Title: Design and Prosecution of Projects
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003126/00001
 Material Information
Title: Design and Prosecution of Projects
Physical Description: Book
Language: English
Publisher: President's Water Resources Policy Commisssion
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Richard Hamann's Collections - Design and Prosecution of Projects
General Note: Box 12, Folder 9 ( Water Resources Law - Vol #3 - 1950 ), Item 44
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00003126
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

7. Any other benefiial uses which may be determined by
the Commission.

Design and Prosecution of Projects
It has long been required that, except as otherwise provide
by law, sums appropriated for the various branchesof expendi-
ture in the public service "shall be applied solely to the ob-
jects for which they are respectively made, and for no oth-
ers." 20 The importance of the "objects" for which funds are
appropriated in the case of water-resource projects and activi-
ties is therefore obvious. Such: "objects" may be;specified in
the appropriation act itself, or maybe ascertained from the
authorization for that appropriation. In either event, the
"objects" become limitations on the consequient'design, con-
sruction, and operation of the project. ,And limitations may
of course be prescribed in other legislation, such as the statues
authorizing construction of the project.
Significance therefore attaches to the authorized purposes
of t projebt.- While its design, construction, and operation
niay not be limited to the precise plans existing at the time
of authorization, they would seem clearly to be'limited, as a
geietal rule to the purposes inherent in those plastic Excep-
tions would occur in cases where blanket authoity exists for
inclusion of an additional-purpose, as in the ease of recreational
facilities at Army reservoir projectss1 A similar situation ex-,
aits generally with respect to inclusion of provisions for the,
preservation of fish and Dzvisionb OF PROJnEC RESPONSIrEt Y: : EEFEC O DE-
sioIN.-Geterally, the design of projects is a function of the
construction agency. The design' of projects; however,Amay
be influenced by av division of" reponsibilities afeeting the'
For example, responsibility for marketing of federal power
R. .'g' 9678, from Act of Mar s, i80;, 11, 2 Stat. 585, as amended, 31
U. S. C. s8.
Act of D)eeember 22, 1944, 4, 58 Stat. 887, 889, as amended, 16 T. S. C.
See sr, p. 29.
See supra, p. 329.

iq frequently vested in an agency other than the agency con-
structing the project. This may or may not be accompanied
by a responsibility concerning design of electrical facilities.
For example, the' ecetary of Ate Interior markets surplus
power from Army dam and reservoir projects.". But here he
has no statutory responsibility for design.
*Ii some cases, surplus power from dams constructed by the
Bureau of Reclamation is marketed by other agencies.' As
in the preceding situation, no statutory provision is made
for the participation by the marketing agency in the design
SAnother division of responsibility exists in the case of the
Bonnevibe Pr6ject and Fort Peek Project Act.. But unlike
the pec ingsituatin, both statutes here make express iden
tica provision for the overlapping of interest whee responsi-
1 _lt is divided.': Thus, the Secretary of the Army is d-
provide, construct, operate, maintain, and improve at
Bonneville project such machinery, equipment, and
facilities for the generation of electric energy as the
administrator may. deem necessary to develop such
electric energy as rapidly as markets may be found
OiDmw os P mizce NTw To DEsIGN AND CONmRucRI ox.-N-
Variatidns occur among different statutes which require fhat
certain preliminary steps be taken in some cases before projects
may be designed, and in others priorto construction. '
_Lpcl Contribution.-In the ase of navigation projects, each
survey report must include a statement of special or local benefit
which will accrue to affected localities and of general or national
benefits, together with recommendations as to what local co-

'See prm, pp. 294-295.
"See mpra, n. 2 ), p. B0, anhd n. :26Tp. 8if4
"'Act of August 20, 1987, 1, 50 Stat 731,16 U. S. Q. 82; Act of May 18,
1988, J 1, 52 Stat. 40, 16 tU. S. 0. 833. In the latter act, the words "Fort
Peck" and "Bureau" appear in place of "Bonneville" and "administrator."
1, 60 Stat. 731, iU. S. C. 832.

