§701 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Treat flood-control work like river and harbor work when the same rules fit. Money for flood-control projects must be spent under the same rules that govern river and harbor improvements. All flood-control studies must look at the whole watershed and report practical facts about the area affected, the likely effect on navigable waters, possible use of water power, and other uses linked to the project. Department heads can send staff to help the Army Engineers, and must do so if the Secretary of the Army asks, to avoid duplicating work and to save money. The Chief of Engineers must send preliminary study reports, the Board of Engineers for Rivers and Harbors’ report, and any other department reports to the Secretary of the Army. The Secretary then sends them to the House of Representatives for printing. When the Board reviews a flood-control project, it must say what federal interest is involved, what share of the cost the United States should pay, and whether the project is advisable.

Title 33, §701

Navigation and Navigable Waters — Source: USLM XML via OLRC

[Laws applicable to works of improvement relating to flood control.] All the provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, so far as applicable, to examinations and surveys and to works of improvement relating to flood control. And all expenditures of funds appropriated for works and projects relating to flood control shall be made in accordance with and subject to the law governing the disbursement and expenditure of funds appropriated for the improvement of rivers and harbors. [Examinations and surveys; details from Government departments; reports.] All examinations and surveys of projects relating to flood control shall include a comprehensive study of the watershed or watersheds, and the report thereon in addition to any other matter upon which a report is required shall give such data as it may be practicable to secure in regard to (a) the extent and character of the area to be affected by the proposed improvement; (b) the probable effect upon any navigable water or waterway; (c) the possible economical development and utilization of water power; and (d) such other uses as may be properly related to or coordinated with the project. And the heads of the several departments of the Government may, in their discretion, and shall upon the request of the Secretary of the Army, detail representatives from their respective departments to assist the Engineers of the Army in the study and examination of such watersheds, to the end that duplication of work may be avoided and the various services of the Government economically coordinated therein: Provided, That all reports on preliminary examinations hereafter authorized, together with the report of the Board of Engineers for Rivers and Harbors thereon and the separate report of the representative of any other department, shall be submitted to the Secretary of the Army by the Chief of Engineers, with his recommendations, and shall be transmitted by the Secretary of the Army to the House of Representatives, and are ordered to be printed when so made. [Reports by Board of Engineers for Rivers and Harbors.] In the consideration of all works and projects relating to flood control which may be submitted to the Board of Engineers for Rivers and Harbors for consideration and recommendation, said board shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) what Federal interest, if any, is involved in the proposed improvement; (b) what share of the expense, if any, should be borne by the United States; and (c) the advisability of adopting the project.

Notes & Related Subsidiaries

Editorial Notes

Codification section 1 and 2 of act Mar. 1, 1917, are classified to section 702 and 703 of this title. section 4 amended section 643 of this title. See section 702h of this title.

Amendments

1994—Pub. L. 103–437 struck out par. at end which read as follows: “All examinations and reports which may now be made by the Board of Engineers for Rivers and Harbors upon request of the Committee on Rivers and Harbors relating to works or projects of navigation shall in like manner be made upon request of the Committee on Flood Control on all works and projects relating to flood control.”

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title.

Executive Documents

Floodplain ManagementFor provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health, and welfare, and the management of floodplains, see Ex. Ord. No. 11988,

May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, The Public Health and Welfare. Executive Order No. 11296 Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as amended by Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, which related to the evaluation of flood hazard in locating federally owned or financed buildings, roads, and other facilities, and in disposing of federal lands and properties, was revoked by Ex. Ord. No. 11988,

May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

§701 Flood Control Generally