EP 1165-2-1
30 Jul 99
Army to receive contributions from private parties for expenditure
with Federal funds on authorized river and harbor improvements (38
Stat. 1053, 33 U.S.C. 560).
Bends. Section 5 provides that channel dimensions include increases
at entrances, bends, sidings, and turning places for free movement of
vessels.
Anchorages. Section 7 authorized the Secretary of the Army to
establish anchorage grounds for vessels in all harbors, rivers, bays
and other navigable waters (38 Stat. 1053, 33 U.S.C. 471). NOTE: This
function was transferred to Secretary of Transportation by the
Department of Transportation Act of 15 Oct 1966, Public Law 89-670.
B-35. 1 March 1917, Public Law 367, 64th Congress--Flood Control Act.
Flood Control. Federal construction of flood control improvements was
extended outside the Mississippi Valley for the first time. Section 2
authorized a project for the Sacramento River, California (39 Stat.
949, 33 U.S.C. 703).
Contents of Survey for Flood Control. Section 3 provided that all
provisions of existing law on reports and projects for rivers and
harbors should apply, insofar as applicable, to flood control and
prescribed that all surveys for flood control should include a
comprehensive study of the watershed, including water power, the
effect of the improvement on navigation, and "such other uses as maybe
properly related to or coordinated with the project." This
legislation is generally considered the first Federal flood control
law.
BERH Opinion. Requires BERH, in considering flood control projects,
to state its opinion as to Federal interest, share of expense to be
borne by the Federal Government, and advisability of adopting
projects. (39 Stat. 950, 33 U.S.C. 701).
B-36. 8 August 1917, Public Law 37, 65th Congress--River and Harbor
Act of 1917. Condemnation Proceedings. Section 9 authorized the
Secretary of the Army to institute condemnation proceedings in the
name of the United States for the acquisition of any land or easement
whenever any state, any reclamation, flood control or drainage
district, or other public agency created by the state is unable to
obtain such land or easement for projects authorized by Congress (40
Stat. 267, 33 U.S.C. 593).
B-37. 18 July 1918, Public Law 200, 65th Congress--River and Harbor
Act of 1918. Condemnation. Section 5 granted the Secretary of the
Army the right to take immediate possession of lands on which he has
instituted condemnation proceedings in the name of the United States
for the acquisition of dry lands, easements, or rights-of-way needed
for authorized river and harbor improvements.
Compensation Determination. Section 6 stated that when only part of a
parcel of land is taken for navigational improvements, "any special
and direct benefits" which those improvements will cause the remainder
of the parcel must be taken into account in determining compensation
(40 Stat. 911, 33 U.S.C. 594-95).
B-38. 2 March 1919, Public Law 323, 65th Congress--River and Harbor
Appropriation Act. Public Terminal. Section 1 stated the policy of
Congress that "...at least one public terminal should exist,
constructed, owned, and regulated by the municipality, or other public
agency of the state and open to the use of all on equal terms,..." (40
Stat. 1286, 33 U.S.C. 551).
Contract Price. Section 8 provided that contract price should not
exceed by 25 percent the estimated cost of doing work by government
B-6
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