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

Summary

The Department of the Army must carry out federal studies and flood-control work on rivers and waterways, led by the Secretary of the Army and supervised by the Chief of Engineers, unless Congress says otherwise. When reporting on surveys, the Secretary must follow the flood-control principles in section 701a to decide federal interests. This does not stop the Interior Department’s Bureau of Reclamation from doing river work tied to reclamation projects that are authorized by law.

Title 33, §701b

Navigation and Navigable Waters — Source: USLM XML via OLRC

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 Engineers, 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 principles 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.

Notes & Related Subsidiaries

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1954—Act Aug. 4, 1954, repealed provisions conferring authority on the Department of Agriculture under the direction of the Secretary of Agriculture to make preliminary examinations and surveys and to prosecute works of improvement for runoff and waterflow retardation and soil erosion prevention on the watersheds of rivers and other waterways. 1941—Act Aug. 18, 1941, reenacted without change portion of section preceding semicolon. 1938—Act June 28, 1938, reenacted without change portion 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 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July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.

Savings Provision

Act Aug. 4, 1954, ch. 656, § 7, 68 Stat. 668, which amended 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 undertake 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 affected 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 analysis 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 appropriate.

§701b Supervision of Secretary of the Army; Reclamation Projects Unaffected