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U.S. Code as of:
01/19/04
Section 701-1. Declaration of policy of 1944 act
In connection with the exercise of jurisdiction over the rivers
of the Nation through the construction of works of improvement, for
navigation or flood control, as herein authorized, it is declared
to be the policy of the Congress to recognize the interests and
rights of the States in determining the development of the
watersheds within their borders and likewise their interests and
rights in water utilization and control, as herein authorized to
preserve and protect to the fullest possible extent established and
potential uses, for all purposes, of the waters of the Nation's
rivers; to facilitate the consideration of projects on a basis of
comprehensive and coordinated development; and to limit the
authorization and construction of navigation works to those in
which a substantial benefit to navigation will be realized
therefrom and which can be operated consistently with appropriate
and economic use of the waters of such rivers by other users.
In conformity with this policy:
(a) Plans, proposals, or reports of the Chief of Engineers,
Department of the Army, for any works of improvement for navigation
or flood control not heretofore or herein authorized, shall be
submitted to the Congress only upon compliance with the provisions
of this paragraph (a). Investigations which form the basis of any
such plans, proposals, or reports shall be conducted in such a
manner as to give to the affected State or States, during the
course of the investigations, information developed by the
investigations and also opportunity for consultation regarding
plans and proposals, and, to the extent deemed practicable by the
Chief of Engineers, opportunity to cooperate in the investigations.
If such investigations in whole or part are concerned with the use
or control of waters arising west of the ninety-seventh meridian,
the Chief of Engineers shall give to the Secretary of the Interior,
during the course of the investigations, information developed by
the investigations and also opportunity for consultation regarding
plans and proposals, and to the extent deemed practicable by the
Chief of Engineers, opportunity to cooperate in the investigations.
The relations of the Chief of Engineers with any State under this
paragraph (a) shall be with the Governor of the State or such
official or agency of the State as the Governor may designate. The
term "affected State or States" shall include those in which the
works or any part thereof are proposed to be located; those which
in whole or part are both within the drainage basin involved and
situated in a State lying wholly or in part west of the
ninety-eighth meridian; and such of those which are east of the
ninety-eighth meridian as, in the judgment of the Chief of
Engineers, will be substantially affected. Such plans, proposals,
or reports and related investigations shall be made to the end,
among other things, of facilitating the coordination of plans for
the construction and operation of the proposed works with other
plans involving the waters which would be used or controlled by
such proposed works. Each report submitting any such plans or
proposals to the Congress shall set out therein, among other
things, the relationship between the plans for construction and
operation of the proposed works and the plans, if any, submitted by
the affected States and by the Secretary of the Interior. The Chief
of Engineers shall transmit a copy of his proposed report to each
affected State, and, in case the plans or proposals covered by the
report are concerned with the use or control of waters which rise
in whole or in part west of the ninety-seventh meridian, to the
Secretary of the Interior. Within 30 days from the date of receipt
of said proposed report, the written views and recommendations of
each affected State and of the Secretary of the Interior may be
submitted to the Chief of Engineers. The Secretary of the Army
shall transmit to the Congress, with such comments and
recommendations as he deems appropriate, the proposed report
together with the submitted views and recommendations of affected
States and of the Secretary of the Interior. The Secretary of the
Army may prepare and make said transmittal any time following said
30-day period. The letter of transmittal and its attachments shall
be printed as a House or Senate document.
(b) The use for navigation, in connection with the operation and
maintenance of such works herein authorized for construction, of
waters arising in States lying wholly or partly west of the
ninety-eighth meridian shall be only such use as does not conflict
with any beneficial consumptive use, present or future, in States
lying wholly or partly west of the ninety-eighth meridian, of such
waters for domestic, municipal, stock water, irrigation, mining, or
industrial purposes.
(c) The Secretary of the Interior, in making investigations of
and reports on works for irrigation and purposes incidental thereto
shall, in relation to an affected State or States (as defined in
paragraph (a) of this section), and to the Secretary of the Army,
be subject to the same provisions regarding investigations, plans,
proposals, and reports as prescribed in paragraph (a) of this
section for the Chief of Engineers and the Secretary of the Army.
In the event a submission of views and recommendations, made by an
affected State or by the Secretary of the Army pursuant to said
provisions, sets forth objections to the plans or proposals covered
by the report of the Secretary of the Interior, the proposed works
shall not be deemed authorized except upon approval by an Act of
Congress; and section 485h(a) of title 43 and section 590z-1(a) of
title 16 are amended accordingly.
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