Page:United States Statutes at Large Volume 55 Part 1.djvu/663

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PUBLIC LAWS-CHS. 376, 377-AUG. 18, 1941 34 Stat. 84. 33 U. S. C. §§491- 498. August 18, 1941 [H. R . 4911] [Public Law 228] Flood control, etc. Jurisdiction over Federal activities. State, etc., coopera- tion. 49 Stat. 1571; 52 Stat. 1215 . 33U.S.C. I701c. Provisos. Repeals. 50 Stat. 877; 53 Stat. 1417. Assurances of local cooperation; timelimi- tation. Initiating projects when total authoriza- tion insufficient. Construction of smaller dams. Location. points suitable to the interest of navigation, one at Bluff City, Giles County, Virginia, and the other at Eggleston, Giles County, Vir- ginia, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906, and subject to the conditions and limita- tions contained in this Act. SEc. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, August 18, 1941. [CHAPTER 3771 AN ACT Authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter Federal investigations and improvements of rivers and other water- ways for flood control and allied purposes shall be under the juris- diction of and shall be prosecuted by the War Department under the direction of the Secretary of War and supervision of the Chief of Engineers, and Federal investigations of watersheds and measures for run-off and waterflow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shalt be prose- cuted by the Department of Agriculture under the direction of the Secretary of Agriculture, except as otherwise provided by Act of Congress. SEC. 2. That section 3 of the Act approved June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), as amended bv section 2 of the Act approved June 28, 1938 (Public, Numbered 761, Sev- enty-fifth Congress), shall apply to all works authorized in this Act, except that for any channel improvement or channel rectification project provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, and except as otherwise provided by law: Provided, That the third proviso of section 1 of the Flood Control Act approved August 2g, 1937 (Public, Numbered 406, 75th Congress) and all of section 8 of the Flood Control Act approved August 11, 1939, (Public, Numbered 396, 76th Congress) are hereby repealed: Provided further, That the authorization for any flood- control project heretofore or herein adopted requiring local coopera- tion shall expire five years from the date on which local interests are notified in writing by the War Department of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of War that the required cooperation will be furnished: And provided further, That in any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-of- way; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the con- struction of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a useful improvement within an authorization: Provided, That the smaller structure shall be located on the chosen site so that it will be feasible at some future time to enlarge the work in order to permit 638 [55 STAT.