Title 33, Navigation and Navigable WatersRelease 119-102

§701m Insufficient Congressional Authorization; Preparations for and Modification of Project

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

Last updated Aug 21, 2026|Official source

Summary

The Chief of Engineers may plan and spend money to get any project Congress has approved or will approve ready, even when the project's total authorization is not enough to finish the full plans. Preparations can include buying land and rights, moving or adjusting roads, rail lines, and utilities, removing towns, cemeteries, and homes from reservoir sites, and building foundations. He may also choose to make an authorized dam or other work smaller so it can be completed with the available authorization. The smaller structure must be placed so it can be enlarged later to allow full use of the site for flood control, navigation, reclamation, hydroelectric power, and pollution cleanup.

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 33, Navigation and Navigable Waters

Last Updated

Aug 21, 2026

Release point: 119-102