§ 702h. — Prosecution of project by Mississippi River Commission; president of commission; salaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC702h]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 702h. Prosecution of project by Mississippi River
Commission; president of commission; salaries
The project herein authorized shall be prosecuted by the Mississippi
River Commission under the direction of the Secretary of the Army and
supervision of the Chief of Engineers and subject to the provisions of
sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l,
702m, and 704 of this title. It shall perform such functions and through
such agencies as they shall designate after consultation and discussion
with the president of the commission. For all other purposes the
existing laws governing the constitution and activities of the
commission shall remain unchanged. The commission shall make inspection
trips of such frequency and duration as will enable it to acquire first-
hand information as to conditions and problems germane to the matter of
flood control within the area of its jurisdiction; and on such trips of
inspection ample opportunity for hearings and suggestions shall be
afforded persons affected by or interested in such problems. The
president of the commission shall be the executive officer thereof and
shall have the qualifications prescribed by law on May 15, 1928, for the
Assistant Chief of Engineers, shall have the title brigadier general,
Corps of Engineers, and shall have the rank, pay, and allowances of a
brigadier general while actually assigned to such duty: Provided, That
the incumbent of the office on May 15, 1928, may be appointed a
brigadier general of the Army, retired, and shall be eligible for the
position of president of the commission if recalled to active service by
the President under the provisions of existing law.
The official salary of any officer of the United States Army or
other branch of the Government appointed or employed under sections
702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m,
and 704 of this title shall be deducted from the amount of salary or
compensation provided by, or which shall be fixed under, the terms of
such sections.
(May 15, 1928, ch. 569, Sec. 8, 45 Stat. 537; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 106-53, title V, Sec. 558,
Aug. 17, 1999, 113 Stat. 354.)
References in Text
Herein, referred to in text, means act May 15, 1928, ch. 569, 45
Stat. 534, as amended, which enacted sections 702a, 702b to 702d, 702e
to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For
complete classification of this Act to the Code, see Tables. The
``project herein authorized'' was specifically authorized by section
702a of this title.
Codification
Provisions of the second paragraph, as amended by Pub. L. 106-53,
that read: ``The salary of the president of the Mississippi River
Commission shall hereafter be $10,000 per annum, and the salary of the
other members of the commission shall hereafter be $21,500 per annum.''
were omitted as obsolete and superseded by the Classification Act of
1949, 63 Stat. 954, 972. The Classification Act of 1949 was repealed by
Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632, and reenacted as
chapter 51 and subchapter III of chapter 53 of Title 5, Government
Organization and Employees. Section 5102 of Title 5 contains the
applicability provisions of the 1949 Act, and section 5103 of Title 5
authorizes the Office of Personnel Management to determine the
applicability to specific positions and employees.
Amendments
1999--Pub. L. 106-53 amended provisions which were omitted from the
second paragraph by substituting ``$21,500'' for ``$7,500''. See
Codification note above.
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.
Section Referred to in Other Sections
This section is referred to in sections 701c-1, 701e, 702a, 702a-
1\1/2\, 702a-1\3/4\, 702a-11, 702c, 702i, 702j, 702m, 702n of this
title.