33 U.S.C. § 701b–1: Transfer of jurisdiction…

Summary

Lets the Department of Agriculture carry out watershed improvement projects that were earlier approved for the Army. These projects include slowing runoff, controlling water flow, and preventing soil erosion. The Secretary of Agriculture must approve the plans and run the work. He may also choose to take emergency steps to slow runoff and stop erosion when fire or another natural event suddenly harms a watershed, to protect lives and property. No more than $300,000 in any one fiscal year of the money for these projects may be used for such emergency work. Up to $10,000,000 is authorized for the program, to be spent at $2,000,000 per year over the five years ending June 30, 1944. Work may include the Rio Grande and Pecos watersheds, subject to a related proviso in an earlier provision.

Title 33, §701b–1

Navigation and Navigable Waters, Source: USLM XML via OLRC

In order to effectuate the policy declared in section 701a and 701b of this title, and to correlate the program for the improvement of rivers and other waterways by the Department of the Army with the program for the improvement of watersheds by the Department of Agriculture, works of improvement for measures of run-off and water-flow retardation and soil-erosion 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 authorized to be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture and in accordance with plans approved 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 prevention on watersheds may be expended during any one fiscal year for such emergency measures. 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1950—Act May 17, 1950, substituted “$300,000” for “$100,000”. 1944—Act Dec. 22, 1944, inserted provisions authorizing 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 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

Authority of Secretary of Agriculture under this section 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 ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

§701b–1 Transfer of Jurisdiction in Certain Cases to Department of Agriculture