§ 701b-1. — Transfer of jurisdiction in certain cases to Department of Agriculture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701b-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 701b-1. Transfer of jurisdiction in certain cases to
Department of Agriculture
In order to effectuate the policy declared in sections 701a and 701b
of this title, and to correlate the program for the improvement of
rivers and other waterways by the Department of the Army with the
program for the improvement of watersheds by the Department of
Agriculture, works of improvement for measures of run-off and water-flow
retardation and soil-erosion prevention on the watersheds of waterways,
for which works of improvement for the benefit of navigation and the
control of destructive floodwaters and other provisions have been
adopted and authorized to be prosecuted under the direction of the
Secretary of the Army and supervision of the Chief of Engineers, are
authorized to be prosecuted by the Department of Agriculture under the
direction of the Secretary of Agriculture and in accordance with plans
approved by him. The Secretary of Agriculture is authorized in his
discretion to undertake such emergency measures for run-off retardation
and soil-erosion prevention as may be needed to safeguard lives and
property from floods and the products of erosion on any watershed
whenever fire or any other natural element or force has caused a sudden
impairment of that watershed: Provided, That not to exceed $300,000 out
of any funds heretofore or hereafter appropriated for the prosecution by
the Secretary of Agriculture of works of improvement or measures for
run-off and water-flow retardation and soil-erosion prevention on
watersheds may be expended during any one fiscal year for such emergency
measures. For prosecuting said work and measures there is authorized to
be appropriated the sum of $10,000,000 to be expended at the rate of
$2,000,000 per annum during the five-year period ending June 30, 1944:
Provided, That such works and measures which are herein authorized to be
prosecuted by the Department of Agriculture may be carried out on the
watersheds of the Rio Grande and Pecos Rivers subject to the proviso in
section 701b of this title.
(June 28, 1938, ch. 795, Sec. 7, 52 Stat. 1225; Dec. 22, 1944, ch. 665,
Sec. 15, 58 Stat. 907; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; May 17, 1950, ch. 188, title II, Sec. 216, 64 Stat. 184.)
Amendments
1950--Act May 17, 1950, substituted ``$300,000'' for ``$100,000''.
1944--Act Dec. 22, 1944, inserted provisions authorizing Secretary
of Agriculture to undertake emergency work and limiting amount of annual
expenditures for such work.
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.
Savings Provision
Authority of Secretary of Agriculture under this section as
unaffected by repeal of Secretary's authority under section 701b of this
title, see section 7 of act Aug. 4, 1954, set out as a note under
section 701b of this title
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 701b-4, 701c-1, 701f-1, 701j
of this title.
