-CITE- 33 USC CHAPTER 15 - FLOOD CONTROL 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- CHAPTER 15 - FLOOD CONTROL -MISC1- Sec. 701. Flood control generally. 701-1. Declaration of policy of 1944 act. 701a. Declaration of policy of 1936 act. 701a-1. "Flood control" defined; jurisdiction of Federal investigations. 701b. Supervision of Secretary of the Army; reclamation projects unaffected. 701b-1. Transfer of jurisdiction in certain cases to Department of Agriculture. 701b-2. Cooperation by Secretaries of the Army and Agriculture; expenditures. 701b-3. Examinations and surveys; availability of appropriations. 701b-4. Administration of surveys; number authorized; reports. 701b-5. Omitted. 701b-6. Examinations and surveys by Secretary of Agriculture. 701b-7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee. 701b-8. Submission of report by Chief of Engineers. 701b-8a. Discontinuance of preliminary examination reports. 701b-9. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures. 701b-10. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation. 701b-11. Flood protection projects. (a) General considerations; nonstructural alternatives. (b) Non-Federal participation through nonstructural alternatives; limitation. 701b-12. Floodplain management requirements. (a) Compliance with floodplain management and insurance programs. (b) Floodplain management plans. (c) Guidelines. (d) Technical support. 701b-13. Construction of flood control projects by non-Federal interests. (a) Authority. (b) Studies and design activities. (c) Completion of studies and design activities. (d) Authority to carry out improvement. (e) Reimbursement. (f) Specific projects. (g) Treatment of flood damage prevention measures. 701c. Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to run-off and water-flow retardation and soil erosion prevention assistance. 701c-1. Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies. 701c-2. Acquisition and sale of land. 701c-3. Lease receipts; payment of portion to States. 701d. Compacts between States; consent of Congress. 701e. Effect of act June 22, 1936, on provisions for Mississippi River and other projects. 701f. Authorization of appropriations. 701f-1. Additional authorization. 701f-2. Funds for specific and authorized projects merged with and accounted for under regular annual appropriation. 701f-3. Expenditure in watersheds of funds appropriated for flood prevention purposes. 701g. Removal of obstructions; clearing channels. 701h. Contributions by States and political subdivisions. 701h-1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment. 701i. Elimination from protection of areas subject to evacuation. 701j. Installation in dams of facilities for future development of hydroelectric power. 701k. Crediting reimbursements for lost, stolen, or damaged property. 701l, 701l-1. Repealed. 701m. Insufficient Congressional authorization; preparations for and modification of project. 701n. Emergency response to natural disasters. (a) Emergency fund. (b) Emergency supplies of drinking water; drought; well construction and water transportation. (c) Levee owners manual. 701o. Omitted. 701p. Railroad bridge alterations at Federal expense. 701q. Repair and protection of highways, railroads, and utilities damaged by operation of dams or reservoir. 701r. Protection of highways, bridge approaches, public works, and nonprofit public services. 701r-1. Utilization of public roads. (a) Definitions. (b) Improvement, reconstruction, and maintenance. (c) Replacement roads; construction to higher standards. 701s. Small flood control projects; appropriations; amount limitation for single locality; conditions. 701t. Emergency fund for flood damage; amount; commitments to be fulfilled by local interests. 701u. International engineering or scientific conferences; attendance. 702. Mississippi River. 702a. Adoption of 1927 project; execution; creation of board; scope of authority; appropriation. 702a-1. Modification of project of 1927; adoption. 702a-1 1/2 .Further modification of 1927 project; adoption; appropriation. 702a-1 3/4 .Further modification; adoption. 702a-2. Abandonment of Boeuf Floodway. 702a-3. Levees; raising and enlarging. 702a-4. Fuse-plug levees. 702a-5. Back levee north of Eudora Floodway. 702a-6. Drainage necessitated by floodway levees. 702a-7. Railroad and highway crossings over floodways. 702a-8. Additional roads; construction by United States. 702a-9. Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages. 702a-10. Flowage rights and rights-of-way; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges. 702a-11. Morganza Floodway; Eudora Floodway. 702a-12. Modified Lower Mississippi River project as of August 18, 1941. (a) Alluvial valley, Mississippi River; Yazoo Basin levees; abandonment of Boeuf and Eudora Floodways and Northward Extension. (b) Yazoo River project. (c) Tensas-Cocodrie backwater area. (d) Reimbursement of local authorities for certain expenses. (e) Saint Francis River. (f) Bayou Rapides, Boeuf, and Cocodrie, Louisiana, improvements. (g) Increased authorizations for alluvial valley, Mississippi River. 702b. Local contribution toward cost of flood control work. 702c. Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights. 702d. Flowage rights; condemnation proceedings; benefits to property. 702d-1. Bonnet Carre Spillway and Floodway; rights-of-way, etc., over lands. 702e. Maps for project; preparation. 702f. Expenditures for earlier projects. 702g. Appropriation for emergency fund. 702g-1. Additional appropriation for emergency fund. 702h. Prosecution of project by Mississippi River Commission; president of commission; salaries. 702h-1. Transferred. 702i. Certain sections applicable to property and rights acquired or constructed. 702j. Projects relating to tributary streams; report to Congress; appropriation. 702j-1. Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States. 702j-2. White River Levee District; rights-of-way; drainage facilities; flowage rights; acquisition by local authorities; protection of United States from liability for damages. 702k. Surveys below Cape Girardeau, Missouri; resurvey of levee in Tennessee. 702k-1. Authorization of appropriation. 702k-2. Separability. 702l. Repeal of inconsistent laws. 702m. Interest of Members of Congress in contracts for acquisition of land. 702n. Levee rights-of-way; payment or reimbursement for. 703. Sacramento River, California. 704. Modification of project. 705. Salmon River, Alaska; flood control work authorized. 706. Secretary of Commerce; current precipitation information; appropriation. 707. Sumner Dam and Lake Sumner; declaration of purpose; report to Congress; appropriation. 708. Sale of surplus waters for domestic and industrial uses; disposition of moneys. 709. Regulations for use of storage waters; application to Tennessee Valley Authority. 709a. Information on floods and flood damage. (a) Compilation and dissemination. (b) Flood prevention coordination. (c) Fees. (d) Fiscal year limitation on expenditures. 709b. Flood hazard information. -End- -CITE- 33 USC Sec. 701 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701. Flood control generally -STATUTE- 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. -SOURCE- (Mar. 1, 1917, ch. 144, Sec. 3, 39 Stat. 950; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 103-437, Sec. 12(c), Nov. 2, 1994, 108 Stat. 4590.) -COD- CODIFICATION Sections 1 and 2 of act Mar. 1, 1917, are classified to sections 702 and 703 of this title. Section 4 amended section 643 of this title. See section 702h of this title. -MISC1- 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." -CHANGE- 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. -TRANS- 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. -MISC2- FLOODPLAIN MANAGEMENT For 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. -EXEC- EXECUTIVE ORDER NO. 11296 Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as amended by Pub. L. 90-608, ch. IV, Sec. 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. -End- -CITE- 33 USC Sec. 701-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701-1. Declaration of policy of 1944 act -STATUTE- In connection with the exercise of jurisdiction over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, as herein authorized, it is declared to be the policy of the Congress to recognize the interests and rights of the States in determining the development of the watersheds within their borders and likewise their interests and rights in water utilization and control, as herein authorized to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the waters of the Nation's rivers; to facilitate the consideration of projects on a basis of comprehensive and coordinated development; and to limit the authorization and construction of navigation works to those in which a substantial benefit to navigation will be realized therefrom and which can be operated consistently with appropriate and economic use of the waters of such rivers by other users. In conformity with this policy: (a) Plans, proposals, or reports of the Chief of Engineers, Department of the Army, for any works of improvement for navigation or flood control not heretofore or herein authorized, shall be submitted to the Congress only upon compliance with the provisions of this paragraph (a). Investigations which form the basis of any such plans, proposals, or reports shall be conducted in such a manner as to give to the affected State or States, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and, to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or part are concerned with the use or control of waters arising west of the ninety-seventh