33 U.S.C. § 702 — Mississippi River

Page 211 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702 to be protected by projects so authorized’’ before ‘‘which come within the provisions of section 701a of this title’’, and substituted ‘‘$400,000’’ for ‘‘$150,000’’. 1950—Act May 17, 1950, substituted ‘‘$3,000,000’’ for ‘‘$2,000,000’’ and ‘‘$150,000’’ for ‘‘$100,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–140, § 2(b), Dec. 29, 1981, 95 Stat. 1717, pro- vided that: ‘‘The amendment made by this section [amending this section] shall not apply to any project under contract for construction on the date of enact- ment of this Act [Dec. 29, 1981].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–587 not applicable to any project under contract for construction on Oct. 22, 1976, see section 133(c) of Pub. L. 94–587, set out as a note under section 577 of this title. ICE JAM PREVENTION AND MITIGATION Pub. L. 114–322, title I, § 1150, Dec. 16, 2016, 130 Stat. 1661, as amended by Pub. L. 115–270, title I, § 1131, Oct. 23, 2018, 132 Stat. 3780, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army] may carry out projects under section 205 of the Flood Con- trol Act of 1948 (33 U.S.C. 701s), including planning, de- sign, construction, and monitoring of structural and nonstructural technologies and measures, for pre- venting and mitigating flood damages associated with ice jams. ‘‘(b) INCLUSION.—The projects described in subsection (a) may include the development and demonstration of cost-effective technologies and designs developed in consultation with— ‘‘(1) the Cold Regions Research and Engineering Laboratory of the Corps of Engineers; ‘‘(2) universities; ‘‘(3) Federal, State, and local agencies; and ‘‘(4) private organizations. ‘‘(c) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall identify and carry out not fewer than 20 projects under this sec- tion to demonstrate technologies and designs devel- oped in accordance with this section. ‘‘(2) PROJECT SELECTION.—The Secretary shall— ‘‘(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri River Basin and the Northeast; and ‘‘(B) select not fewer than one project to be car- ried out on a reservation (as defined in section 3 of the Indian Financing Act of 1974 [25 U.S.C. 1452]) that serves more than one Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304]).’’ § 701t. Emergency fund for flood damage; amount; commitments to be fulfilled by local interests The sum of $25,000,000 is authorized to be ap- propriated as an emergency fund to be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engi- neers for the repair, restoration, and strength- ening of levees and other flood control works which have been threatened or destroyed by re- cent floods, or which may be threatened or de- stroyed by later floods, including the raising, extending, or other modification of such works as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the works for flood control: Provided, That local interests shall provide without cost to the United States all lands, easements, and rights of way necessary for the work and shall maintain and operate all the works after completion in a manner satisfactory to the Chief of Engineers: Provided further, That pending the appropriation of said sum, the Secretary of the Army may allot from existing flood-control appropriations such sums as may be necessary for the imme- diate prosecution of the work authorized by this section, such appropriations to be reimbursed from said emergency fund when appropriated: And provided further, That funds allotted under this authority shall not be diverted from the un- obligated funds from the appropriation ‘‘Flood control, general’’, made available in War De- partment Civil Functions Appropriation Acts for specific purposes. (June 30, 1948, ch. 771, title II, § 208, 62 Stat. 1182.) § 701u. International engineering or scientific conferences; attendance The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control or rivers and harbors, funds for payment of expenses of rep- resentatives of the Corps of Engineers engaged on flood control and river and harbor work to international engineering or scientific con- ferences to be held outside the United States: Provided, That not more than ten representa- tives of the Corps of Engineers shall attend any one conference. (May 17, 1950, ch. 188, title II, § 211, 64 Stat. 183; Pub. L. 104–303, title II, § 222, Oct. 12, 1996, 110 Stat. 3697.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–303 substituted ‘‘outside the United States’’ for ‘‘outside the continental limits of the United States’’ and struck out before period at end ‘‘: And provided further, That not more than $25,000 shall be allotted during any one fiscal year for this pur- pose’’. § 702. Mississippi River [AUTHORIZATION OF FLOOD-CONTROL WORK.] For controlling the floods of the Mississippi River and continuing its improvement from the Head of the Passes to the mouth of the Ohio River the Secretary of the Army is empowered, author- ized, and directed to carry on continuously, by hired labor or otherwise, the plans of the Mis- sissippi River Commission, prior to March 3, 1923, or thereafter adopted, to be paid for as ap- propriations may from time to time be made by law. [ALLOTMENTS