EP 1165-2-1
30 Jul 99
Lands, easements and rights-of-way include highway, railway and
utility relocation. Amended by Act of 18 August 1941 (52 Stat. 1215,
33 U.S.C. 701 c-1).
Flood Area Evacuation. Section 3 provided for modification of
authorized projects to provide for evacuation of all or parts of flood
areas where such action would substantially reduce protection costs of
authorized flood walls or levees (52 Stat. 1216, 33 U.S.C. 7Oli).
Future Power. Section 4 authorized installation of facilities for
future power use when approved by the Secretary of the Army on
recommendation of the Chief of Engineers and the Federal Power
Commission (52 Stat. 1216, 33 U.S.C. 7Olj).
B-59. 4 August 1939, Public Law 260, 76th Congress--Reclamation
Project Act of 1939. Section 9(b) permitted the Bureau of
Reclamation to allocate part of reclamation project costs to flood
control and navigation. In connection with the making of such an
allocation, the Secretary of Interior shall consult with Chief of
Engineers and Secretary of the Army and may perform necessary
investigations or studies under a cooperative agreement with the
Secretary of the Army (53 Stat. 1193, 43 U.S.C. 485h).
B-60. 1 February 1940, Public Law 409, 76th Congress. Federal
Jurisdiction. Repealed the provision of the Joint Resolution of 11
September 1841 requiring state consent to the purchase of land for
Federal buildings prior to the expenditure of public funds at the
site. The Federal Government would henceforth have the option of
obtaining civil and criminal jurisdiction at each site. This law
eliminated the legal ability of state governments to veto Federal
navigational or flood control projects.
B-61. 21 June 1940, Public Law 647, 77th Congress--Bridge
Alterations. The Bridge Alteration Act (Truman-Hobbs Act) provided
for apportionment, between the U.S. and the owners, of the cost of
altering or relocating railroad and combined railroad and highway
bridges, when found unreasonably obstructive to navigation. (Amended
16 July 1952 to be applicable to public highway bridges also). The
owner must bear the part of the cost attributable to direct and
special benefits accruing to the owner and the U.S. pays the balance
including that attributable to the necessities of navigation (54 Stat.
497, 33 U.S.C. 516). Corps responsibility for administration of the
Act were transferred to Department of Transportation 15 Oct 1966.
Section 6 remains the basis for sharing cost of bridge changes in
navigation survey reports.
B-62. 18 August 1941, Public Law 228, 77th Congress--Flood Control
Act of 1941. Local Cooperation. Section 2 modified the 1936 and the
1938 Flood Control Acts (FCA) and required the a-b-c requirements only
for channel and local protection projects and not for flood control
reservoirs. This section also provided that authorization for any
flood control project shall expire unless cooperation is furnished
within 5 years after notification. This provision has been included
in subsequent Flood Control Acts (55 Stat. 638, U.S.C. 701-c).
Emergency Flood Control Work. Section 5 authorized
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million per
year to be used for rescue work or repair, restoration or
maintenance of damaged or threatened flood control works. (Section 5
was subsequently amended by Section 12 of the 1946 FCA; Section 206 of
the 1948 FCA; Section 210 of the 1950 FCA; Public law 84-99; Section
206 of the 1962 FCA; Section 917 of WRDA 1986; Section 9 of the Farm
Disaster Assistance Act of 1987; Section 302 of WRDA 1990; and Section
202 of WRDA 1996.)
B-10
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