33 U.S.C. § 701b
Supervision of Secretary of the Army; reclamation projects unaffected
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 Department of the Army under the direction of the Secretary of the Army and supervision of the Chief of Engineers, except as otherwise provided by Act of Congress; and in his reports upon examinations and surveys, the Secretary of the Army shall be guided as to flood-control measures by the principles set forth in section 701a of this title in the determination of the Federal interests involved: Provided, That the foregoing grant of authority shall not interfere with investigations and river improvements incident to reclamation projects that may now be in progress or may be hereafter undertaken by the Bureau of Reclamation of the Interior Department pursuant to any general or specific authorization of law.
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 1940–2024 · leading case: GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016).
GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016). “See 33 U.S.C. § 701b (“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 Department of the Army under the direction of the Secretary of the Army and…”
Env't Def. Fund, Inc. v. Robert F. Froehlke, Sec'y of the Army, 473 F.2d 346 (8th Cir. 1972). “33 U.S.C. § 701b. The decisions of the Corps of Engineers figure importantly in the planning of flood control projects.”
Martha M. Kirk, an Adult, & Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. United States, 270 F.2d 110 (9th Cir. 1959). “The statute relied upon by the appellants to support their position is 33 U.S.C.A. § 701b, which provides: “ * * * improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the Department of the…”
Coalition for the Env't v. John A. Volpe, Coalition for the Env't v. Linclay Dev. Corp., 504 F.2d 156 (8th Cir. 1974). “1215 , now codified at 33 U.S.C. §§ 701b, 701j (1970). 9 . Pub.L.”
Martha M. Kirk, an Adult, & Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. The United States of Am., 232 F.2d 763 (9th Cir. 1956). “It would appear that this was a flood control project of the kind described in Title ' 33 U.S.C.A. § 701b. 6 . The Cerri case was cited with approval in Air Transport Associates v.”
GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Engineers, 38 F. Supp. 3d 1365 (N.D. Ga. 2014). “See 33 U.S.C. § 701b (“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 Department of the Army under the direction of the Secretary of the Army and…”
Roe v. Unocal Corp., 70 F. Supp. 2d 1073 (C.D. Cal. 1999). “§ 3031 (b)(5) and 33 U.S.C. § 701b. In light of this fact, the Court is hard pressed to conclude that Roe *1081 IX has properly alleged a violation of international law.”
Sierra Club v. Bergland, 451 F. Supp. 120 (N.D. Miss. 1978). “The work on private property is sought to be authorized as ameliorating a sudden impairment of the watershed justifying emergency relief authorized and funded through appropriations under § 216 of the Flood Control Act of 1950, 33 U.S.C. § 701b — 1; 33 CFR § 320-29 . The Corps…”
S. Counties Gas Co. of Cal. v. United States, 157 F. Supp. 934 (Ct. Cl. 1958). “638 , 33 U.S.C.A. §§ 701b, 701e, note, 701m, a flood control project, including a dam, has been erected by the Corps of Engineers, United States Army, to control the flood waters of the Rio Hondo and San Gabriel Rivers at the Whittier Narrows, four miles northwest of Whittier,…”
Dwight S. Rivera v. United States Army Corps of Engineers, 891 F.2d 567 (5th Cir. 1990). “The government calls attention to 33 U.S.C. § 701b, which provides: “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 Department of the Army under the…”
City of Virginia Beach v. Roanoke River Basin Ass'n, 776 F.2d 484 (4th Cir. 1985). “887 , and is supervised by the Army Corps of Engineers, 33 U.S.C. § 701b. The reservoir was designed to provide power production, flood control, and regulation of stream flow.”
Utah Power & Light Co. v. Rogers C. B. Morton, 504 F.2d 728 (9th Cir. 1974). “1570 , 33 U.S.C. § 701b et seq.; the Fort Peek Act of 1938, 52 Stat.”
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