OCR Text |
Show to localities affected by the proposed improve- ment and a statement of general or national bene- fits, with recommendations as to what local co- operation should be required, if any, on account of such special or local benefits. Provision has been made for review of all re- ports by the Board of Engineers for Rivers and Harbors, the creation of which in the Office of the Chief of Engineers was authorized by Con- gress in 1902. All reports on examinations and surveys must be referred to this board for con- sideration and recommendation. The interests and rights of States in waterway development for navigation and flood control has been expressly recognized by Congress since 1944. It is required that States be given an opportunity for consultation and, to the extent deemed prac- ticable by the Chief of Engineers, an opportunity to cooperate in investigations. Like examinations and surveys, navigation projects may be undertaken only when author- ized by Congress. But a number of laws in the nature of continuing authorizations provide for various types of work. Many of them enable some discretion in the use of funds. These in- clude authorizations relating to such matters as modifications in plan and location in connection with repair of navigation works; bridges on dams; snag removal; drift removal; repair, relocation, restoration, or protection of highways, railways, or utilities damaged by operation of Army res- ervoir projects; fishways; provision for future de- velopment of power; and lake surveys. General practice of Congress has been to ap- propriate annual lump sums for the prosecution of authorized projects. The bulk of expense of navigation improvements is borne by the Federal Government. As already noted, survey reports contain a statement of special or local benefits, with recommendations as to what local contribu- tions should be required. In reports adopted by Congress, this contribution when required has variously consisted of cash, lands, easements and rights-of-way, or local construction works such as terminals, public wharves, or other struc- tures. In the case of navigation projects authorized since 1944, it is required that the use for naviga- tion 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 in- dustrial purposes. Cooperation with the Fish and Wildlife Service is required, and also with the Secretary of the Interior in case of plans and pro- posals concerning waters arising west of the ninety-seventh meridian. Still other statutes govern the operation of proj- ects under Army control. Surplus power is de- livered to the Secretary of the Interior for disposal, and provision is also made for use of such projects for irrigation purposes. Likewise, the Secretary of the Army has authority to contract for domestic and industrial uses for surplus water. He may also construct, maintain, and operate public park and recreational facilities in reservoir areas. Similarly, provision is made for use of reservoirs and lands connected therewith for the conserva- tion of wildlife, and for the use of dams as founda- tions for bridges. Protection.-For the purpose of protecting and preserving navigable waters of the United States, Congress has enacted legislation governing erec- tion of dams, bridges, dikes, causeways, piers, wharves, and other structures; the removal of sunken vessels; the deposit of refuse materials; the operation of drawbridges; the use, administration, and navigation of waterways; the deposit of oil in coastal waters, and other protective measures- all administered by the Department of the Army. Alteration of unreasonably obstructive bridges may be required by the Secretary of the Army. As to highway bridges, such work is accomplished at the expense of the owners. Under a 1940 law, provision is made for contribution by the United States toward the cost of altering unreasonably obstructive railway bridges. With some exceptions, the Secretary of the Army has authority to prescribe reasonable rates of toll for passage across bridges over navigable waters of the United States. International Waters.-In the case of certain international waters, provision has been made for 283 |