§ 701s. — Small flood control projects; appropriations; amount limitation for single locality; conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701s]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 701s. Small flood control projects; appropriations; amount
limitation for single locality; conditions
The Secretary of the Army is authorized to allot from any
appropriations heretofore or hereafter made for flood control, not to
exceed $50,000,000 for any one fiscal year, for the implementation of
small structural and nonstructural projects for flood control and
related purposes not specifically authorized by Congress, which come
within the provisions of section 701a of this title, when in the opinion
of the Chief of Engineers such work is advisable. The amount allotted
for a project shall be sufficient to complete Federal participation in
the project. Not more than $7,000,000 shall be allotted under this
section for a project at any single locality. The provisions of local
cooperation specified in section 701c of this title shall apply. The
work shall be complete in itself and not commit the United States to any
additional improvement to insure its successful operation, except as may
result from the normal procedure applying to projects authorized after
submission of preliminary examination and survey reports.
(June 30, 1948, ch. 771, title II, Sec. 205, 62 Stat. 1182; May 17,
1950, ch. 188, title II, Sec. 212, 64 Stat. 183; July 11, 1956, ch. 558,
70 Stat. 522; Pub. L. 87-874, title II, Sec. 205, Oct. 23, 1962, 76
Stat. 1194; Pub. L. 93-251, title I, Sec. 61, Mar. 7, 1974, 88 Stat. 29;
Pub. L. 94-587, Sec. 133(b), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 97-
140, Sec. 2(a), Dec. 29, 1981, 95 Stat. 1717; Pub. L. 99-662, title IX,
Sec. 915(a), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 106-53, title II,
Sec. 201, Aug. 17, 1999, 113 Stat. 285; Pub. L. 106-541, title II,
Sec. 218, Dec. 11, 2000, 114 Stat. 2596.)
Amendments
2000--Pub. L. 106-541 substituted ``$50,000,000'' for
``$40,000,000'' in first sentence.
1999--Pub. L. 106-53, in first sentence, substituted
``implementation of small structural and nonstructural projects'' for
``construction of small projects'' and, in third sentence, substituted
``$7,000,000'' for ``$5,000,000''.
1986--Pub. L. 99-662 substituted ``$40,000,000'' for ``$30,000,000''
and ``$5,000,000'' for ``$4,000,000''.
1981--Pub. L. 97-140 substituted ``Not more than $4,000,000 shall be
allotted under this section for a project at any single locality'' for
``Not more than $2,000,000 shall be allotted under this section for a
project in any single locality, except that not more than $3,000,000
shall be allotted under this section for a project at a single locality
if such project protects an area which has been declared to be a major
disaster area pursuant to the Disaster Relief Act of 1966 or the
Disaster Relief Act of 1970 in the five-year period immediately
preceding the date the Chief of Engineers deems such work advisable''.
1976--Pub. L. 94-587 increased limitation on allotment for a project
at a single locality from $1,000,000 to $2,000,000 and for such a
project protecting a major disaster area from $2,000,000 to $3,000,000.
1974--Pub. L. 93-251, in revising provisions, increased fiscal year
allotment to $30,000,000 from $25,000,000 and required allotment of
$2,000,000 for a project at a single locality if such locality protects
an area declared to be a major-disaster area pursuant to Disaster Relief
Act of 1966 or Disaster Relief Act of 1970 in five-year period
immediately preceding the date the Chief of Engineers deems such work
advisable.
1962--Pub. L. 87-874 substituted ``$25,000,000'' for
``$10,000,000'', ``projects for flood control and related purposes'' for
``flood control projects'', and provisions limiting the allotment for a
single project to $1,000,000 and providing that such allotment shall be
sufficient to complete Federal participation, for provisions limiting
the allotment for any single project to $400,000 from the appropriations
for any fiscal year.
1956--Act July 11, 1956, substituted ``$10,000,000'' for
``$3,000,000'', struck out ``and not within areas intended to be
protected by projects so authorized'' before ``which come within the
provisions of section 701a of this title'', and substituted ``$400,000''
for ``$150,000''.
1950--Act May 17, 1950, substituted ``$3,000,000'' for
``$2,000,000'' and ``$150,000'' for ``$100,000''.
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.
Effective Date of 1981 Amendment
Section 2(b) of Pub. L. 97-140 provided that: ``The amendment made
by this section [amending this section] shall not apply to any project
under contract for construction on the date of enactment of this Act
[Dec. 29, 1981].''
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-587 not applicable to any project under
contract for construction on Oct. 22, 1976, see section 133(c) of Pub.
L. 94-587, set out as a note under section 577 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2282, 2290 of this title.
