authority of Secretary of Agriculture under this sec- tion as unaffected by repeal of Secretary’s authority under section 701b of this title, see section 7 of act Aug. 4, 1954, set out as a note under section 701b of this title. 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. § 701b. Supervision of Secretary of the Army; rec- lamation projects unaffected 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 En- gineers, 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 prin- ciples set forth in section 701a of this title 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. (June 22, 1936, ch. 688, § 2, 49 Stat. 1570; June 28, 1938, ch. 795, § 1, 52 Stat. 1215; Aug. 18, 1941, ch. 377, § 1, 55 Stat. 638; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Aug. 4, 1954, ch. 656, § 7, 68 Stat. 668.) Editorial Notes AMENDMENTS 1954—Act Aug. 4, 1954, repealed provisions conferring authority on the Department of Agriculture under the direction of the Secretary of Agriculture to make pre- liminary examinations and surveys and to prosecute works of improvement for runoff and waterflow retar- dation and soil erosion prevention on the watersheds of rivers and other waterways. 1941—Act Aug. 18, 1941, reenacted without change por- tion of section preceding semicolon. 1938—Act June 28, 1938, reenacted without change por- tion of section preceding semicolon. 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. SAVINGS PROVISION Act Aug. 4, 1954, ch. 656, § 7, 68 Stat. 668, which amend- ed this section by repealing provisions relating to the Department of Agriculture, provided in part that: ‘‘(a) the authority of that Department of Agriculture, under the direction of the Secretary, to prosecute the works of improvement for runoff and waterflow retardation and soil erosion prevention authorized to be carried out by the Department by the act of December 22, 1944 (58 Stat. 887), as amended [section 701a–1 of this title], and (b) the authority of the Secretary of Agriculture to un- dertake emergency measures for runoff retardation and soil erosion prevention authorized to be carried out by section 7 of the act of June 28, 1938 (52 Stat. 1215), as amended by section 216 of the act of May 17, 1950 (64 Stat. 163) [section 701b–1 of this title], shall not be af- fected by the provisions of this section.’’ RISK-BASED ANALYSIS METHODOLOGY Pub. L. 104–303, title II, § 202(h), Oct. 12, 1996, 110 Stat. 3676, required the Secretary to enter into an agreement with the National Academy of Sciences to conduct a study of the Corps of Engineers’ use of risk-based anal- ysis for the evaluation of hydrology, hydraulics, and economics in flood damage reduction studies and, not later than 18 months after Oct. 12, 1996, to submit to Congress a report on the results of the study as well as such recommendations as the Secretary considered ap- propriate.