[Laws applicable to works of improvement relating to flood control.] All the provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, so far as applicable, to examinations and surveys and to works of improvement relating to flood control. And all expenditures of funds appropriated for works and projects relating to flood control shall be made in accordance with and subject to the law governing the disbursement and expenditure of funds appropriated for the improvement of rivers and harbors.
[Examinations and surveys; details from Government departments; reports.] All examinations and surveys of projects relating to flood control shall include a comprehensive study of the watershed or watersheds, and the report thereon in addition to any other matter upon which a report is required shall give such data as it may be practicable to secure in regard to (a) the extent and character of the area to be affected by the proposed improvement; (b) the probable effect upon any navigable water or waterway; (c) the possible economical development and utilization of water power; and (d) such other uses as may be properly related to or coordinated with the project. And the heads of the several departments of the Government may, in their discretion, and shall upon the request of the Secretary of the Army, detail representatives from their respective departments to assist the Engineers of the Army in the study and examination of such watersheds, to the end that duplication of work may be avoided and the various services of the Government economically coordinated therein: Provided, That all reports on preliminary examinations hereafter authorized, together with the report of the Board of Engineers for Rivers and Harbors thereon and the separate report of the representative of any other department, shall be submitted to the Secretary of the Army by the Chief of Engineers, with his recommendations, and shall be transmitted by the Secretary of the Army to the House of Representatives, and are ordered to be printed when so made.
[Reports by Board of Engineers for Rivers and Harbors.] In the consideration of all works and projects relating to flood control which may be submitted to the Board of Engineers for Rivers and Harbors for consideration and recommendation, said board shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) what Federal interest, if any, is involved in the proposed improvement; (b) what share of the expense, if any, should be borne by the United States; and (c) the advisability of adopting the project.
Notes of Decisions
Standing Rock Sioux Tribe v. United States Army Corps of Engineers, 255 F. Supp. 3d 101 (D.D.C. 2017).
· cites it 2× “*149 To challenge the Corps’ decision that DAPL would not impair the ability of the Lake Oahe project to function as authorized and would not compromise or change any of its conditions, purposes, or outputs, the Tribe first points to 33 U.S.C. § 701 — 1(b), a provision of the…”
Am. Textile Mfrs. Inst., Inc. v. Donovan, 452 U.S. 490 (1981).
· cites it 2× “One early example is the Flood Control Act of 1936, 33 U. S. C. § 701 : "[T]he Federal Government should improve or participate in the improvement of navigable waters or their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever…”
United States v. James, 478 U.S. 597 (1986).
· cites it 2× “534 , 33 U. S. C. § 701 et seq., outlines immunity in sweeping terms: "No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place.”
Ideker Farms, Inc. v. United States, 71 F.4th 964 (Fed. Cir. 2023).
· cites it 2× “The Flood Control Act (FCA) of 1944 authorized the construction of a series of dams to create a reservoir storage system designed to con- tain excess water and reduce flooding.”
Am. Rivers v. United States Army Corps of Engineers, 271 F. Supp. 2d 230 (D.D.C. 2003).
· cites it 2× “Plaintiffs assert claims against the Corps and the Secretary of the Army under the ESA, the Flood Control Act of 1944 (“FCA”), 33 U.S.C. §§ 701 , et seq, and the Administrative Procedure Act (“APA”), 5 U.”
Olivier Plantation, L.L.C. v. Par. of St. Bernard, 151 So. 3d 965 (La. Ct. App. 2014).
· cites it 3× “See Flood Control Act of 1965, Public Law 89-298 ; 33 U.S.C. § 701 (n). Based on my review of the law, facts, and evidence in this case, I find the taking of the plaintiffs’ property was the result of an exclusively federal project for which the Parish and the Levee District…”
Henderson Cnty. Drainage Dist. No. 3 v. United States, 55 Fed. Cl. 334 (Fed. Cl. 2003).
“The public flood emergency assistance program derives from a series of Flood Control Acts, 33 U.S.C. §§ 701 -709a (2001), under which the Corps aids drainage districts in their flood protection by making certain levee improvements.”
Vera Zabala Clemente v. United States, 567 F.2d 1140 (1st Cir. 1978).
“Although the relevant statute in Kirk , 33 U.S.C. § 701 (b) made no specific reference to safety, other cases in accord with the holding of Kirk concern Atomic Energy Commission contracts and research under 42 U.”
Creppel v. United States Army Corps of Engineers, 500 F. Supp. 1108 (E.D. La. 1980).
· cites it 4× “COPRS’ DUTY UNDER 33 U.S.C. § 701 Plaintiffs contend the Corps is abandoning the Project and that it has no authority to do so under certain sections of 33 U.”
Florida v. Georgia, 138 S. Ct. 2502 (2018).
“The current manual dictates the minimum amount of water that the Corps must provide to the Apalachicola River under various conditions.”
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