meridian, the Chief of Engineers shall give to the Secretary of the Interior, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. The relations of the Chief of Engineers with any State under this paragraph (a) shall be with the Governor of the State or such official or agency of the State as the Governor may designate. The term "affected State or States" shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and situated in a State lying wholly or in part west of the ninety- eighth meridian; and such of those which are east of the ninety- eighth meridian as, in the judgment of the Chief of Engineers, will be substantially affected. Such plans, proposals, or reports and related investigations shall be made to the end, among other things, of facilitating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each report submitting any such plans or proposals to the Congress shall set out therein, among other things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, submitted by the affected States and by the Secretary of the Interior. The Chief of Engineers shall transmit a copy of his proposed report to each affected State, and, in case the plans or proposals covered by the report are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within 30 days from the date of receipt of said proposed report, the written views and recommendations of each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of the Army shall transmit to the Congress, with such comments and recommendations as he deems appropriate, the proposed report together with the submitted views and recommendations of affected States and of the Secretary of the Interior. The Secretary of the Army may prepare and make said transmittal any time following said 30-day period. The letter of transmittal and its attachments shall be printed as a House or Senate document. (b) The use for navigation, in connection with the operation and maintenance of such works herein authorized for construction, of waters arising in States lying wholly or partly west of the ninety- eighth meridian shall be only such use as does not conflict with any beneficial consumptive use, present or future, in States lying wholly or partly west of the ninety-eighth meridian, of such waters for domestic, municipal, stock water, irrigation, mining, or industrial purposes. (c) The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of the Army, be subject to the same provisions regarding investigations, plans, proposals, and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of the Army. In the event a submission of views and recommendations, made by an affected State or by the Secretary of the Army pursuant to said provisions, sets forth objections to the plans or proposals covered by the report of the Secretary of the Interior, the proposed works shall not be deemed authorized except upon approval by an Act of Congress; and section 485h(a) of title 43 and section 590z-1(a) of title 16 are amended accordingly. -SOURCE- (Dec. 22, 1944, ch. 665, Sec. 1, 58 Stat. 887; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 104-303, title II, Sec. 223, Oct. 12, 1996, 110 Stat. 3697.) -MISC1- AMENDMENTS 1996 - Par. (a). Pub. L. 104-303 substituted "Within 30 days" for "Within ninety days" and "30-day period" for "ninety-day period". -CHANGE- 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. -MISC2- APPLICABILITY OF SECTION TO PROJECTS AUTHORIZED BY FLOOD CONTROL ACTS Pub. L. 90-483, title II, Sec. 202, Aug. 13, 1968, 82 Stat. 739, provided that: "The provisions of section 1 of the Act of December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress, second session) [this section], shall govern with respect to projects authorized in this Act [Pub. L. 90-483], and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full." Similar provisions were contained in the following prior acts: Nov. 7, 1966, Pub. L. 89-789, title II, Sec. 202, 80 Stat. 1418. Oct. 27, 1965, Pub. L. 89-298, title II, Sec. 203, 79 Stat. 1074. Sept. 3, 1954, ch. 1264, title II, Sec. 202, 68 Stat. 1256. May 17, 1950, ch. 188, title II, Sec. 202, 64 Stat. 170. GLENDO UNIT, WYOMING, MISSOURI RIVER BASIN PROJECT Joint Res. July 16, 1954, ch. 532, Sec. 2, 68 Stat. 486, provided, with respect to the Glendo unit (dam and reservoir), Missouri River Basin Project, at the Glendo site on the North Platte River in Wyoming, for waiver of the provisions of subsec. (c) of this section. Section 1 of the Joint Resolution provided for the construction and operation of such unit by the Secretary of the Interior. SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -End- -CITE- 33 USC Sec. 701a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701a. Declaration of policy of 1936 act -STATUTE- It is recognized that destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigable waters or their tributaries is a proper activity of the Federal Government in cooperation with States, their political subdivisions, and localities thereof; that investigations and improvements of rivers and other waterways, including watersheds thereof, for flood-control purposes are in the interest of the general welfare; that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected. -SOURCE- (June 22, 1936, ch. 688, Sec. 1, 49 Stat. 1570.) -End- -CITE- 33 USC Sec. 701a-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701a-1. "Flood control" defined; jurisdiction of Federal investigations -STATUTE- The words "flood control" as used in section 701a of this title, shall be construed to include channel and major drainage improvements and flood prevention improvements for protection from groundwater-induced damages, and 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, and Federal investigations of watersheds and measures for run-off and water-flow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture, except as otherwise provided by Act of Congress. -SOURCE- (Dec. 22, 1944, ch. 665, Sec. 2, 58 Stat. 889; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IV, Sec. 403, Nov. 17, 1986, 100 Stat. 4133.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 inserted "and flood prevention improvements for protection from groundwater-induced damages" after "drainage improvements". -CHANGE- 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. -MISC2- 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 ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -End- -CITE- 33 USC Sec. 701b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b. Supervision of Secretary of the Army; reclamation projects unaffected -STATUTE- 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. -SOURCE- (June 22, 1936, ch. 688, Sec. 2, 49 Stat. 1570; June 28, 1938, ch. 795, Sec. 1, 52 Stat. 1215; Aug. 18, 1941, ch. 377, Sec. 1, 55 Stat. 638; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 4, 1954, ch. 656, Sec. 7, 68 Stat. 668.) -MISC1- 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. -CHANGE- 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. -MISC2- SAVINGS PROVISION Section 7 of act Aug. 4, 1954, which amended this section by repealing provisions relating to the Department of Agriculture, provides 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, Sec. 202(h), Oct. 12, 1996, 110 Stat. 3676, provided that: "(1) In general. - The Secretary shall 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. The study shall include - "(A) an evaluation of the impact of risk-based analysis on project formulation, project economic justification, and minimum engineering and safety standards; and "(B) a review of studies conducted using risk-based analysis to determine - "(i) the scientific validity of applying risk-based analysis in these studies; and "(ii) the impact of using risk-based analysis as it relates to current policy and procedures of the Corps of Engineers. "(2) Report. - Not later than 18 months after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall submit to Congress a report on the results of the study under paragraph (1), as well as such recommendations as the Secretary considers appropriate. "(3) Limitation on use of methodology. - During the period beginning on the date of the enactment of this Act [Oct. 12, 1996] and ending 18 months after that date, if requested by a non-Federal interest, the Secretary shall refrain from using any risk-based technique required under the studies described in paragraph (1) for the evaluation and design of a project. "(4) Authorization of appropriations. - There is authorized to be appropriated $250,000 to carry out this subsection." -End- -CITE- 33 USC Sec. 701b-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-1. Transfer of jurisdiction in certain cases to Department of Agriculture -STATUTE- In order to effectuate the policy declared in sections 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. -SOURCE- (June 28, 1938, ch. 795, Sec. 7, 52 Stat. 1225; Dec. 22, 1944, ch. 665, Sec. 15, 58 Stat. 907; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; May 17, 1950, ch. 188, title II, Sec. 216, 64 Stat. 184.) -MISC1- 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. -CHANGE- 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. -MISC2- 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 ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -End- -CITE- 33 USC Sec. 701b-2 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-2. Cooperation by Secretaries of the Army and Agriculture; expenditures -STATUTE- In carrying out the purposes of the Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, the Secretary of the Army and the Secretary of Agriculture are authorized to cooperate with institutions, organizations, and individuals, and to utilize the services of Federal, State, and other public agencies, and to pay by check to the cooperating public agency, either in advance or upon the furnishing or performance of said services, all or part of the estimated or actual cost thereof; and to make expenditures for personal services and rent in the District of Columbia and elsewhere, for purchase of reference and law books and periodicals, for printing and binding, for the purchase, exchange, operation, and maintenance of motor-propelled passenger-carrying vehicles and motorboats for official use, and for other necessary expenses. The provisions of this section shall be applicable to any funds heretofore appropriated for the prosecution by the Secretary of Agriculture of works of improvement for measures of run-off and water-flow retardation and soil-erosion prevention upon watersheds. -SOURCE- (June 28, 1938, ch. 795, Sec. 5, 52 Stat. 1223; Aug. 18, 1941, ch. 377, Sec. 8, 55 Stat. 650; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1941 - Act Aug. 18, 1941, changed the reference near the beginning of section and inserted sentence at end. -CHANGE- 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. