Title: Funds
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Permanent Link: http://ufdc.ufl.edu/WL00003098/00001
 Material Information
Title: Funds
Physical Description: Book
Language: English
Publisher: President's Water Resources Policy Commission
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: richard Hamann's Collections - Funds
General Note: Box 12, Folder 9 ( Water Resources Law - Vol #3 - 1950 ), Item 16
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003098
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



Funds
Congressional practice is to appropriate annually lump sums
"for the construction and maintenance of certain public works
on rivers and harbors for flood control, and for other pur-
Sposes." Such funds are declared to "remain available until
expended." "
!Generally, such funds are also available for detailed surveys
and for preparing plans and specifications necessary for the
construction of flood-control projects." But recent appropria-
tion acts have contained an admonition that expenditures of
funds for surveys "shall not be construed as a commitment of
the Government to the construction of any project." More-
over, it should be noted that Congress in 1941 authorized "all
appropriations" necessary for operation and maintenance of
flood-control works authorized to be operated and maintained
by the United States."
CONTRIBUTIONS AND ADVANCES.-In addition to moneys ob-
tained under such appropriations, funds may otherwise be made
available for flood-control work under specific statutory pro-
visions. For example, the Secretary may receive contributions
from states and their. political subdivisions, to be expended
in connection with federal funds for any authorized flood-
control project whenever such work and expenditure are
deemed by him on recommendation of the Chief of Engineers
to be "advantageous in the public interest." Similarly, the
Secretary is empowered to receive funds advanced by states
and their political subdivisions and expend the same "in
the immediate prosecution" of an authorized flood-control
project." Such advances must be repaid without interest from
appropriations provided' by Congress for flood-control works,
"See, e. g., Act of June 25, 1 8, 1,62 Stat. 1019, 1022.
hId.
"Id.
Act of August .18, 1941, 1 10, 55 Stat. 688, 651, 33 U. S. 0. 701f-I note
following.
SAct of June 22, 1986, 5 5, 49 Stat. 1570, as added by Act of July 19,
1987, 1, 50 Stat. 515,518, 88 U. S. C. 701h.
*Act of October 15, 1940, 54 Stat. 1176, 83 U. S. C. 701h-1.
9118111---11






but no repayment may be wd0 f funds contributed for the
purpose of meeting conditions of local cooperation.8
,A.GATQpN AD POJErT-AUTHOIUZATION LAwIs.--In addi-
tn t the foregoing and to the fact that food-control expendi-
Aures must accord with laws governing expenditures for navi-
gation improvements, as already noted," Congress has enacted
a number of other laws specifically governing the use of flod-
control .funds. They generally allow trying degrees of
discretion in the use of funds to undertake specified types o
work, and many of them constitute continuing project author-
izations. These we have already discussed in connection with
"Authorization of Projects."' ,
:LOCA CooPERATION.-Another :and a specially significant
aspect of legislation governing use of funds is the evolution
of requirements relating to local cooperation, which establish
a prohibition against the use of funds in certain: cases. In
the 1936 Flood Control Act, Congress provided that no money
appropriated under the authority ofthat Act shall b expended
on the construction of any project until states, p itical sub-
divisibos thereof, or other responsible Ipca agencies have given
aurances satisfactory to the Secretary of'the Army that they
w4:, (a) provide without cost to the United States all neces-
sary lands, easements, and rits-of-way; (b) hold and save
the United States free from da es due, to the construction
work; and (c) maintain and operate all the works after com-
pletion,in acqordance with regulations prescribed by the Secre-
tary of the Armny.l10 ,This 1930, statue als provided that, if
expenditures for lands exceed estimated construction cost, the
local agency maybe reimbursedhoneolffof such:excess, Also,
if benefits accrue to lands outside their state where, teiprolci
is located, the Secretary, with the consent of the state where
the project is located, may acquire the necessary lands after
he has received from the benefited states the estimated land
"Id.
See supra, p. 132.
See supra, pp. 136-140.
m Act of June 22, 193, 8, 49 Stat. 1570, 1571. As amended in a manner
not here relevant, this provision is codified In 88 U. O. TOle; .