operation should be required."' And while there is no general
requirement of local contribution as a condition precedent,
Congress has stipulated such requirements from time t time on
a project-by-projeot basis. This is usually accomplished by
authorization for the prosecution of a project "in accordance
with the plans and subject to the conditions recommended by
the Chief of Engineers in the respective reports"' designated.1
Unlike navigation projects, however, a general requirement
for local contribution to the cost of flood protection has been
established by Congress, but it is inapplicable in the case of
dam and reservoir projects. On other Army Engineer flood-
control improvements, such as levees, no money appropriated
therefore may be expended until states or other local interests
give assurances satisfactory to the Secretary of the Army-that
the necessary lands will be provided, and that other cooperative
requirements will be fulfilled." Moreover, authorization of
such a project expires within five years from the date of notifi-
cation to the local interests of the requirements of local co-
operation, unless such local interests furnish within that time
satisfactory assurances that such cooperation will be fur-
In the case Of Reclamation projects authorized under the
1939 Reclamation Project Act, nonreimbursable allocations
to navigation and flood control are permissible.* But there is
no requirement for local contribution in connection with such
"Act of June 5, 1920, S 2, 41 Stat. 1009, 1010, 38 U. S. '. 547.
m See, e. g., Act of May 17, 1950, 1 101, 64 Stat. 168, -; see also supra,
n. 175, p. 106.
See supra, pp. 144-145. In a statute enacted prior to the assumption of
federal responsibility for flood control on a nation-wide basis, Congress de-
dared that the principle of local contribution toward the cost of flood-
control work, which has been incorporated in all previous national legisla-
tion on the subject, is sound, as recognizing the special interest of the local
population inits own protection, and as a means of preventing inordinate
requests for unjustlfled items of work having no material national Interest."
Act of May 15,19M2 1 2, 4 Stat. 5 535, 8. S. 702b.
"*Act of June 22, 1936, 1 8, 49 Stat. 1570, 1571, as amended, 383 U. S. 0.
701c. See supra, pp. 144-146.
"See suwpr, pp. 145-140.
"Act of August 4, 1989, 1 9(b), 58 Stat. 1187, 1194, 43 U. S. 0. 485h(b).

allocations. On the other hand, provision is made for repay-
able and returnable allocations to irrigation, power, and mu-
nicipalwater supply or other miscellaneous purposes.08'
Interest in Lands--By statute of general application, it is
required that'no money may be expended on land purchased
for, the purpose of erecting public buildings "until the written
opinion of the Attorney General shall be had in favor of the
validity of the title."' 04 A more recent general requirement,
however, permits earlier expenditure of appropriated funds,
the taking of possession, and construction of public works upon
fulfillment-of prescribed conditions.8"0 Upon fulfillment of dif-
ferent conditions, the Secretary of the Army is authorized to
take immediate.possession of lands needed for authorized navi-
gation improvements or flood-control projects, and proceed
with the authorized. work."0 Also, it has been held that, in con-
demnationproceedings:;under the Reclamation Act, it is not
necessary that damages be assessed and paid before taking of
possession," In connection with.land acquisition, the obtain-
ing of exclusive jurisdiction in the United States has not been
required since 1940.0
In the case of Army Engineer flood-control projects, pro-
vision is made for consent of the state to acquisition of lands
if the benefits are in other states.89 But this provision does
not apply in the case of dam and reservoir projects.10 As a

SSee supra, pp. 194-195.
3"R. S. t855, from J. Res. No. 6, September 11, 1841, 5 Stat. 468, as
amended, 40 U. S. C. 255.
Act of February 26, 1931, 5, 46 Stat. 1421, 1422, 40 U. S. C. 258e.
a Act of July 18,1918, 5, 40 Stat. 904, 911, 83 U. S. C. 594; Act of August
18,1941, 6 55 Stat. 6S, 650, 33 U. S. C. 701e-2.
a United States v. O'Neill, 198 Fed. 677, 683..(D. C, Colo. 1912). See also
5 CoMn. Giw. 907 (1926).
Findings by the Secretary of the Interior respecting acquisition of lands
and water rights are stipulated in the form of a condition precedent to
construction of projects under the Water Conservation and Utilization Act.
Act of October 14, 940, 83(b), 54 Stat 111;,1l21, as amended, 16 U. S, C.
590s- (b).
'Act of October 9, 1940, 54 Stat. 1080, 1083, see 40 U. S. C. 255.
Act of June 22,1936, 3, 49 Stat. 1570,1571, as amended, 33 U. S. 0. T71c.
,' Act of June 28, 19388 2, 52 Stat. 1215, as amended, 33 U. S. C. 701e-1.