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 33 USC Sec. 701b-3 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-3. Examinations and surveys; availability of appropriations -STATUTE- Funds heretofore or hereafter appropriated for construction and maintenance of flood-control works by the Department of the Army shall be available for expenditure by the Department of the Army in making examinations and surveys for flood control heretofore or hereafter authorized, or in preparing reports in review thereof as authorized by law, in addition to funds heretofore authorized to be expended for such purposes by the Department of the Army. -SOURCE- (Aug. 11, 1939, ch. 699, Sec. 2, 53 Stat. 1414; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- 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. -End- -CITE- 33 USC Sec. 701b-4 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-4. Administration of surveys; number authorized; reports -STATUTE- The surveys authorized to be performed under the direction of the Secretary of the Army as well as all duties performed by the Chief of Engineers under the direction of the Secretary of the Army shall be functions of the Engineer Corps, United States Army, and its head, to be administered under the direction of the Secretary of the Army and the supervision of the Chief of Engineers except as otherwise specifically provided by Congress: Provided, That the power and authority conferred by the Flood Control Act of June 28, 1938, and previously conferred, upon the Federal Power Commission shall remain in full force and effect: Provided, That no preliminary examination, survey, project, or estimate for new works other than those designated in this Act or some prior Act or joint resolution shall be made: Provided further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed, are submitted, no supplemental or additional report or estimate shall be made unless authorized by law. -SOURCE- (Aug. 11, 1939, ch. 699, Sec. 6, 53 Stat. 1415; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Flood Control Act of June 28, 1938, referred to in text, is act June 28, 1938, ch. 795, 52 Stat. 1215, as amended, which to the extent classified to the Code is classified to sections 701b, 701b- 1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1 1/2 , 702a-11, and 706 of this title. For complete classification of this Act to the Code, see Tables. This Act, referred to in text, is act Aug. 11, 1939, ch. 699, 53 Stat. 1414, as amended, which to the extent classified to the Code enacted sections 558b-1, 701b-3, 701b-4, and 707 of this title and amended sections 701c-1 and 701g of this title. For complete classification of this Act to the Code, see Tables. -CHANGE- 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. -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and its functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 33 USC Sec. 701b-5 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-5. Omitted -COD- CODIFICATION Section, act Mar. 31, 1945, ch. 45, Sec. 1, 59 Stat. 41, relating to appropriations subject to priority restrictions, was from the War Department Civil Appropriation Act, 1946, and was not repeated in subsequent appropriation acts. -End- -CITE- 33 USC Sec. 701b-6 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-6. Examinations and surveys by Secretary of Agriculture -STATUTE- That, in order to further the declaration of policy and principles declared in sections 701a and 701b of this title, and to supplement the preliminary examinations and surveys which the Secretary of the Army has heretofore been, or is hereafter, authorized and directed to make of waterways with a view to the control of their floods, the Secretary of Agriculture be, and he is, authorized and directed to cause preliminary examinations and surveys to be made for run-off and water-flow retardation and soil- erosion prevention on the watersheds of said waterways, the costs thereof to be paid from appropriations heretofore or hereafter made for such purposes. -SOURCE- (Aug. 28, 1937, ch. 877, Sec. 3, 50 Stat. 877; Jan. 19, 1948, ch. 2, Sec. 1, 62 Stat. 4; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -MISC1- AMENDMENTS 1948 - Act Jan. 19, 1948, inserted "or is hereafter" after "heretofore been" to make section applicable to future preliminary surveys and examinations. -CHANGE- 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. -End- -CITE- 33 USC Sec. 701b-7 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee -STATUTE- After the Secretary of Agriculture has submitted to Congress a regular or formal report made on any examination or survey, pursuant to the Flood Control Act approved June 22, 1936, as amended and supplemented, a supplemental, additional, or review report or estimate may be made if authorized by law or by resolution of the Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate. -SOURCE- (Jan. 19, 1948, ch. 2, Sec. 2, 62 Stat. 4; Pub. L. 103-437, Sec. 12(d), Nov. 2, 1994, 108 Stat. 4590.) -REFTEXT- REFERENCES IN TEXT The Flood Control Act approved June 22, 1936, as amended and supplemented, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate" for "Committee on Public Works of the House of Representatives or the Committee on Public Works of the Senate". -CHANGE- CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -End- -CITE- 33 USC Sec. 701b-8 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-8. Submission of report by Chief of Engineers -STATUTE- It is declared to be the policy of the Congress that the following provisions shall be observed: No project or any modification not authorized, of a project for flood control or rivers and harbors, shall be authorized by the Congress unless a report for such project or modification has been previously submitted by the Chief of Engineers, United States Army, in conformity with existing law. -SOURCE- (Sept. 3, 1954, ch. 1264, title II, Sec. 202, 68 Stat. 1256.) -COD- CODIFICATION Section comprises last two paragraphs of section 202 of act Sept. 3, 1954. First paragraph of section 202 is set out as a note under section 701-1 of this title. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in the following prior acts: May 17, 1950, ch. 188, title II, Sec. 202, 64 Stat. 170. June 30, 1948, ch. 771, title II, Sec. 202, 62 Stat. 1175. July 24, 1946, ch. 596, Sec. 2, 60 Stat. 641. -End- -CITE- 33 USC Sec. 701b-8a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-8a. Discontinuance of preliminary examination reports -STATUTE- For preliminary examinations and surveys authorized in previous river and harbor and flood control Acts, the Secretary of the Army is directed to cause investigations and reports for flood control and allied purposes, to be prepared under the supervision of the Chief of Engineers in the form of survey reports, and that preliminary examination reports shall no longer be required to be prepared. -SOURCE- (Pub. L. 85-500, title II, Sec. 208, July 3, 1958, 72 Stat. 319.) -REFTEXT- REFERENCES IN TEXT Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II of Pub. L. 85- 500. -End- -CITE- 33 USC Sec. 701b-9 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-9. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures -STATUTE- On and after July 31, 1947, no appropriation under the Corps of Engineers shall be available for any expenses incident to operating any power-driven boat or vessel on other than Government business, and that Government business shall be construed to include transportation, lodging, and subsistence on inspection trips of Federal and State officials, having a public interest in authorized or proposed improvements for river and harbor and flood control, and any expenses incurred therefor shall be chargeable to river and harbor and flood control appropriations heretofore or hereafter made under rules and regulations to be prescribed by the Chief of Engineers: Provided, That such expenditures shall be certified by the Division Engineer as necessary and proper expenditures. -SOURCE- (July 31, 1947, ch. 411, Sec. 1, 61 Stat. 688.) -COD- CODIFICATION Section is also set out as section 575 of this title. Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1. -End- -CITE- 33 USC Sec. 701b-10 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-10. