33 U.S.C. § 702h — Prosecution of project by Mississippi

Page 222 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702h 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 702h. Prosecution of project by Mississippi River Commission; president of commission; salaries The project herein authorized shall be pros- ecuted by the Mississippi River Commission under the direction of the Secretary of the Army and supervision of the Chief of Engineers and subject to the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. It shall perform such functions and through such agencies as they shall designate after consultation and dis- cussion with the president of the commission. For all other purposes the existing laws gov- erning the constitution and activities of the commission shall remain unchanged. The com- mission shall make inspection trips of such fre- quency and duration as will enable it to acquire first-hand information as to conditions and problems germane to the matter of flood control within the area of its jurisdiction; and on such trips of inspection ample opportunity for hear- ings and suggestions shall be afforded persons affected by or interested in such problems. The president of the commission shall be the execu- tive officer thereof and shall have the qualifica- tions prescribed by law on May 15, 1928, for the Assistant Chief of Engineers, shall have the title brigadier general, Corps of Engineers, and shall have the rank, pay, and allowances of a briga- dier general while actually assigned to such duty: Provided, That the incumbent of the office on May 15, 1928, may be appointed a brigadier general of the Army, retired, and shall be eligi- ble for the position of president of the commis- sion if recalled to active service by the Presi- dent under the provisions of existing law. The official salary of any officer of the United States Army or other branch of the Government appointed or employed under sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title shall be deducted from the amount of salary or compensation provided by, or which shall be fixed under, the terms of such sections. (May 15, 1928, ch. 569, § 8, 45 Stat. 537; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 106–53, title V, § 558, Aug. 17, 1999, 113 Stat. 354.) 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. The ‘‘project herein author- ized’’ was specifically authorized by section 702a of this title. CODIFICATION Provisions of the second paragraph, as amended by Pub. L. 106–53, that read: ‘‘The salary of the president of the Mississippi River Commission shall hereafter be $10,000 per annum, and the salary of the other members of the commission shall hereafter be $21,500 per annum.’’ were omitted as obsolete and superseded by the Classification Act of 1949, 63 Stat. 954, 972. The Clas- sification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chap- ter 51 and subchapter III of chapter 53 of Title 5, Gov- ernment Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. AMENDMENTS 1999—Pub. L. 106–53 amended provisions which were omitted from the second paragraph by substituting ‘‘$21,500’’ for ‘‘$7,500’’. See Codification note above. 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. § 702h–1. Transferred Editorial Notes CODIFICATION Section has been transferred to section 642a of this title. § 702i. Certain sections applicable to property and rights acquired or constructed The provisions of sections 407, 408, 411, 412, and 413 of this title are made applicable to all lands, waters, easements, and other property and rights acquired or constructed under the provi- sions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. (May 15, 1928, ch. 569, § 9, 45 Stat. 537.) § 702j. Projects relating to tributary streams; re- port to Congress; appropriation It is the sense of Congress that the surveys of the Mississippi River and its tributaries, author- ized pursuant to the Act of January 21, 1927 [ch. 47, 44 Stat. 1010], and House Document Num- bered 308, Sixty-ninth Congress, first session, be prosecuted as speedily as practicable, and the Secretary of the Army, through the Corps of En- gineers, United States Army, is directed to pre- pare and submit to Congress at the earliest practicable date projects for flood control on all tributary streams of the Mississippi River sys- tem subject to destructive floods which projects shall include: The Red River and tributaries, the Yazoo River and tributaries, the White River and tributaries, the Saint Francis River and tributaries, the Arkansas River and tributaries, the Ohio River and tributaries, the Missouri River and tributaries, and the Illinois River and tributaries; and the reports thereon, in addition to the surveys provided by said House Document 308, Sixty-ninth Congress, first session, shall in-