Title 33Navigation and Navigable WatersRelease 119-73

§701m Insufficient Congressional authorization; preparations for and modification of project

Title 33 › Chapter CHAPTER 15— - FLOOD CONTROL › § 701m

Last updated Apr 6, 2026|Official source

Summary

Chief of Engineers may spend money to start a project when Congress' authorization is not enough. Preparations can include buying land and rights and moving or clearing roads, railroads, utilities, towns, cemeteries, and houses. He may also make a dam or work smaller so it can be finished within the authorization, if placed so it can be enlarged later for flood control, navigation, reclamation, hydroelectric power, and pollution abatement.

Full Legal Text

Title 33, §701m

Navigation and Navigable Waters — Source: USLM XML via OLRC

In any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-of-way; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the construction of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a useful improvement within an authorization: Provided, That the smaller structure shall be located on the chosen site so that it will be feasible at some future time to enlarge the work in order to permit the full utilization of the site for all purposes of conservation such as flood control, navigation, reclamation, the development of hydroelectric power, and the abatement of pollution.

Reference

Citations & Metadata

Citation

33 U.S.C. § 701m

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73