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation -STATUTE- There is established a revolving fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of the plant and equipment of the Corps of Engineers used in civil works functions, including acquisition of plant and equipment, maintenance, repair, and purchase, operation, and maintenance of not to exceed four aircraft at any one time, temporary financing of services finally chargeable to appropriations for civil works functions, and the furnishing of facilities and services for military functions of the Department of the Army and other Government agencies and private persons, as authorized by law, $100; and in addition, the Secretary of the Army is authorized to provide capital for the fund by capitalizing the present inventories, plant and equipment of the civil works functions of the Corps of Engineers. The fund shall be credited with reimbursements or advances for the cost of equipment, facilities, and services furnished, at rates which shall include charges for overhead and related expenses, depreciation of plant and equipment, and accrued leave: Provided, That on July 1, 1953, (1) the fund shall assume the assets, liabilities, and obligations of the Plant accounts, as carried on the records of the Corps of Engineers as of June 30, 1953, under the appropriations for "Maintenance and improvement of existing river and harbor works", "Flood control, general", and "Flood control, Mississippi River and tributaries", and (2) there shall be transferred from said appropriations to the fund amounts equivalent to the unexpended cash balances of the Plant accounts on June 30, 1953: Provided further, That the total capital of said fund shall not exceed $140,000,000. -SOURCE- (July 27, 1953, ch. 245, Sec. 101, 67 Stat. 199.) -COD- CODIFICATION Section is also set out as section 576 of this title. Section was formerly classified to section 190b of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1. -MISC1- RETENTION OF THREE OPERATIONAL AIRCRAFT; NOTICE OF INTENDED USE OUTSIDE UNITED STATES For provision relating to retention, use, and disposal of three operational aircraft by Chief of Engineers, see section 101(d) [title I, Sec. 110] of Pub. L. 100-202, set out as a note under section 576 of this title. -End- -CITE- 33 USC Sec. 701b-11 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-11. Flood protection projects -STATUTE- (a) General considerations; nonstructural alternatives In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages including, but not limited to, floodproofing of structures; flood plain regulation; acquisition of flood plain lands for recreational, fish and wildlife, and other public purposes; and relocation with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damages. (b) Non-Federal participation through nonstructural alternatives; limitation Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under section 701c of this title, for structural protection measures, but in no event shall exceed 20 per centum of the project costs. -SOURCE- (Pub. L. 93-251, title I, Sec. 73, Mar. 7, 1974, 88 Stat. 32.) -MISC1- NONSTRUCTURAL FLOOD CONTROL POLICY Pub. L. 104-303, title II, Sec. 202(d), Oct. 12, 1996, 110 Stat. 3675, provided that: "(1) Review. - The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and development of flood control measures with a view toward identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural measures. "(2) Report. - Not later than 1 year after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall transmit to Congress a report on the findings of the review conducted under this subsection, together with any recommendations for modifying existing law to remove any impediments identified under such review." -End- -CITE- 33 USC Sec. 701b-12 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-12. Floodplain management requirements -STATUTE- (a) Compliance with floodplain management and insurance programs Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction, that involves Federal assistance from the Secretary, the non-Federal interest shall agree to participate in and comply with applicable Federal floodplain management and flood insurance programs. (b) Floodplain management plans Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) of this section applies, the non-Federal interest shall prepare a floodplain management plan designed to reduce the impacts of future flood events in the project area. Such plan shall be implemented by the non-Federal interest not later than 1 year after completion of construction of the project. (c) Guidelines (1) In general The Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b) of this section. (2) Required elements The guidelines developed under paragraph (1) shall - (A) address potential measures, practices, and policies to be undertaken by non-Federal interests to to (!1) reduce loss of life, injuries, damages to property and facilities, public expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values; and (B) address those measures to be undertaken by non-Federal interests to preserve the level of flood protection provided by a project to which subsection (a) of this section applies. (3) Limitation on statutory construction Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Director of the Federal Emergency Management Agency. (d) Technical support The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) of this section applies for the development and implementation of plans prepared under subsection (b) of this section. -SOURCE- (Pub. L. 99-662, title IV, Sec. 402, Nov. 17, 1986, 100 Stat. 4133; Pub. L. 100-676, Sec. 14, Nov. 17, 1988, 102 Stat. 4026; Pub. L. 104-303, title II, Sec. 202(c)(1), Oct. 12, 1996, 110 Stat. 3674; Pub. L. 106-541, title II, Sec. 209(a), (c), Dec. 11, 2000, 114 Stat. 2591.) -MISC1- AMENDMENTS 2000 - Subsec. (b). Pub. L. 106-541, Sec. 209(c), substituted "Floodplain" for "Flood plain" in heading and "floodplain" for "flood plain" in first sentence. Subsec. (c). Pub. L. 106-541, Sec. 209(a), in first sentence substituted "The" for "Within 6 months after October 12, 1996, the", designated second sentence as par. (2), inserted heading, substituted "The guidelines developed under paragraph (1) shall - " for "Such guidelines shall", designated remainder of sentence as subpar. (A), inserted "to be undertaken by non-Federal interests to" after "policies", added subpar. (B), and redesignated former par. (2) as (3). 1996 - Pub. L. 104-303 substituted "Floodplain management requirements" for "Compliance with flood plain management and insurance programs" in section catchline and amended text generally. Prior to amendment, text read as follows: "Before construction of any project for local flood protection or any project for hurricane or storm damage reduction, the non-Federal interests shall agree to participate in and comply with applicable Federal flood plain management and flood insurance programs." 1988 - Pub. L. 100-676 inserted "or any project for hurricane or storm damage reduction" after "local flood protection". EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-541, title II, Sec. 209(b), Dec. 11, 2000, 114 Stat. 2591, provided that: "The amendments made by subsection (a) [amending this section] shall apply to any project or separable element of a project with respect to which the Secretary [of the Army] and the non-Federal interest have not entered a project cooperation agreement on or before the date of enactment of this Act [Dec. 11, 2000]." EFFECTIVE DATE OF 1996 AMENDMENT Section 202(c)(2) of Pub. L. 104-303 provided that: "The amendment made by paragraph (1) [amending this section] shall apply to any project or separable element thereof with respect to which the Secretary and the non-Federal interest have not entered into a project cooperation agreement on or before the date of the enactment of this Act [Oct. 12, 1996]." -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -FOOTNOTE- (!1) So in original. -End- -CITE- 33 USC Sec. 701b-13 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701b-13. Construction of flood control projects by non-Federal interests -STATUTE- (a) Authority Non-Federal interests are authorized to undertake flood control projects in the United States, subject to obtaining any permits required pursuant to Federal and State laws in advance of actual construction. (b) Studies and design activities (1) By non-Federal interests A non-Federal interest may prepare, for review and approval by the Secretary, the necessary studies and design documents for any construction to be undertaken pursuant to subsection (a) of this section. (2) By Secretary Upon request of an appropriate non-Federal interest, the Secretary may undertake all necessary studies and design activities for any construction to be undertaken pursuant to subsection (a) of this section and provide technical assistance in obtaining all necessary permits for such construction if the non-Federal interest contracts with the Secretary to provide to the United States funds for the studies and design activities during the period in which the studies and design activities will be conducted. (c) Completion of studies and design activities In the case of any study or design documents for a flood control project that were initiated before October 12, 1996, the Secretary may complete and transmit to the appropriate non-Federal interests the study or design documents or, upon the request of such non- Federal interests, terminate the study or design activities and transmit the partially completed study or design documents to such non-Federal interests for completion. Studies and design documents subject to this subsection shall be completed without regard to the requirements of subsection (b) of this section. (d) Authority to carry out improvement (1) In general (A) Studies and design activities under