§ 701m. Insufficient Congressional authorization; preparations for and modification of project

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1941

   Pub. L. 77–377 § 2 · 55 Stat. 638

   Enacted · 33 U.S.C. § 701m

   (Aug. 18, 1941, ch. 377, § 2, 55 Stat. 638.)

   Source evidence

   Code source credit
   (Aug. 18, 1941, ch. 377, § 2, 55 Stat. 638.)

   Enacted provision · exact public law section
   Sec. 2. That section 3 of the Act approved June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), as amended by section 2 of the Act approved June 28, 1938 (Public, Numbered 761, Seventy-fifth Congress), shall apply to all works authorized in this Act, 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, shall apply thereto, and except as otherwise provided Provisos. Repeals. 50 Stat. 877; 53 Stat. 1417. by law: Provided, That the third proviso of section 1 of the Flood Control Act approved August 28, 1937 (Public, Numbered 406, 75th Congress) and all of section 8 of the Flood Control Act approved August 11, 1939, (Public, Numbered 396, 76th Congress) are hereby Assurances of local cooperation; time limitation. repealed: Provided further, That the authorization for any flood-control project heretofore or herein adopted requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the War Department of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of War that the Initiating projects when total authorization insufficient. required cooperation will be furnished: And provided further, That in any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-of-way; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the construction Construction of smaller dams. of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a Location. useful improvement within an authorization: Provided, That the smaller structure shall be located on the chosen site so that it will be feasible at some future time to enlarge the work in order to permit the full utilization of the site for all purposes of conservation such as flood control, navigation, reclamation, the development of hydroelectric power, and the abatement of pollution.

1 of 1 references resolved to an enrolled provision