Page images
PDF
EPUB

545

FLOOD CONTROL ACT OF 1936

[Extracts from] An act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes. (Act of June 22, 1936, ch. 688, 49 Stat. 1570)

DECLARATION OF POLICY

[Sec. 1. Federal-State cooperation in flood control.]—It is hereby 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. (49 Stat. 1570; 33 U.S.C. § 701e)

Sec. 2. [Federal investigations of rivers and other waterways-Jurisdiction of Departments of Army, Agriculture, and Interior.]-Hereafter, 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 War Department under the direction of the Secretary of War 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 War shall be guided as to flood-control measures by the principles set forth in section 1 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. (49 Stat. 1570; Act of June 28, 1938, 52 Stat. 1215; Act of August 18, 1941, 55 Stat. 638; Act of August 4, 1954, 68 Stat. 668; 33 U.S.C. § 701b)

EXPLANATORY NOTE

1954 Amendment. Section 7 of the Act of August 4, 1954, the Watershed Protection and Flood Prevention Act, repealed the authority formerly contained in this section and in section 1 of the Flood Control Act of June 28, 1938, of the Secretary of Agriculture over Federal investigations of watersheds and measures for run-off and

water flow retardation and soil erosion prevention on watersheds. However, similar authority contained in section 2 of the Flood Control Act of 1944 was preserved, as well as emergency authority provided in section 7 of the Flood Control Act of 1938, 52 Stat. 1215, as amended by section 216 of the Act of May 17, 1950, 64 Stat. 163.

546

FLOOD CONTROL ACT OF 1936

The 1954 Act and extracts from the 1938 and 1944 Acts appear herein in chronological order.

Moreover, the 1954 Act and other acts provide general authority for the Secretary of Agriculture with respect to these matters. Sec. 3. [Responsibility of State to share costs of flood control.]—Hereafter no money appropriated under authority of this Act 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 War 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 War: 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 onehalf 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 War 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 subaivisions 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 War 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 War 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 War 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. (49 Stat. 1571; Act of August 28, 1937, 50 Stat. 877; 33 U.S.C. § 701c)

FLOOD CONTROL ACT OF 1936
EXPLANATORY NOTE

1938 Modification. Section 2 of the Flood Control Act of 1938, approved June 28, 1938, 52 Stat. 1215, modified the requirements set forth in section 3 of this Act for financial participation of States and their

547

political subdivisions in flood control projects. Extracts from the 1938 Act, including section 2 of the Act, appear herein in chronological order.

Sec. 4. [Interstate compacts authorized.]-The consent of Congress is hereby 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 War, 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 War, 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. (49 Stat. 1571; 33 U.S.C. § 701d)

*

EXPLANATORY NOTE

Legislative History. H.R. 8455, Public Law 738 in the 74th Congress. S. Rept. No.

1963. H.R. Rept. No. 2198 (conference report).

548

INTERIOR DEPARTMENT APPROPRIATION ACT, 1937

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1937, and for other purposes. (Act of June 22, 1936, ch. 691, 49 Stat. 1757)

[blocks in formation]

[Boulder Canyon project-power revenues.]-Boulder Canyon project: Provided, That not to exceed $350,000 from revenues shall be available for the operation and maintenance of the Boulder Dam, power plant, and other incidental operations. (49 Stat. 1785)

EXPLANATORY NOTE

Provision Repeated. Similar appropriations of funds from power and other revenues for operation, maintenance and replacement purposes at Boulder Canyon project are contained in each subsequent

annual Interior Department Appropriation Act through the Act of July 3, 1945, 59 Stat. 341. Thereafter, appropriations for these purposes are made from the Colorado River dam fund.

[All-American Canal.]-Boulder Canyon project (All-American Canal): For continuation of construction of a diversion dam, and main canal (and appurtenant structures) located entirely within the United States connecting the diversion dam with the Imperial and Coachella Valleys in California; to acquire by proceedings in eminent domain, or otherwise, all lands, rights-of-way, and other property necessary for such purposes; and for incidental operations, as authorized by the Boulder Canyon Project Act, approved December 21, 1928 (U.S.C., title 43, ch. 12a); to be immediately available and to remain available until advanced to the Colorado River Dam Fund,.... (49 Stat. 1785)

[blocks in formation]
[blocks in formation]

[Boulder Dam recreational area.]-Boulder Canyon project, Arizona and Nevada: For administration, protection, and maintenance of the recreational activities of the Boulder Canyon project and any lands that may be added thereto by Presidential or other authority, including not exceeding $1,050 for the purchase, maintenance, operation, and repair of motor-driven passenger-carrying vehicles, $10,000. (49 Stat. 1794)

[merged small][merged small][merged small][ocr errors][merged small]

[Roads and trails, Boulder Dam recreational area.]-Roads and Trails, National Park Service: For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in the national parks, monuments, and other areas administered by the National Park Service, including the Boulder Dam Reservation, and other areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (U.S.C., title 16, sec. 8a and 8b), as amended, . . . (49 Stat. 1795)

[ocr errors]
[blocks in formation]
« PreviousContinue »