subsection (b) (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) of this section only if the Secretary approves the project for construction. (ii) Criteria for approval The Secretary shall approve a project for construction if the Secretary determines that the project is technically sound, economically justified, and environmentally acceptable and meets the requirements for obtaining the appropriate permits required under the authority of the Secretary. (iii) No unreasonable withholding of approval The Secretary shall not unreasonably withhold approval of a project for construction. (iv) No effect on regulatory authority Nothing in this subparagraph affects any regulatory authority of the Secretary. (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) of this section a favorable recommendation to carry out a flood control project, or separable element of a flood control project, based on the results of completed studies and design documents for the project or element may carry out the project or element if a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been filed for the project or element. (2) Permits Any plan of improvement proposed to be implemented in accordance with this subsection (other than paragraph (1)(A)) shall be deemed to satisfy the requirements for obtaining the appropriate permits required under the Secretary's authority. Such permits shall be granted subject to the non-Federal interest's acceptance of the terms and conditions of such permits if the Secretary determines that the applicable regulatory criteria and procedures have been satisfied. (3) Monitoring The Secretary shall monitor any project for which a permit is granted under this subsection in order to ensure that such project is constructed, operated, and maintained in accordance with the terms and conditions of such permit. (e) Reimbursement (1) General rule Subject to appropriations Acts, the Secretary may reimburse any non-Federal interest an amount equal to the estimate of the Federal share, without interest, of the cost of any authorized flood control project, or separable element of a flood control project, constructed pursuant to this section and provide credit for the non-Federal share of the project - (A) if, after authorization and before initiation of construction of the project or separable element, the Secretary approves the plans for construction of such project by the non- Federal interest; (B) if the Secretary finds, after a review of studies and design documents prepared pursuant to this section, that construction of the project or separable element is economically justified and environmentally acceptable; and (C) if the construction work is substantially in accordance with plans prepared under subsection (b) of this section. (2) Special rules (A) Reimbursement or credit For work (including work associated with studies, planning, design, and construction) carried out by a non-Federal interest with respect to a project described in subsection (f) of this section, the Secretary shall, subject to the availability of appropriations, reimburse, without interest, the non-Federal interest an amount equal to the estimated Federal share of the cost of such work, or provide credit (depending on the request of the non-Federal interest) for the non-Federal share of such work, if such work is later recommended by the Chief of Engineers and approved by the Secretary. (B) Credit If the non-Federal interest for a project described in subsection (f) of this section carries out work before completion of a reconnaissance study by the Secretary and if such work is determined by the Secretary to be compatible with the project later recommended by the Secretary, the Secretary shall credit the non-Federal interest for its share of the cost of the project for such work. (3) Matters to be considered in reviewing plans In reviewing plans under this subsection, the Secretary shall consider budgetary and programmatic priorities and other factors that the Secretary considers appropriate. (4) Monitoring The Secretary shall regularly monitor and audit any project for flood control approved for construction under this section by a non-Federal interest to ensure that such construction is in compliance with the plans approved by the Secretary and that the costs are reasonable. (5) Limitation on reimbursements The Secretary may not make any reimbursement under this section until the Secretary determines that the work for which reimbursement is requested has been performed in accordance with applicable permits and approved plans. (6) Schedule and manner of reimbursement (A) Budgeting The Secretary shall budget and request appropriations for reimbursements under this section on a schedule that is consistent with a Federal construction schedule. (B) Commencement of reimbursements Reimbursements under this section may commence on approval of a project by the Secretary. (C) Credit At the request of a non-Federal interest, the Secretary may reimburse the non-Federal interest by providing credit toward future non-Federal costs of the project. (D) Scheduling Nothing in this paragraph affects the discretion of the President to schedule new construction starts. (f) Specific projects For the purpose of demonstrating the potential advantages and effectiveness of non-Federal implementation of flood control projects, the Secretary shall enter into agreements pursuant to this section with non-Federal interests for development of the following flood control projects by such interests: (1) Berryessa Creek, California The Berryessa Creek element of the project for flood control, Coyote and Berryessa Creeks, California, authorized by section 101(a)(5) of the Water Resources Development Act of 1990 (104 Stat. 4606); except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to such element. (2) Los Angeles County Drainage Area, California The project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611). (3) Stockton Metropolitan Area, California The project for flood control, Stockton Metropolitan Area, California. (4) Upper Guadalupe River, California The project for flood control, Upper Guadalupe River, California. (5) Flamingo and Tropicana Washes, Nevada The project for flood control, Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by section 101(13) of the Water Resources Development Act of 1992 (106 Stat. 4803). (6) Brays Bayou, Texas Flood control components comprising the Brays Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (104 Stat. 4610); except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to the diversion component of such element. (7) Hunting Bayou, Texas The Hunting Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by such section; except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to such element. (8) White Oak Bayou, Texas The project for flood control, White Oak Bayou watershed, Texas. (g) Treatment of flood damage prevention measures For the purposes of this section, flood damage prevention measures at or in the vicinity of Morgan City and Berwick, Louisiana, shall be treated as an authorized separable element of the Atchafalaya Basin feature of the project for flood control, Mississippi River and Tributaries. -SOURCE- (Pub. L. 104-303, title II, Sec. 211, Oct. 12, 1996, 110 Stat. 3681; Pub. L. 106-53, title II, Sec. 223, Aug. 17, 1999, 113 Stat. 296; Pub. L. 106-60, title VI, Sec. 606, Sept. 29, 1999, 113 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Section 101 of the Water Resources Development Act of 1990, referred to in subsec. (f)(1), (2), (6), is section 101 of Pub. L. 101-640, title I, Nov. 28, 1990, 104 Stat. 4605, which is not classified to the Code. Section 101(13) of the Water Resources Development Act of 1992, referred to in subsec. (f)(5), is section 101(13) of Pub. L. 102- 580, title I, Oct. 31, 1992, 106 Stat. 4803, which is not classified to the Code. -MISC1- AMENDMENTS 1999 - Subsec. (d)(1). Pub. L. 106-53, Sec. 223(a)(1), added subpar. (A), designated existing provisions as subpar. (B), inserted subpar. heading, and substituted "under subsection (c)" for "pursuant to subsection (b) or (c)". Subsec. (d)(2). Pub. L. 106-53, Sec. 223(a)(2), inserted "(other than paragraph (1)(A))" after "this subsection" in first sentence. Subsec. (e)(1). Pub. L. 106-53, Sec. 223(b)(1), inserted "and provide credit for the non-Federal share of the project" after "constructed pursuant to this section" in introductory provisions, and added subpar. (C). Subsec. (e)(2)(A). Pub. L. 106-60, which directed the amendment of subpar. (A) by striking out "in advance in appropriations Acts", could not be executed because that phrase did not appear in text subsequent to the amendment by Pub. L. 106-53, Sec. 223(b)(2). See below. Pub. L. 106-53, Sec. 223(b)(2), in subpar. heading, inserted "or credit" after "Reimbursement" and, in text, substituted "subject to the availability of appropriations" for "subject to amounts being made available in advance in appropriations Acts" and inserted ", or provide credit (depending on the request of the non-Federal interest) for the non-Federal share of such work," after "the cost of such work". Subsec. (e)(6). Pub. L. 106-53, Sec. 223(b)(3), added par. (6). -End- -CITE- 33 USC Sec. 701c 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701c. Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to run-off and water-flow retardation and soil erosion prevention assistance -STATUTE- After June 22, 1936, no money appropriated under authority of section 701f of this title shall be expended on the construction of any project until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of the Army that they will (a) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project, except as otherwise provided herein; (b) hold and save the United States free from damages due to the construction works; (c) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army: Provided, That the construction of any dam authorized herein, may be undertaken without delay when the dam site has been acquired and the assurances prescribed herein have been furnished, without awaiting the acquisition of the easements and rights-of-way required for the reservoir area: And provided further, That whenever expenditures for lands, easements, and rights-of-way by States, political subdivisions thereof, or responsible local agencies for any individual project or useful part thereof shall have exceeded the present estimated construction cost therefor, the local agency concerned may be reimbursed one-half of its excess expenditures over said estimated construction cost: And provided further, That when benefits of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, the Secretary of the Army with the consent of the State wherein the same are located may acquire the necessary lands, easements, and rights-of-way for said project or part thereof after he has received from the States, political subdivisions thereof, or responsible local agencies benefited the present estimated cost of said lands, easements, and rights-of-way, less one-half the amount by which the estimated cost of these lands, easements, and rights-of-way exceeds the estimated construction cost corresponding thereto: And provided further, That the Secretary of the Army shall determine the proportion of the present estimated cost of said lands, easements, and rights-of-way that each State, political subdivision thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: And provided further, That whenever not less than 75 per centum of the benefits as estimated by the Secretary of the Army of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, provision (c) of this section shall not apply thereto; nothing herein shall impair or abridge the powers now existing in the Department of the Army with respect to navigable streams: And provided further, That nothing herein shall be construed to interfere with the completion of any reservoir or flood control work authorized by the Congress and now under way. (d) As a condition to the extending of any benefits, in prosecuting measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared in section 701a of this title, to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of such Act, require - (1) The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for run-off and waterflow retardation and soil-erosion prevention; (2) Agreements or covenants as to the permanent use of such lands; and (3) Contributions in money, services, materials, or otherwise to any operations conferring such benefits. -SOURCE- (June 22, 1936, ch. 688, Sec. 3, 49 Stat. 1571; Aug. 28, 1937, ch. 877, Sec. 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Portions of section 5 of act June 22, 1936, enumerating certain dams to be constructed, were not classified to the Code. -MISC1- AMENDMENTS 1937 - Act Aug. 28, 1937, added subsec. (d). -CHANGE- 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. -MISC2- APPLICABILITY OF SECTION TO FLOOD CONTROL WORKS AUTHORIZED BY FLOOD CONTROL ACTS Pub. L. 90-483, title II, Sec. 201, Aug. 13, 1968, 82 Stat. 739, provided that: "Section 3 of the Act approved June 22, 1936 (Public Law Numbered 738, Seventy-fourth Congress) [this section], as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Seventy-fifth Congress) [section 701c-1 of this title], shall apply to all works authorized in this title except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936 [this section], shall apply thereto, except as otherwise provided by law. The authorization for any flood control project herein authorized by this Act [Pub. L. 90-483] requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Secretary of the Army or his designee of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished." Similar provisions were contained in the following prior acts: Nov. 7, 1966, Pub. L. 89-789, title II, Sec. 201, 80 Stat. 1418. Oct. 27, 1965, Pub. L. 89-298, title II, Sec. 202, 79 Stat. 1074. Sept. 3, 1954, ch. 1264, title II, Sec. 201, 68 Stat. 1256. May 17, 1950, ch. 188, title II, Sec. 201, 64 Stat. 170. June 30, 1948, ch. 771, title II, Sec. 201, 62 Stat. 1175. July 24, 1946, ch. 596, Sec. 2, 60 Stat. 641. Dec. 22, 1944, ch. 665, Sec. 3, 58 Stat. 889. APPLICATION OF SECTION Act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215, provided that this section, as theretofore amended and therein further modified, should apply to all flood control projects, except as otherwise specifically provided by law. For modification of this section by that act, see section 701c-1 of this title. MUSKINGUM RIVER VALLEY Provisions of act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215, referred to above, were extended to the Muskingum River Valley dams and reservoirs by section 4 of act Aug. 11, 1939, ch. 699, 53 Stat. 1414. -End- -CITE- 33 USC Sec. 701c-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701c-1. Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies -STATUTE- In case of any dam and reservoir project, or channel improvement or channel rectification project for flood control, herein authorized or heretofore authorized by the Act of June 22, 1936, as amended, and sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to 702h, 702i to 702m, and 704 of this title, title to all lands, easements, and rights-of-way for such project shall be acquired by the United States or by States, political subdivisions thereof or other responsible local agencies and conveyed to the United States, and provisions of clauses (a), (b), and (c) of section 701c of this title shall not apply thereto. Notwithstanding any restrictions, limitations, or requirement of prior consent provided by any other Act, the Secretary of the Army is authorized and directed to acquire in the name of the United States title to all lands, easements, and rights-of-way necessary for any dam and reservoir project or channel improvement or channel rectification project for flood control, with funds heretofore or hereafter appropriated or made available for such projects, and States, political subdivisions thereof, or other responsible local agencies, shall be granted and reimbursed, from such funds, sums equivalent to actual expenditures deemed reasonable by the Secretary of the Army and the Chief of Engineers and made by them in acquiring lands, easements, and rights-of-way for any dam and reservoir project, or any channel improvement or channel rectification project for flood control heretofore or herein authorized: Provided, That no reimbursement shall be made for any indirect or speculative damages: Provided further, That lands, easements, and rights-of-way shall include lands on which dams, reservoirs, channel improvements, and channel rectifications are located; lands or flowage rights in reservoirs and highway, railway, and utility relocation: Provided further, That in all cases of the acquisition hereunder by the United States from the Los Angeles County Flood Control District or the Muskingum Watershed Conservancy District of lands, easements, or rights-of- way, wherein the written opinion of the Attorney General in favor of the validity of the title to such lands, easements, or rights-of- way is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion upon a certificate of title of the district from which said lands, easements, or rights-of-way are to be acquired accompanied by an agreement, duly executed by the district in conformity with the constitutions and laws of the State where the district in question is situated to indemnify the United States against all claims, liabilities, loss, expenses, and attorneys' fees of whatsoever kind or nature, resulting from or arising out of any defect or defects whatsoever in the title to any such lands, easements, or rights-of- way so conveyed to the United States, including all just compensation, costs, and expenses which may be incurred in any condemnation proceeding deemed necessary and instituted by the United States in order to perfect title to any such lands, easements, or rights-of-way. -SOURCE- (June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215; Aug. 11, 1939, ch. 699, Sec. 5, 53 Stat. 1415; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 28, 1938, ch. 795, 75 Stat. 1215, as amended, popularly known as the Flood Control Act of June 28, 1938, which to the extent classified to the Code enacted sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1 1/2 , 702a-11, and 706 of this title. For complete classification of this Act to the Code, see Tables. Act of June 22, 1936, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section comprises last paragraph of section 2 of act June 28, 1938. First paragraph of such section 2 is referred to in an Application of Section note under section 701c of this title. -MISC1- AMENDMENTS 1939 - Act Aug. 11, 1939, inserted last proviso. -CHANGE- 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. -End- -CITE- 33 USC Sec. 701c-2 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701c-2. Acquisition and sale of land -STATUTE- The provisions of sections 593 to 595 of this title relating to river and harbor improvements are made applicable to works of flood control heretofore or hereafter authorized. -SOURCE- (Aug. 18, 1941, ch. 377, Sec. 6, 55 Stat. 650; Oct. 31, 1951, ch. 654, Sec. 3(6), 65 Stat. 708.) -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out "558a and" in the reference to other sections. -End- -CITE- 33 USC Sec. 701c-3 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701c-3. Lease receipts; payment of portion to States -STATUTE- 75 per centum of all moneys received and deposited in the Treasury of the United States during any fiscal year on account of the leasing of lands acquired by the United States for flood control, navigation, and allied purposes, including the development of hydroelectric power, shall be paid at the end of such year by the Secretary of the Treasury to the State in which such property is situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county, or counties, in which such property is situated, or for defraying any of the expenses of county government in such county or counties, including public obligations of levee and drainage districts for flood control and drainage improvements: Provided, That when such property is situated in more than one State or county, the distributive share to each from the proceeds of such property shall be proportional to its area therein. For the purposes of this section, the term "money" includes, but is not limited to, such bonuses, royalties and rentals (and any interest or other charge paid to the United States by reason of the late payment of any royalty, rent, bonus or other amount due to the United States) paid to the United States from a mineral lease issued under the authority of the Mineral Leasing Act for Acquired Lands [30 U.S.C. 351 et seq.] or paid to the United States from a mineral lease in existence at the time of the acquisition of the land by the United States. -SOURCE- (Aug. 18, 1941, ch. 377, Sec. 7, 55 Stat. 650; July 24, 1946, ch. 596, Sec. 5, 60 Stat. 642; June 16, 1953, ch. 114, 67 Stat. 61; Sept. 3, 1954, ch. 1264, title II, Sec. 206, 68 Stat. 1266; Pub. L. 102-486, title XXV, Sec. 2506(c), Oct. 24, 1992, 106 Stat. 3107.) -REFTEXT- REFERENCES IN TEXT The Mineral Leasing Act for Acquired Lands, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended, which is classified generally to chapter 7 (Sec. 351 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables. -MISC1- AMENDMENTS 1992 - Pub. L. 102-486 inserted sentence at end defining term "money" for purposes of this section. 1954 - Act Sept. 3, 1954, extended the 75 percent rental provision so as also to include moneys received and deposited with respect to the leasing of lands acquired for navigation and allied purposes. 1953 - Act June 16, 1953, inserted "or for defraying any of the expenses of county government in such county or counties, including public obligations of levee and drainage districts for flood control and drainage improvements" after "situated". 1946 - Act July 24, 1946, increased the percentage return to the States from 25 percent to 75 percent. -End- -CITE- 33 USC Sec. 701d 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701d. Compacts between States; consent of Congress -STATUTE- The consent of Congress is given to any two or more States to enter into compacts or agreements in connection with any project or operation authorized by this Act for flood control or the prevention of damage to life or property by reason of floods upon any stream or streams and their tributaries which lie in two or more such States, for the purpose of providing, in such manner and such proportion as may be agreed upon by such States and approved by the Secretary of the Army, funds for construction and maintenance, for the payment of damages, and for the purchase of rights-of-way, lands, and easements in connection with such project or operation. No such compact or agreement shall become effective without the further consent or ratification of Congress, except a compact or agreement which provides that all money to be expended pursuant thereto and all work to be performed thereunder shall be expended and performed by the Department of the Army, with the exception of such reasonable sums as may be reserved by the States entering into the compact or agreement for the purpose of collecting taxes and maintaining the necessary State organizations for carrying out the compact or agreement. -SOURCE- (June 22, 1936, ch. 688, Sec. 4, 49 Stat. 1571; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Portions of section 5 and sections 6 and 7 of act June 22, 1936, enumerating certain projects and operations with regard to flood control, were not classified to the Code. -CHANGE- 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. -End- -CITE- 33 USC Sec. 701e 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701e. Effect of act June 22, 1936, on provisions for Mississippi River and other projects -STATUTE- Nothing in this Act shall be construed as repealing or amending any provision of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. The authority conferred by this Act and any funds appropriated pursuant thereto for expenditure are supplemental to all other authority and appropriations relating to the departments or agencies concerned, and nothing in this Act shall be construed to limit or retard any department or agency in carrying out similar and related activities heretofore or hereafter authorized, or to limit the exercise of powers conferred on any department or agency by other provisions of law is (!1) carrying out similar and related activities. -SOURCE- (June 22, 1936, ch. 688, Sec. 8, 49 Stat. 1596.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. -FOOTNOTE- (!1) So in original. Probably should be "in". -End- -CITE- 33 USC Sec. 701f 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701f. Authorization of appropriations -STATUTE- The sum of $310,000,000 is authorized to be appropriated for carrying out the improvements herein and the sum of $10,000,000 is authorized to be appropriated and expended in equal amounts by the Departments of the Army and Agriculture for carrying out any examinations and surveys provided for in this Act and other Acts of Congress. -SOURCE- (June 22, 1936, ch. 688, Sec. 9, 49 Stat. 1596; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT "Herein", and "this Act", referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Portions of section 5 of act June 22, 1936, enumerating certain improvements with regard to flood control, and sections 6 and 7 of that act, relating to examinations and surveys, were not classified to the Code. -COD- CODIFICATION The first proviso, relating to a limitation upon the amount of expenditure during the fiscal year 1937, was deleted as executed and obsolete. The second proviso, relating to payment from funds available to the Works Progress Administration, was also omitted as executed and obsolete. The Works Progress Administration was renamed the Work Projects Administration by Reorg. Plan No. 1 of 1939, Sec. 306, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, set out in the Appendix to Title 5, Government Organization and Employees. Liquidation was ordered by President's letter of December 4, 1942, and appropriations for it authorized by act July 12, 1943, ch. 229, title I, 57 Stat. 540. -CHANGE- 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. -MISC1- ADOPTION OF IMPROVEMENTS Works of improvement adopted and authorized to be prosecuted are listed in section 5 of act June 22, 1936, ch. 688, 49 Stat. 1596, referred to in this section, as amended or supplemented by acts Aug. 28, 1937, ch. 877, Sec. 1, 50 Stat. 876; June 28, 1938, ch. 795, Sec. 4, 52 Stat. 1216; Aug. 11, 1939, ch. 699, Sec. 4, 53 Stat. 1414; Aug. 18, 1941, ch. 377, Sec. 3, 55 Stat. 639; Dec. 22, 1944, ch. 665, Sec. 10, 58 Stat. 891; July 24, 1946, ch. 596, Sec. 10, 60 Stat. 643. AUTHORIZATION OF EXAMINATIONS AND SURVEYS Localities at which preliminary examinations and surveys are authorized to be made are listed in acts June 22, 1936, ch. 688, Sec. 6, 49 Stat. 1592; Aug. 28, 1937, ch. 877, Sec. 5, 50 Stat. 877; and June 28, 1938, ch. 795, Sec. 6, 52 Stat. 1223; Aug. 11, 1939, ch. 699, Sec. 6, 53 Stat. 1415; Aug. 18, 1941, ch. 377, Sec. 4, 55 Stat. 648; Dec. 22, 1944, ch. 665, Sec. 11, 58 Stat. 903; July 24, 1946, ch. 596, Sec. 11, 60 Stat. 651. CONTINUANCE OF EXAMINATIONS AND SURVEYS Localities at which the continuance of examinations and surveys already undertaken is authorized are listed in act June 22, 1936, ch. 688, Sec. 7, 49 Stat. 1596. -End- -CITE- 33 USC Sec. 701f-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701f-1. Additional authorization -STATUTE- The sum of $375,000,000 is hereby authorized to be appropriated for carrying out the improvements herein over the five-year period ending June 30, 1944, and the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of the Army and Agriculture for carrying out any examinations and surveys provided for in this Act and any other Acts of Congress, to be prosecuted by said Departments. The sum of $1,500,000 additional is authorized to be appropriated and expended by the Secretary of Energy for carrying out any examinations and surveys provided for in this Act or any other Acts of Congress, to be prosecuted by the said Secretary of Energy. -SOURCE- (June 28, 1938, ch. 795, Sec. 9, 52 Stat. 1226; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 95-91, title III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 578.) -REFTEXT- REFERENCES IN TEXT "Herein" and "this Act", referred to in text, mean act June 28, 1938, ch. 795, 52 Stat. 1215, as amended, popularly known as the Flood Control Act of June 28, 1938, which to the extent classified to the Code enacted sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1 1/2 , 702a-11, and 706 of this title. For complete classification of this Act to the Code, see Tables. -CHANGE- 