OCR Text |
Show 104 Continuing Authorizations-Lakes Survey.-The survey- ing and charting of the "Northern and Northwestern lakes" is accomplished as a project under unique authorizations of a continuing nature. Since 1841, the Department of the Army has made surveys of the Great Lakes under legislation ap- propriating funds for that purpose, ascertaining and charting depths in all significant directions to a plane 30 feet below the adopted low-water datum of the open lakes and 25 feet below the corresponding datum in the channels of the connecting rivers.163 The scope of this continuing lake survey was ex- tended in 1911 to include lakes and other navigable waters of the New York State canals;164 in 1913, to include Lake Cham- plain; 165 and in 1914, to include the boundary waters between the Lake of the Woods and Lake Superior.166 Allocation to Navigation at Reclamation Projects.-Under the 1939 Reclamation Project Act, a portion of the total esti- mated construction cost of a reclamation project may be al- located by the Secretary of the Interior to navigation on a non- reimbursable basis.167 And the 1939 Act permits automatic authorization of a reclamation project upon fulfillment of pre- scribed conditions, including the express amendment in the 1944 Flood Control Act.168 Special Projects.-Particular note should be made of three important project authorizations which are exceptions to the general legislative practice of authorizing works in omnibus River and Harbor Acts. All provided for works of improve- ment for navigation and additional purposes. Earliest was the authorization in the 1916 National Defense Act for the construction and operation by the Army Engineers of the Wilson Dam on the Tennessee River, later transferred to TVA.169 In 1937, Congress authorized the Army Engineers to 188 Act of March 3, 1841, § 1, 5 Stat. 421, 431; and, e. g.t Act of October 13,1949, § 1, 63 Stat. 845, -. 164 Act of March 4,1911, § 1, 36 Stat. 1363,1407. 168 Act of June 23,1913, § 1, 38 Stat. 4,38. 169 Act of August 1,1914, § 1, 38 Stat. 609, 637. 187 Act of August 4,1939, § 9(a), 53 Stat. 1187,1193, 43 U. S. C. 485h(a). lftS Act of December 22,1944, § l(c), 58 Stat. 887, 889. 189 Act of June 3, 1916, § 124, 39 Stat. 166, 215, 50 U. S. C. 79. See supra, pp. 54-55. |