FOR IMPROVEMENT OF WATER- COURSES CONNECTED WITH MISSISSIPPI RIVER.] The watercourses connected with the Mississippi River to such extent as may be necessary to ex- clude the flood waters from the upper limits of any delta basin, together with the Ohio River from its mouth to the mouth of the Cache River, may, in the discretion of said commission, re- Page 212 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702a ceive allotments for improvements under way March 1, 1917, or thereafter to be undertaken. [MAINTENANCE OF LEVEES CONSTRUCTED FOR FLOOD CONTROL.] Upon the completion of any levee constructed for flood control under au- thority of this section, said levee shall be turned over to the levee district protected thereby for maintenance thereafter; but for all other pur- poses the United States shall retain such control over the same as it may have the right to exer- cise upon such completion. (Mar. 1, 1917, ch. 144, § 1, 39 Stat. 948; Mar. 4, 1923, ch. 277, 42 Stat. 1505; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Last clause of first paragraph was originally limited to appropriations made for a period of six years begin- ning July 1, 1924. The portion of the first paragraph providing ‘‘and a sum not to exceed $10,000,000 annually is hereby author- ized to be appropriated for that purpose, for a period of six years beginning July 1, 1924’’ together with the fourth paragraph, relating to expenditures for improve- ments between Head of Passes and Rock Island, were from act Mar. 4, 1923, which superseded provisions on the same subjects contained in act Mar. 1, 1917, from which the rest of the section was derived, and were omitted as executed. Sections 2 and 3 of act Mar. 1, 1917, are classified to sections 703 and 701, respectively, of this title, and sec- tion 4 of act Mar. 1, 1917, amended section 643 of this title. 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. § 702a. Adoption of 1927 project; execution; cre- ation of board; scope of authority; appropria- tion The project for the flood control of the Mis- sissippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the en- gineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of the Army dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session, is adopted and authorized to be prosecuted under the direc- tion of the Secretary of the Army and the super- vision of the Chief of Engineers: Provided, That a board to consist of the Chief of Engineers, the president of the Mississippi River Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the ad- vice and consent of the Senate, whose compensa- tion shall be fixed by the President and be paid out of the appropriations made to carry on this project, is created; and such board is authorized and directed to consider the engineering dif- ferences between the adopted project and the plans recommended by the Mississippi River Commission in its special report dated Novem- ber 28, 1927, and after such study and such fur- ther surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to such engi- neering differences and the decision of the Presi- dent upon all recommendations or questions submitted to him by such board shall be fol- lowed in carrying out the project herein adopt- ed. The board shall not have any power or au- thority in respect to such project except as here- inbefore provided. Such project and the changes therein, if any, shall be executed in accordance with the provisions of section 702h of this title. Such surveys shall be made between Baton Rouge, Louisiana, and Cape Girardeau, Missouri, as the board may deem necessary to enable it to ascertain and determine the best method of se- curing flood relief in addition to levees, before any flood-control works other than levees and revetments are undertaken on that portion of the river: Provided, That all diversion works and outlets constructed under the provisions of sec- tions 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m and 704 of this title shall be built in a manner and of a character which will fully and amply protect the adjacent lands: Pro- vided further, That pending completion of any floodway, spillway, or diversion channel, the areas within the same shall be given the same degree of protection as is afforded by levees on the west side of the river contiguous to the levee at the head of said floodway, but nothing herein shall prevent, postpone, delay, or in anywise interfere with the execution of that part of the project on the east side of the river, including raising, strengthening, and enlarging the levees on the east side of the river. The sum of $325,000,000 is authorized to be appropriated for this purpose. All unexpended balances of appropriations prior to May 15, 1928, made for prosecuting work of flood control on the Mississippi River in ac- cordance with the provisions of section 702 of this title, are made available for expenditure under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, and 702m of this title. (May 15, 1928, ch. 569, § 1, 45 Stat. 534; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, which enacted sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete classification of this Act to the Code, see Tables. 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