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. -TRANS- TRANSFER OF FUNCTIONS "Secretary of Energy" substituted in text for "Federal Power Commission" on authority of Pub. L. 95-91, title III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 577, which is classified to section 7151(b) of Title 42, The Public Health and Welfare. For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees. -MISC1- ADDITIONAL AUTHORIZATION Sections 15 and 17 of act July 24, 1946, ch. 596, 60 Stat. 653, provided: "Sec. 15. That the sum of $772,000,000 is hereby authorized to be appropriated for carrying out improvements by the War Department [now Department of the Army], the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of War [now Army] and Agriculture for carrying out any examination or survey provided for in this Act and any other Acts of Congress to be prosecuted by said Departments. "Sec. 17. That the $5,000,000 authorized to be appropriated in section 10 of the Flood Control Act approved August 18, 1941 [set out as a note under this section], is reauthorized to be appropriated, and the sum of $20,000,000 additional is authorized to be appropriated, for expenditure by the Department of Agriculture for the prosecution of the works of improvement authorized to be carried out by that Department by the Flood Control Act of December 22, 1944 [act Dec. 22, 1944, ch. 665, 58 Stat. 887]." Act Aug. 18, 1941, ch. 377, Sec. 10, 55 Stat. 651, provided as follows: "That the sum of $275,000,000 is hereby authorized to be appropriated for carrying out the improvements herein, the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of War [now Army] and Agriculture for carrying out any examinations and surveys provided for in this Act and any other Acts of Congress to be prosecuted by said departments. There is also hereby authorized to be appropriated for expenditure by the Department of Agriculture in carrying on works of improvement of the character specified in section 7 of the Flood Control Act of June 28, 1938 [section 701b-1 of this title], and which the Department is not otherwise authorized to undertake, such additional sums, not to exceed $5,000,000, as may be necessary for that purpose. All appropriations necessary for operation and maintenance of flood- control works authorized by law to be operated and maintained by the United States are hereby authorized." -End- -CITE- 33 USC Sec. 701f-2 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701f-2. Funds for specific and authorized projects merged with and accounted for under regular annual appropriation -STATUTE- Funds on and after May 17, 1950, appropriated for a specific and heretofore authorized project for a river, harbor, or flood-control works shall be merged with and be accounted for under the regular annual appropriation title applicable to such item. -SOURCE- (May 17, 1950, ch. 188, title II, Sec. 207, 64 Stat. 182.) -End- -CITE- 33 USC Sec. 701f-3 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701f-3. Expenditure in watersheds of funds appropriated for flood prevention purposes -STATUTE- On and after May 23, 1955, the funds appropriated for flood prevention purposes may be expended in watersheds heretofore authorized by section 13 of the Flood Control Act of December 22, 1944, as amended, for necessary measures for the prevention of erosion, floodwater, and sediment damages, including gully control, floodwater detention, and floodway structures, in areas other than those over which the Department of the Army has jurisdiction and responsibility, and where the Army does have jurisdiction and responsibility, may enter into agreements with the Army to carry out jointly the measures heretofore set out and in areas where the Secretary is authorized to purchase land rights for structural measures, the Secretary in lieu of such acquisition, may reimburse local organizations for such proportionate share of the cost of land rights furnished by local organizations as the Secretary deems equitable in consideration of the national interest. -SOURCE- (May 23, 1955, ch. 43, title I, Sec. 101, 69 Stat. 54; Pub. L. 91- 566, title I, Sec. 101, Dec. 22, 1970, 84 Stat. 1484.) -REFTEXT- REFERENCES IN TEXT Section 13 of the Flood Control Act of December 22, 1944, referred to in text, is section 13 of act Dec. 22, 1944, ch. 665, 58 Stat. 905, which was not classified to the Code. Such section 13 authorized the following works of improvement for run-off and waterflow retardation, and soil erosion prevention: Los Angeles River Basin; Santa Ynez River Watershed; Trinity River Basin (Texas); Little Tallahatchie River Watershed; Yazoo River Watershed; Coosa River Watershed (above Rome, Georgia); Little Sioux River Watershed; Potomac River Watershed; Buffalo Creek Watershed (New York); Colorado River Watershed (Texas), and Washita River Watershed. -MISC1- AMENDMENTS 1970 - Pub. L. 91-566 empowered the Secretary, where the Army does have jurisdiction and responsibility, to enter into agreements with the Army to carry out jointly the measures heretofore set out and in areas where the Secretary is authorized to purchase land rights for structural measures, permitted the Secretary in lieu of such acquisition, to reimburse local organizations for such proportionate share of the cost of land rights furnished as the Secretary deems equitable in consideration of the national interest. -End- -CITE- 33 USC Sec. 701g 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701g. Removal of obstructions; clearing channels -STATUTE- The Secretary of the Army is authorized to allot not to exceed $7,500,000 from any appropriations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris, and clearing and straightening the channel in navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of flood control: Provided, That not more than $500,000 shall be expended for this purpose for any single tributary from the appropriations for any one fiscal year. -SOURCE- (Aug. 28, 1937, ch. 877, Sec. 2, 50 Stat. 877; Aug. 11, 1939, ch. 699, Sec. 1, 53 Stat. 1414; Aug. 18, 1941, ch. 377, Sec. 9, 55 Stat. 650; July 24, 1946, ch. 596, Sec. 13, 60 Stat. 652; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, Sec. 208, 68 Stat. 1266; Pub. L. 93-251, title I, Sec. 26, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99-662, title IX, Sec. 915(b), Nov. 17, 1986, 100 Stat. 4191.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 substituted "$7,500,000" for "$5,000,000" and "$500,000" for "$250,000". 1974 - Pub. L. 93-251 substituted "$5,000,000" for "$2,000,000" and "$250,000" for "$100,000". 1954 - Act Sept. 3, 1954, substituted "$2,000,000" for "$1,000,000" and "$100,000" for "$50,000". 1946 - Act July 24, 1946, substituted "$1,000,000" for "$500,000" and "$50,000" for "$25,000". 1941 - Act Aug. 18, 1941, substituted "$500,000" for "$300,000". 1939 - Act Aug. 11, 1939, authorized Secretary to allot instead of to approve amount for flood control and limited amount allotted instead of expended for any single tributary. -CHANGE- 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. -MISC2- EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99-662, set out as a note under section 426g of this title. -End- -CITE- 33 USC Sec. 701h 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701h. Contributions by States and political subdivisions -STATUTE- The Secretary of the Army is authorized to receive from States and political subdivisions thereof, such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized flood control or environmental restoration work whenever such work and expenditure may be considered by the Secretary of the Army, on recommendation of the Chief of Engineers, as advantageous in the public interest, and the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, be modified to provide additional storage capacity for domestic water supply or other conservation storage, on condition that the cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional storage capacity in a manner consistent with Federal uses and purposes: Provided, That when contributions made by States and political subdivisions thereof, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests. -SOURCE- (June 22, 1936, ch. 688, Sec. 5, as added July 19, 1937, ch. 511, Sec. 1, 50 Stat. 518; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 106-53, title II, Sec. 203, Aug. 17, 1999, 113 Stat. 285.) -COD- CODIFICATION Provisions of section 5 of act June 22, 1936, authorizing enumerated works of improvement were not classified to the Code. -MISC1- AMENDMENTS 1999 - Pub. L. 106-53 inserted "or environmental restoration" after "flood control". -CHANGE- 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. -End- -CITE- 33 USC Sec. 701h-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL -HEAD- Sec. 701h-1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment -STATUTE- Whenever any State or political subdivision thereof shall offer to advance funds for a flood-control project duly adopted and authorized by law the Secretary of the Army may in his discretion, receive such funds and expend the same in the immediate prosecution of such work. The Secretary of the Army is authorized and directed to repay without interest, from appropriations which may be provided by Congress for flood-control work, the moneys so contributed and expended: Provided, however, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, or under the authority of section 701h of this title, shall be made. -SOURCE- (Oct. 15, 1940, ch. 884, 54 Stat. 1176; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- 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. -End- -CITE- 33 USC Sec. 701i 01/02/2006