33 U.S.C. § 702h

Prosecution of project by Mississippi River Commission; president of commission; salaries

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The project herein authorized shall be prosecuted by the Mississippi River Commission under the direction of the Secretary of the Army and supervision of the Chief of Engineers and subject to the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. It shall perform such functions and through such agencies as they shall designate after consultation and discussion with the president of the commission. For all other purposes the existing laws governing the constitution and activities of the commission shall remain unchanged. The commission shall make inspection trips of such frequency and duration as will enable it to acquire first-hand information as to conditions and problems germane to the matter of flood control within the area of its jurisdiction; and on such trips of inspection ample opportunity for hearings and suggestions shall be afforded persons affected by or interested in such problems. The president of the commission shall be the executive officer thereof and shall have the qualifications prescribed by law on May 15, 1928, for the Assistant Chief of Engineers, shall have the title brigadier general, Corps of Engineers, and shall have the rank, pay, and allowances of a brigadier general while actually assigned to such duty: Provided, That the incumbent of the office on May 15, 1928, may be appointed a brigadier general of the Army, retired, and shall be eligible for the position of president of the commission if recalled to active service by the President under the provisions of existing law.

The official salary of any officer of the United States Army or other branch of the Government appointed or employed under sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title shall be deducted from the amount of salary or compensation provided by, or which shall be fixed under, the terms of such sections.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1929–2025 · leading case: Kincaid v. United States, 35 F.2d 235 (W.D. La. 1929).

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Kincaid v. United States, 35 F.2d 235 (W.D. La. 1929). · cites it 2× “[33 USCA § 702h.] Such surveys shall be made between Baton Rouge, La.”

Emmerich Newspapers, Inc. v. Mississippi River Comm'n (S.D. Miss. 2025). · cites it 2× “” See 33 U.S.C. § 702h (“For all other purposes the existing laws governing the constitution and activities of the commission shall remain unchanged.”

Harrison Cnty., Mississippi v. U.S. Army Corps of Engineers (S.D. Miss. 2021). “” 33 U.S.C. §702h. Other statutes also indicate that MRC’s efforts are overseen by the Secretary of the Army and the Chief of Engineers.”

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