practical matter, the requirement thus becomes insignificant
since the remaining projects to which it does apply would be
primarily local in scope. : When Congess :in 1944 authorized
prosecution by the SoEreta y of Agriculture of flood-eontrol
work in 11 watersheds, it provided that nothing in the author-
izing act shall be construed as authorizing "the acquisition of
ainy land by the Federal Government until the legislature of
theState in which the land lies shall have consented to t
acquisition of lands by the United States for the purposes
within the scope of this section." ;
DOter Couditions.-Still other provisions in the nature of
conditions precedent have been prescribed for other types of
projects. Thus, in the case of water-conservation and utiliza-
ion projects, there must be a finding by the President that
labor, materials, and property should'be made available to the
Department of the Interior by otherr federal kgenci to the
extent needed to make up the difference between thle estimated
construction cost and the part to be met with appropriated
fuid;stogether with nddfederal cdntributions." :Another ex-
ample appears in the Boulder Canyon Project' Act which re-
qqires the execution of power contracts to insure repayment
of'th~cost of the dam and power plant.61'i 4 ;.
SPECIAL PROnB MS INC NSTS' CTroN.-Several special b-
lems incident to the construction of water-resource projects
1~ae received statutory recognition. These include matters
concerning land acquisition, whether construction shall, be by
contract or force account, and relocation of inundated facilities.
Land Acquisition.-It has long been required by law that
"no land s~i be purchased. on account of the United, Sates,
except under a law authorizing such. purchase." .:Various
special provisions have followed in connection with ater-
resource development.:;
Thus, the Secretary 6f the Army is generally empowered to
acquire by purchase or condemnation land needed for au-
m Act of December 22, 1944, 13, 58 Stat. 887,905.
"Act of October 14,1940, 3(a), 54 Stat. 1119, 1126, 16 U. S8. 590s-1(a).
"Act of December 21,1928, 4(b), 45 Stat.S1057, 10l9, 43 617c(b).
t R. S. 3736, from Act of May 1, 1820, 7, 3 Stat. 567, 568, 41 U. S. C. 14.

thorized navigation and flood-control improvements.1 In
addition, whenever a state or designated local agency shall
undertiak to secure lands needed in connection with such
projects for the purpose of conveying the same to the United
States free of cost and shall be unable to do so, the Secretary
of the Army may acquire such lands.O
In the case ot Reclamation projects, the Secretary of the
Interior is authorized to purchase or condemn property or
rights therein.''1 Importantly facilitating later federal reclas
nation activities, an 1890 statute required that in all patents
for lands thereafter taken up under the land laws or on entries
or claims validatediby that statute, west of the one-hundredth
it shall be expressed that there iseserved from the lands
in said patent described, a right bf way thereon for
S ditches or canI constructed 'By the authority of tlid
.,piRO autho i t:iacquire property by purchase or con-
demnation is also contained in the Bonneville Project Act and
the Fort Peck Project Act.9 Similarly, express authority for
the acquisition of property or rights is alo contained in the
Water Conservation and Utilization'Act.m
As already noted, 'in authorizing flood.control works by the
Secretary oAgriculture, Congress specified requirement of
state consent in connection with ~qii sition of land.' Aike
restriction is stipulated under the 1911 Weeks Law, making' prb
vision for acq iisiton of forested, cut-over, or denuded lailds

"Act of April 24, I88, 25 Stat. 94,83 1. B. 0. 91; Act of March 1, 1917,
I3 3 9 Stat 4, 9450, 3 U. S. 0. 701.
Act of August 8, 1917, 9, 40 Stat. 25 267, 3 1. S. 593; Act of
August 18,1941, 6, 55 Stat. 38,650, 33 tJ. .701c-2.
Act of June 17,1902, 1 7,82 Stat. 388, 89, 43 U. S. 0. 421.
m Act of August 0, 1800, ., 26 Stat. 871,891, 43 U. S. 0. 945.
"Act of August 29, '97, 52(c), 50 Btat 781, 782, 16 U.. 0. 832ac);
Act of May 18, 19l8, 2(c), 2(d), 52 Stat. 408, 404, 16 U. S. C. 838a(e),
833a (d).
.Act of October 14,10O, S 10(b),54 Sta 1119, 1125, 16 U. S. 590-8(b).
t Act of December 22, 1944,. 13, 58 Stat. 887,905.

