§702h — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Mississippi River Commission must carry out the project under the Secretary of the Army’s direction and the Chief of Engineers’ supervision, and it must follow the rules in sections 702a, 702b–702d, 702e–702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704. The commission will use whatever agencies it picks after talking with its president. Other laws about how the commission is set up stay the same. The commission must take inspection trips often enough to learn about flood-control problems in its area and must give people affected a chance to be heard. The commission’s president is the executive officer, must meet the qualifications the Assistant Chief of Engineers had on May 15, 1928, and holds the title and pay of a brigadier general, Corps of Engineers, while on duty. The person holding the office on May 15, 1928 may be named a retired brigadier general and can serve if called back to active duty. Any Army or other federal officer paid under the listed sections will have their official salary deducted from the pay set by those sections.

Title 33, §702h

Navigation and Navigable Waters — Source: USLM XML via OLRC

The project herein authorized shall be prosecuted by the Mississippi River Commission under the direction of the Secretary of the Army and supervision of the Chief of Engineers and subject to the provisions of section 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. It shall perform such functions and through such agencies as they shall designate after consultation and discussion with the president of the commission. For all other purposes the existing laws governing the constitution and activities of the commission shall remain unchanged. The commission shall make inspection trips of such frequency and duration as will enable it to acquire first-hand information as to conditions and problems germane to the matter of flood control within the area of its jurisdiction; and on such trips of inspection ample opportunity for hearings and suggestions shall be afforded persons affected by or interested in such problems. The president of the commission shall be the executive officer thereof and shall have the qualifications prescribed by law on May 15, 1928, for the Assistant Chief of Engineers, shall have the title brigadier general, Corps of Engineers, and shall have the rank, pay, and allowances of a brigadier general while actually assigned to such duty: Provided, That the incumbent of the office on May 15, 1928, may be appointed a brigadier general of the Army, retired, and shall be eligible for the position of president of the commission if recalled to active service by the President under the provisions of existing law. The official salary of any officer of the United States Army or other branch of the Government appointed or employed under section 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title shall be deducted from the amount of salary or compensation provided by, or which shall be fixed under, the terms of such sections.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, which enacted section 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete classification of this Act to the Code, see Tables. The “project herein authorized” was specifically authorized by section 702a of this title. Codification Provisions of the second paragraph, as amended by Pub. L. 106–53, that read: “The salary of the president of the Mississippi River Commission shall hereafter be $10,000 per annum, and the salary of the other members of the commission shall hereafter be $21,500 per annum.” were omitted as obsolete and superseded by the Classification Act of 1949, 63 Stat. 954, 972. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.

Amendments

1999—Pub. L. 106–53 amended provisions which were omitted from the second paragraph by substituting “$21,500” for “$7,500”. See Codification note above.

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.

§702h Prosecution of Project by Mississippi River Commission; President of Commission; Salaries