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33 U.S.C. § 701mInsufficient Congressional authorization; preparations for and modification of project

submitted 85 years ago by ch. 377 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 181 words · no verdicts yet

in plain englishAI-generated · not legal advice

When existing authorization is insufficient, the Chief of Engineers may fund preparations and may make an authorized dam or work smaller, but must preserve the possibility of later enlargement for full conservation uses.

If Congress’s authorization for a project is not enough to complete its plans, the Chief of Engineers may spend money on preparations such as acquiring land, easements, and rights-of-way; moving roads, railroads, and utilities; removing towns, cemeteries, and homes from a reservoir site; and building foundations. The Chief may also make an authorized dam or other work smaller so a useful improvement can be completed within the authorization. The smaller work must be placed so it can later be enlarged to use the site fully for flood control, navigation, reclamation, hydroelectric power, and pollution reduction.
the actual law source: uscode.house.gov ↗public domain

In any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-of-way; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the construction of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a useful improvement within an authorization: Provided, That the smaller structure shall be located on the chosen site so that it will be feasible at some future time to enlarge the work in order to permit the full utilization of the site for all purposes of conservation such as flood control, navigation, reclamation, the development of hydroelectric power, and the abatement of pollution.

Source credit: (Aug. 18, 1941, ch. 377, § 2, 55 Stat. 638.)

history & why it existsrecord from the source credit
  • 1941Enacted · Act of Aug. 18, 1941, ch. 377 · 55 Stat. 638

A history note hasn’t been published yet. The record shows enactment by ch. 377 on 1941-08-18.

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