within watersheds of navigable streame.2 Also, the Secretary
of Agriculture has power to acquire, by purchase, giftW a4iZ1-
nation, or otherwise, lands,or rights or interests therein, nees-
eary under the soil-conservation prograWm.P And, i,;cowpno-
tion with the program for retirement of submarginal land, he
has'similar authority.',
The Tennessee Valley Authority is authorized to acquire, by
purchase or condemnation, lands iand property necessaryy or
convenient in the tranaetion of its busi ess."w ,etilaed
provisions are prescribed for condemnation proceedings fitted
to the land-acquisition program incident to TVA's develop-
ment of water resources.'
Contract; or Force: Account,-In general, water-resource
activities are prosecuted by contract. rather :thaan by force
account." '1' ,; ;- v -, .
SWith repeat to the prosecution of navigation. and Aoorcou-
tnri projeet,other than surxeye, estimates, and gaugings, the
Secretary of thei Army is direeted.to apply appropriated funds
in carrying on -the work, "by contract or otherwise, as may be
most ieonomical and advantageous to the Government." m
He is prohibited from using ftnds appropriated for navigation
improve~ ent -to pay for any work done by private contract "if
the contiot price is mcie thai25 per centum in excess of the
estimated cost of doing the work by Government plant." ,
: But no corresponding requirement is specified in the case of
flood-control projects. Nor do the statutes applicable to the
proseention, of food-control works by the Secretary, of Agri-

Aet of March 1, f Iu, 1, 6 ftat. 98,, 9.s as ameded, VU. 8. 0. 517.
'Actof Apr i27, 195, 1,49 tat168,i6 U.S. i0.6 a.
Act of Juir 22, U7, 4 2a, Go StaL. M 52, aB a mwd9c d .U. 8. 0,101.
Act je Maq.1 45, 1 4 (f), 4(h), 48 Stat. 58 60, a mended, 16 U. SC.
8381e(), 881(bh). ,
*" 25 4 Stat. 70,16 U. S. 0.881x.
e.*e, .9.- Beaipnga beSos a. Subcopmittee o4 tbe# Seate owmnil#te. on
Appropriatiooa on, Interior Departmet Apprepriaton il ;or" 19,4,980th
Cong., 2d ees, pp. 628-82, 1800-1307 (1948).
*" See, e. g.,- ct August 11, 1888, 4 8, 25 Stat. 400, 428, as amended, 88
U.. C. 22; Act ef March 1, 1917, I 8,39 Stat. 948, 90,88 Ul S. G, 701.
SAct of March 2 1919, i 8, 40 Stat 127, 1290, 88 U.. C. 624.

6~l1tti speifyd the manner in which that work:shall be
MceoIplished. i
As to Reelamation projects, express provision:is made for the
letting of "cotyraacts for the contruction.?'3: Appepriation
stbtutes sometimes place a limitiorthe amount expendable.for
construction work "by force account or on a- hiredA:latbo

'Contrary to the general rule, the majority of projects in, t*
Ternnesee Valley~eI& been completed by foroe-aecount
r- toetidnfn f Irundated Facilitie.-Whenever the Chief of
Engineers finds that "any highway, railway, ;or utility'O has
been or is being damaged oi, deitroyedby reason of the opera-
tibif:of/.nydAm- d Testsvoir project under Army control, he
may use project funds for the repair, relocation, restoration,
or' '~itO(t i f ofii highway Jor-,utilityYPa I, the dase of
R1 laicim:ki-* lIeetthAe Secretary of the Interior has au-
thotfiy to acquire kinds fori Pdlotion of; "highways, road-
Ways, railroads, telegraph, telephone, or eleetiric Aransmission
lines, or any other properties whatsoever," and. he also has
express .authority to contract with the property owners where-
by they undertake toi acquire'property needed for relcation,
or to perform the work involved." Powers somewhat simi-
lar to but, border than the foregoing are vested in the Tennes-
see Valley' Authority."' Included among these powers is ?an
aithoriziaton "to advise and cooperate in the readjustment of
tha population displayed" by the constrdctibn of dams."'
Rate of Construction.-Three requirements of general appli-
cability shoi d first be noted. No contract may bd made for
'Act of ir6te 37, 9, :4,;S'tat.8,a8 S: 0. C..419. :'
'"S, e:.. Act of Sebtember 6, 19o0;, h. Vt, title I, -4 Stat. 595,-.
"See Hearings before the Subcommittee of the House Cbi)mlrtee on
Appropriations on Independent Offices A iji dtion Bill for i19, H- R."
417T, 8st Cong., 1t'see s iArt-2; pp-8~2i9SV, 8B4-895, 898 (1%) I4 "9
*'Ak~k:o July24 1944, 60 Stat. 64, 64. 33 U. 810. 701q. ': ":'
Act of August 4, 1939, 5 14, 53 Stat. 4187, 11i~f, 4'-S S. C. 889: .
:'Ai b s ii l 18, 1041, -5 Stat. 509, Bi 1i U. S. o.8Sle (k),
"Act of M3 1i 198, 1 4, 48 Stat. ,9,0,:a added by Act of August 3i,
1935, 13,49 4Stat. lO6, 16 s. (. S.8. i9i ).