cost, less one-half the amount by which the estimated land
cost exceeds the corresponding estimated construction cost,
The Secretary must dete mine the proportion of the estimated
land cost to be contributed by 4c state, political subdivision,
or. loca agency "in consideration for the benefits to be re-
ceed by luch. agency." Maoreover when not less than 75%
of the estimated benefits accrue to lands outside the state in
which the project is located, condition (c) above shall not
apply.
A 1938 amendment of the foregoing provisions requires that,
in the case of "any dam and reservoir project, or channel im-
provement or channel rectification project for flood control"
authorized in the 1936 "and 1938 Flood Control Acts, the
United States shell acii ire all lands, easements, and 'ights-
of-way, ad conditions (s), (b), and (c) of the 1936 Act shall
not apply.1" In addition, provision was made for reimburse-
ment to states and other agencies for actual land expenditures
for suchiprojects.
Also, as to projects authorized since 1941, except dam and
reservoir projects, conditions (a), (b), afd (c) have been made
applicable." Thus, the conditions continue to be stripped
of a large measure of significance. However, exceptions to
the general policy And varying requirements of local coopera-
tion are prescribed by laW in some cases."
!In all cases wi te ciditions'f local cooperation are made
apiplieble;' however, the project authorization expires within
five years from the date of notification ti the local interests
of the requirements of lecal cooperation, unless such local
Act of June 28, 1938, 2, 52 Stat. 1215. As amended in a manner not
fi E'releraiVn'this provision i codified In 33 8U.S. 0. 701c-1:
'MIe f bAugust 18, 1941,1 255 Stat 688; Act of December 22, 1944, 8,
58 Stat. 887, 889; Act of July 24, 1946, $ 2, 60 Stat. 641; Act of June 80,
1948, 1 201, 62 Stat. 1171, 1175; see 38 U. S. C. .91cnote (Supp. III). See
al6t ArctotMa 17,1950, 201,a44$ Stat..168,-.
"For example, in the caserw f the Bald Hill Reseryolt Project .en the
Sheyenne BRier, Jocal-contribution requirements include the furnishing of
$208,000 toward the cost of the project, estimated at $810,000. See Act
of December 22, 1944, 10, 58 Stat. 887, 896; Sen. Doc. No. 193, 78th Cong.,
2d sess., p. 2 (1944). See also ANN"M. RoPo or u T' CHZUM orEqonGm s,
U. S. AM, p 8 (1949).






interests furnish within that time satisfactory assurances that
such cooperation will be furnished.10
PLANNING FOR CONSTRUCTION PRORAM.-In recent Flood
Control Acts, Congress has regularly authorized use of any avail-
able flood-control funds for "plans, specifications, and pre-
liminary work" to enable "rapid inauguration of a construction
program." 1
SERVICE OF OTHER AGENCIES.-The Secretary is authorized
to cooperate with institutions, organizations, and individuals,
and to utilize the services of federal, state, and other public
agencies in carrying out the purposes of the 1936 Flood Con-
trol Act, as amended and supplemented.107 To this end, he
may pay by check to the cooperating agency, either in advance
or upon the furnishing or performance of the services, all or
part of their estimated or actual cost."$
SWATrHE BURuA..-In 1938, provision was made for the
establishment, operation, and maintenance by the Weather
Bureau of a current information service on precipitation, flood
forecasts, and warning's whenever in the opinion of the Chief
of Engineers and the Chief of the Weather Bureau such service
is advisable in connection with either preliminary examina-
tions and surveys or works of improvement authorized by law
for flood-control purposes.10 An expenditure of not to exceed
$375,000 per annum, from flood-control appropriations, is au-
thorized, and the Chief of Engineers may allot to the Weather
Bureau funds for such expenditure."7

Prosecution of Projects
In connection with laws relating to authorization of proj-
ects, we summarized those concerning evacuation, insufficient
S ee supra, n. 108, p. 145.
SAct of July 24, 1946, 10, 60 Stat. 641, 644; Act of June 30 1948, 208,
62 Stat. 1171, 1175; Act of May 17, 1950, 8 204, 64 Stat. 163, -.
Act of June 28, 1938, 1 5, 52 Stat. 1215, 1223, as amended, 33 U. S. C.
701b-2.
S'Id.
Act of June 28, 1988, 8, 52 Stat 1215,1226, 83 U. S. 0. 706.
M 1d.




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