
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-5. Water resources development projects involving 
        navigation, flood control, and shore protection
        

(a) Construction, operation, and maintenance; limitation on estimated 
        Federal first cost of construction; Congressional committee 
        approval of projects; reports to Congress

    The Secretary of the Army, acting through the Chief of Engineers, is 
authorized to construct, operate, and maintain any water resource 
development project, including single and multiple purpose projects 
involving, but not limited to, navigation, flood control, and shore 
protection, if the estimated Federal first cost of constructing such 
project is less than $15,000,000. No appropriation shall be made to 
construct, operate, or maintain any such project if such project has not 
been approved by resolutions adopted by the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives, respectively. For the 
purpose of securing consideration of such approval the Secretary shall 
transmit to Congress a report of such proposed project, including all 
relevant data and all costs.

(b) Local cooperation requirements based on certain estimated Federal 
        first cost of construction

    Any water resource development project authorized to be constructed 
by this section shall be subject to the same requirements of local 
cooperation as it would be if the estimated Federal first cost of such 
project were $15,000,000 or more.

(Pub. L. 89-298, title II, Sec. 201, Oct. 27, 1965, 79 Stat. 1073; Pub. 
L. 94-587, Sec. 131, Oct. 22, 1976, 90 Stat. 2928; Pub. L. 103-437, 
Sec. 15(d), Nov. 2, 1994, 108 Stat. 4592.)

                          Codification

    Section was enacted as part of the Flood Control Act of 1965, and 
not as part of the Water Resources Planning Act which comprises this 
chapter.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-437 substituted ``Committee on 
Environment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House'' for ``Committees on Public Works 
of the Senate and House''.
    1976--Subsec. (a). Pub. L. 94-587, Sec. 131(a), substituted 
``$15,000,000'' for ``$10,000,000''.
    Subsec. (b). Pub. L. 94-587, Sec. 131(b), substituted 
``$15,000,000'' for ``$10,000,000''.

                         Change of Name

    Committee on Public Works and Transportation of House of 
Representatives treated as referring to Committee on Transportation and 
Infrastructure of House of Representatives by section 1(a) of Pub. L. 
104-14, set out as a note preceding section 21 of Title 2, The Congress.


              Local Cooperation, Study; Report to Congress

    Pub. L. 93-251, title I, Sec. 24, Mar. 7, 1974, 88 Stat. 20, 
provided that the Secretary of the Army make a study of the items of 
local cooperation involving hold and save harmless provisions which have 
been required for water resource development projects under his 
jurisdiction and report on such study to Congress not later than June 
30, 1975.


              Land and Water Use, Study; Report to Congress

    Pub. L. 93-251, title I, Sec. 25, Mar. 7, 1974, 88 Stat. 20, 
provided that the Secretary of the Army conduct a study on land use 
practices and recreational uses at water resource development projects 
under his jurisdiction and report on such study to Congress not later 
than June 30, 1975.


National Streambank Erosion Prevention and Control Demonstration Program

    Pub. L. 93-251, title I, Sec. 32, Mar. 7, 1974, 88 Stat. 21, as 
amended by Pub. L. 94-587, Secs. 155, 161, Oct. 22, 1976, 90 Stat. 2932, 
2933, known as the ``Streambank Erosion Control Evaluation and 
Demonstration Act of 1974'', directed the Secretary of the Army, acting 
through the Chief of Engineers, to establish and conduct for a period of 
five fiscal years a national streambank erosion prevention and control 
demonstration program, to consist of an evaluation of the extent of 
streambank erosion on navigable rivers and their tributaries; 
development of new methods and techniques for bank protection, research 
on soil stability, and identification of the causes of erosion; a report 
to the Congress on the results of such studies and the recommendations 
of the Secretary of the Army on means for the prevention and correction 
of streambank erosion; and demonstration projects, including bank 
protection works. The final report to the Congress was to be made by 
Secretary of the Army no later than Dec. 31, 1981.


National Shoreline Erosion Control Development and Demonstration Program

    Pub. L. 93-251, title I, Sec. 54, Mar. 7, 1974, 88 Stat. 26, known 
as the ``Shoreline Erosion Control Demonstration Act of 1974'', directed 
the Secretary of the Army, acting through the Chief of Engineers, to 
establish and conduct for a period of five fiscal years a national 
shoreline erosion control development and demonstration program, to 
consist of planning, constructing, operating, evaluating, and 
demonstrating prototype shoreline erosion control devices, both 
engineered and vegetative, and to be carried out in cooperation with the 
Secretary of Agriculture, particularly with respect to vegetative means 
of preventing and controlling shoreline erosion, and in cooperation with 
Federal, State, and local agencies, private organizations, and the 
Shoreline Erosion Advisory Panel established pursuant to section 54(d) 
of Pub. L. 93-251. The Panel was to expire ninety days after termination 
of the five-year program. The Secretary of the Army was to submit to 
Congress a final report, sixty days after the fifth fiscal year of 
funding, such report to include a comprehensive evaluation of the 
national shoreline erosion control development and demonstration 
program.


  Technical and Engineering Assistance for Non-Development of Erosion 
                           Prevention Methods

    Pub. L. 93-251, title I, Sec. 55, Mar. 7, 1974, 88 Stat. 28, 
provided that: ``The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to provide technical and engineering assistance 
to non-Federal public interests in developing structural and non-
structural methods of preventing damages attributable to shore and 
streambank erosion.''


         Visitor Protection Services, Study; Report to Congress

    Pub. L. 93-251, title I, Sec. 75, Mar. 7, 1974, 88 Stat. 32, 
directed Secretary of the Army to conduct a study on need for and means 
of providing visitor protection services at water resource development 
projects under jurisdiction of Department of the Army and report on such 
study to Congress not later than Dec. 31, 1974.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 577b.
