EP 1165-2-1
30 Jul 99
Reports") on comprehensive development for navigation, waterpower, and
flood control. This provided Congress basis for some emergency relief
projects of the l930's and the basic plan of TVA. (45 Stat. 534).
B-47. 15 May
1928, Public Law 391, 7Oth Congress--The Flood Control
Act of 1928.
Comprehensive MR&T. Section 1 authorized the
comprehensive
plan for control of the Mississippi River and
tributaries.
(45 Stat. 534, 33 U.S.C. 7O2a).
B-48. 3 July 1930, Public Law 520, 7lst Congress--River and Harbor
Act. Beach Erosion Board Established. Section 2 established the
Beach Erosion Board (BEB). This Act of Congress provided for the
Federal Government to make shore and beach protection studies in
cooperation with local interests. The BEB was directed to furnish
technical assistance and review reports of the investigations (46
Stat. 945, 33 U.S.C. 426). NOTE: The Act of 7 November 1963 abolished
BEB, transferred review functions to BERH, and established the Coastal
Engineering Research Center.
B-49. 10 February 1932, Public Law 16, 72d Congress--Recreational
Boating. "The Fletcher Act" broadened the scope of Federal interest
in navigation to include as "commerce" the use of waterways by
"seasonal passenger craft, yachts, houseboats, fishing boats,
motorboats, and other similar water craft, whether or not operated for
hire". (47 Stat. 42, 33 U.S.C. 541)
B-50. 16 June 1933, National Industrial Recovery Act. Under the
provisions of this legislation, President Franklin D. Roosevelt
authorized the construction of several Corps locks and dams, including
Fort Peck and Bonneville.
B-51. 23 April 1934, Payment for Levee Rights-of-Way in the Lower
Mississippi Valley (Overton-Dear Act). This Act resolved the bitter
controversy which had arisen from conflicting interpretations of the
1928 Flood Control Act. The government abandoned its efforts to compel
owners of property along the tributaries of the lower Mississippi
River to donate levee rights-of-way at no cost to the Government.
B-52. 30 August 1935, Public Law 409, 74th Congress--River and Harbor
Act.
Content of Survey Reports. Section 5 required that studies of
the improvement of the entrance of the mouth of any river or of any
inlet contain information concerning the possible accretion/erosion
effects of the improvements on the shoreline for at least 10 miles on
either side (49 Stat. 1048, 33 U.S.C. 546a).
B-53. 22 June 1936, Public Law 738, 74th Congress--Flood Control Act.
Federal Interest. Section 1 declared flood control to be a proper
Federal activity; that improvements 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 for flood control "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. 7Ola).
Jurisdiction. Section 2 set forth the jurisdiction of Federal
activities and prescribed among other things, "That, 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 Army Department under direction of
B-8
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