a public improvement "which shall bind the government to
pay a larger sum of money than the amount in the treasury
appropriated foO the specific purpose."'" 'Nor may a federal
ageticy expend in any one fiscal year "any sum in excess of
appropriations made by Congress for that fiscal year, or involve
the government in any contract or other obligation for future
payment of money in excess of such appropriations unless such
contract or obligation is authorized by law." In the third
place, with an exception not pertinent here, no contract may
be made "unless the same is authorized by law or is under an
appropriation adequate to its fulfillment." "
Therefore, either appropriations or express authority to con-
tract beyond appropriated amoun ts must be provided to enable
an agency to initiate construction, or to continue construction
of a project otherwise authorized. In large measure, the rate
of construction-in thus determined by the authorizing legisli-
tion or the a tmoult of appropriation.
Authorized navigation 'and flood-control projects '"may be
prosecuted by direct appropriations, by contiinuig contracts,"
or both.' Moreover, appropriations for navigation and flood-
control improvements usually specify that the funds shall be
"immediately available" and "remain available until ex-
pended."* It should also be noted that an authorization of
a navigation or' flood-control work "in accordance with the
plans" in a designated report, "at an estimated" specified cost,
imposes no limitation on appropriations.12 On: the -other
hand,-a limitation does arise from fa project authorization 4at
a cost'not to exceed" a~spedified ainount?': In cases where a
comprehensive plan is authorized, the act may place kVattying

R. S. 3738, from Actof July 28, 186, 3, 15 Stat. '11, 177,41U. V., C. 12.
R. S. 3679, from Act of uly 12,1870, 7, 1 Stqt. 230, 251, as amended,
31V,3 C. 665.
"'R:JS. 83732, from Act of March 2, 1861, 10, 12.Stat. 214. 20, as
amended, 41 U. S. C 11.
SAcet of September 22,1922, 10, 42 Stat. 108,10, 33 'U. S. C. 621.
m See, e. g., Act o June 25,1948,62 Stat. 1019, 1020.
m See, e. g., Act of December 22,1944, 10,58 Stat. 887, 891,
H See, e. g., Act of June 28, 1938, 52 Stat, 1215, 1220, project for Colfax,
Grant Parish, La.

limitations on the funds which can be expended for particular
projects or features of a project." Such an arrangement, of
course, reserves to Congress control over the rate of develop-
ment of individual works even though authorized in an omni-
bus act.
In the case of Reclamation projects, the Secretary of the
Interior is authorized to enter into contracts for such period
of time as he finds necessary, but the liability of the United
States shall be contingent upon appropriations being made
therefore As in the case of navigation and flood-control proj-
ects, funds appropriated for Reclamation projects "remain
available until expended." "
As already suggested, a limitation imposed in an annual ap-
propriation or the authorization of only a limited appropriation
can fix the construction rate. The latter control is waived
where statutes authorizing a project or program also authorize
all appropriations necessary. Such is the situation as to the
Bureau of Reclamation, the Bonneville Power Administration,
the Fort Peck Project, and the Tennessee Valley Authority.7'
Like provisions are also contained in the 1935 soil-consgrvation
legislation, the Water Facilities Act, and the Water Conserva-
tion and Utilization Act.8
Modification of Plane.-Important in connection with the
design and: construction of projects is the authorized degree
of discretion to modify plans after they have been submitted
to and approved by Congress. Presumably, details not sper
cifically mentioned in the plans are left to the discretion of
the constructing agency. But the degree of discretion may vary
under appropriation and other legislation.
See, e. g., Act of June 28, 1938, 52 Stat. 1215, 1218, 1222.
Act of August 4,1989, 12, 58 Stat. 1187, 1197, 48 U. S. C. 388.
'"See, e. g., Act of September 1980, ch. VII, title I, 84 Stat. 595, -.
As to the Bureau of Reclamation, see supra, p. 199 and n. 257, p. 194; as
to the Bonneville Power Administration, see Act of August 20, 1937, 11, 50
Stat. 731, 736, 16 U. S. 0. 832j; as to the Fort Peek Project, see Act of May
18, 1938, 10, 52 Stat. 408, 406, 16 U. S. 0. 8831; as to the Tennessee Valley
Authority, see Act of May 18, 1983, 27, 48 Stat. 58, 71, 16 U. S. C. 831z.
-Act of April 27, 1985, S 6, 49 Stat. 168, 164, 16 U. S. C. 590f; Act of
August 28, 1987, 1 7, 50 Stat. 869, 870, 16 U. 8. C. 590x; Act of October 14,
1940, 12, 54 Stat. 1119, 1125, 16 U. S. C. 590z-10.


