EP 1165-2-1
30 Jul 99
the Secretary of the Army and supervision of the Chief of Engineers"
(49 Stat. 1570, 33 U.S.C. 7Olb).
Local Cooperation. Section 3 stipulated for the projects authorized
therein what have become known as the "a-b-c" requirements of local
cooperation; that local interests should: (a) provide without cost to
the United States all lands, easements, and rights-of-way necessary
for the construction of the project; (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 the Army (49 Stat. 1571, 33
U.S.C. 7Olc). Requirement (b) was amended by Section 9 of the Water
Resources Development Act (WRDA) of 1974 (Public Law 93-251).
B-54. 26 June 1936, An Act For the Improvement and Protection of the
Beaches Along the Shores of the United States. Federal Assistance.
Section 1 provided for Federal assistance in the construction, but not
maintenance, of shore improvement and protection projects to prevent
coastal erosion in areas where "Federal interests" were involved.
Investigations. Section 2 authorized the Beach Erosion Board to make
investigations to determine "the most suitable means of beach
protection and restoration of beaches in different localities" and to
advise states, political subdivisions, and individuals of appropriate
places for recreational facilities, and to publish its findings.
Beach Erosion Board Opinion. Section 3 directed the Beach Erosion
Board, when making reports on potential shore protection projects, to
state its opinion on the advisability of the project, the Federal
interest in the project, and the share of the expense that should be
borne by the United States.
B-55. 19 July 1937, Public Law 208, 75th Congress--Contributed Funds.
Authorized the Secretary of the Army to receive and expend funds
contributed by states and political subdivisions in connection with
funds appropriated by the United States for flood control projects
when considered advantageous to the public interest (50 Stat. 518, 33
U.S.C. 7Olh).
B-56. 28 August 1937, Public Law 406, 75th Congress--Flood Control
Act. Clearing and Snagging. Section 2 authorized small clearing and
snagging projects for flood control, limited in Federal cost per
project (50 Stat. 877, 33 U.S.C. 7Olg). Subsequently amended 24 July
1946 by Section 13, Public Law 526, 79th Congress; 24 September 1954
by Section 208, Public Law 780, 83d Congress (these projects are
customarily referred to as "Section 208 Projects"); 7 March 1974 by
Section 26, Public Law 93-251, and 17 November 1986 by Section 915(b),
Public Law 99-662. The latter amended the Federal limit per project
to 0,000.
B-57. 20 June 1938, Public Law 685, 75th Congress--River and Harbor
Act of 1938. Land Exchange. Section 2 authorized the Secretary of
the Army upon the recommendation of the Chief of Engineers, to
exchange land or other property of the Government for private lands or
property which may be advisable in the execution of authorized work of
river and harbor improvement.
Easements. Section 10 authorized the Secretary of the Army to grant
easements for rights-of-way for public roads across Federal lands.
(52 Stat. 804, 33 U.S.C. 558b).
B-58. 28 June 1938, Public Law 761, 75th Congress--Flood Control Act
of 1938. Modified a-b-c's. Section 2 modified the Flood Control Act
of 22 June 1936 eliminating the a-b-c requirements for flood control
reservoirs, channel improvement or channel rectification projects.
B-9
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