§ 701. — Flood control generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 701. Flood control generally
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.
(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.)
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.
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 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.
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.
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.
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.
