33 U.S.C. § 701b — Supervision of Secretary of the Army; rec-

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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. Page 186 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701b–1 § 701b–1. Transfer of jurisdiction in certain cases to Department of Agriculture In order to effectuate the policy declared in sections 701a and 701b of this title, and to cor- relate the program for the improvement of riv- ers and other waterways by the Department of the Army with the program for the improve- ment of watersheds by the Department of Agri- culture, works of improvement for measures of run-off and water-flow retardation and soil-ero- sion prevention on the watersheds of waterways, for which works of improvement for the benefit of navigation and the control of destructive floodwaters and other provisions have been adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, are au- thorized to be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture and in accordance with plans ap- proved by him. The Secretary of Agriculture is authorized in his discretion to undertake such emergency measures for run-off retardation and soil-erosion prevention as may be needed to safeguard lives and property from floods and the products of erosion on any watershed whenever fire or any other natural element or force has caused a sudden impairment of that watershed: Provided, That not to exceed $300,000 out of any funds heretofore or hereafter appropriated for the prosecution by the Secretary of Agriculture of works of improvement or measures for run-off and water-flow retardation and soil-erosion pre- vention on watersheds may be expended during any one fiscal year for such emergency meas- ures. For prosecuting said work and measures there is authorized to be appropriated the sum of $10,000,000 to be expended at the rate of $2,000,000 per annum during the five-year period ending June 30, 1944: Provided, That such works and measures which are herein authorized to be prosecuted by the Department of Agriculture may be carried out on the watersheds of the Rio Grande and Pecos Rivers subject to the proviso in section 701b of this title. (June 28, 1938, ch. 795, § 7, 52 Stat. 1225; Dec. 22, 1944, ch. 665, § 15, 58 Stat. 907; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; May 17, 1950, ch. 188, title II, § 216, 64 Stat. 184.) Editorial Notes AMENDMENTS 1950—Act May 17, 1950, substituted ‘‘$300,000’’ for ‘‘$100,000’’. 1944—Act Dec. 22, 1944, inserted provisions author- izing Secretary of Agriculture to undertake emergency work and limiting amount of annual expenditures for such work. 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–2. Cooperation by Secretaries of the Army and Agriculture; expenditures In carrying out the purposes of the Act of June 22, 1936 (49 Stat. 1570), as amended and sup- plemented, the Secretary of the Army and the Secretary of Agriculture are authorized to co- operate with institutions, organizations, and in- dividuals, and to utilize the services of Federal, State, and other public agencies, and to pay by check to the cooperating public agency, either in advance or upon the furnishing or perform- ance of said services, all or part of the estimated or actual cost thereof; and to make expenditures for personal services and rent in the District of Columbia and elsewhere, for purchase of ref- erence and law books and periodicals, for print- ing and binding, for the purchase, exchange, op- eration, and maintenance of motor-propelled passenger-carrying vehicles and motorboats for official use, and for other necessary expenses. The provisions of this section shall be applicable to any funds heretofore appropriated for the prosecution by the Secretary of Agriculture of works of improvement for measures of run-off and water-flow retardation and soil-erosion pre- vention upon watersheds. (June 28, 1938, ch. 795, § 5, 52 Stat. 1223; Aug. 18, 1941, ch. 377, § 8, 55 Stat. 650; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes REFERENCES IN TEXT Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, popularly known as the Flood Con- trol Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1941—Act Aug. 18, 1941, changed the reference near the beginning of section and inserted sentence at end. 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 Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain ex-