A related matter involves administrative discretion to sus-
pend construction. Here, the 1901 remarks of the Attorney
General are pertinent:-m
An appropriation for a public improvement carries
with it as a necessary implication a direction that the
work shall be done, and the executive department has
no power, in the absence of statutory provisions giving
it discretionary authority, to decline to execute such
work. Except where otherwise provided, the time for
the commencement of such work and that required for
its completion are necessarily committed to the sound
discretion of the executive department of the Govern-
ment, and in the exercise of such discretion, work once
commenced may be suspended if in the judgment of the
executive department such suspension will best insure
the ultimate completion of the work. The suspension
of the work for a legitimate object Monnected with its
ultimate completion must not be confounded with sueh
suspension whose purpose is a refusal to carry on the
work further. A mere doubt as to the wisdom of carry-
ing out a public work authorized by Congress would not
justify its suspension and a refusal to complete it.
Corresponidingly, it is generally true that-additions to au-
thorized projects may not be made. In the case of navigation
and flood-control projects, many statutes point in this direc-
tion.`"0 .And in imposing a restriction oni legislative onsidera-
tion, Congress declared that no project or "any midifiCatibn
not'authorized" of navigation and flood-control projects shall
be authorized by Congress unless a report has previously been
submitted by the Chief of Engineers in, conformity. with
iAw." Authorization procedure for Reclimation projects
also prohibits expenditures for the construction ,f any new
projects, new division of a project, .or "new ,supplemental
23 OPs. ATTy GE. 0 504, 506 1901).
SSee supra, pp. 91-2, 100-105, 134, 136-142.
m Act of July 24, 1946 ta 641, 2,60- Sta 83 U. S. 0. 701o.. This provision
was repeated In Act of June 30, 1948, 202, 62 Stat. 111, 1175 and in the Act
of May 17,1950, 202, 64 Stat 168,---.

works on a project" until after submission of prescribed
findings and report.8'
On the other hand, general authority is provided for certain
discretionary modifications in the case of Army projects. For
example, the Chief of Engineers is authorized to modify the
plan for any authorized dam or other works to make it smaller
than originally planned with a view to completing a useful
improvement within an authorization, provided it will be feas-
ible in the future to enlarge the work to permit full utilization
of the site for all purposes of conservation such as "flood con-
trol, navigation, reclamation, the development of hydroelec-
tric power, and the abatement ofpollution." I Like authority
exists for the modification of flood-control project plans so as
to evacuate areas rather than protect them by levees or flood
walls.'" Further authority for modification of flood-control
project plans is permitted by a 1937 statute authorizing the
provision of additional storage capacity for domestic water
supply or other conservation storage if the cost of such in-
creased capacity is contributed by local agencies and they
agree to utilize the same in a manner consistent with federal
uses and purposes.'"

Operation and Maintenance of Projects

A number of different 'and varied statutes deal with the
operation and maintenance of water-resource projects. 'Hre,
the law leaves some important matters uncovered where re-
sponsibility is divided. Other statutes provide for project op-
eration by beneficiaries or other nonfederal entities. Varia-
tions exist in the matter of fiscal flexibilityy to meet operational
requirements and emergencies. Some statutes provide for

"Act of August 4,193i9r, 9(a), 53 S*tti87, 113, 4i tT. S. C. 485h(a).
SAet of August 18 1941, 1 2, 55 StatM 688, 88 T S. Q. 701m.
SAct of June 28, 1988, 3, 52 Stat. 1215, 1216, 33 U. S. C. 7011.
"Act of June 22, 1986, 5, 49 Stat. 1570, 1572, as added by Act of July
19,1937, 1, 50 Stat. 515, 518 88 U. S. C 70th;.
See also Act of December 22, 1944, 1g; 58 Stat. 889, 901, authorizing the
Folsom Reservoir "with such modifications thereof as in the discretion" of
the Secretary of the Army and the Chief of engineers may be "advisablI."

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