OCR Text |
Show 516 regulation of commerce."121 In addition, reports must con- tain a statement of "special or local benefit which will accrue to localities affected by such improvement and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on account of such special or local benefit."122 Moreover, in reviewing such reports, the Board of Engineers for Rivers and Harbors is required to have in view the amount and character of commerce existing or reasonably prospective which will be benefited by the improvement; the "relation of the ultimate cost of such work, both as to cost of construction and maintenance, to the public commercial interests in- volved;" and the public necessity for the work, and the pro- priety of its construction, continuance, or maintenance at the expense of the United States.123 Superimposed on the foregoing requirements is the policy adopted by Congress in 1944 in connection with the exercise of its jurisdiction over the rivers of the Nation through the con- struction of navigation and flood-control improvements.124 That policy recognizes the interests and rights of the states in determining the development of watersheds within their bor- ders and in water utilization and control, as therein authorized, to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the waters of the Nation's rivers.125 Moreover, that policy is to facilitate the consideration of projects "on a basis of comprehensive and coordinated de- velopment," and to limit:126 121 Id. See also supra, n. 41, pp. 396-397. m Act of June 5, 1920, § 2, 41 Stat. 1009, 1010, 33 U. S. C. 547. 123 Act of June 13, 1902, § 3, 32 Stat. 331, 372, as amended, 33 U. S. C. 541. "Commerce" is defined to include the use of waterways by "seasonal passen- ger craft, yachts, house boats, fishing boats, motor boats, and other similar water craft, whether or not operated for hire." Act of February 10, 1932, 47 Stat. 42, see 33 U. S. C. 541. 124 Act of December 22, 1944, § 1, 58 Stat. 887, 888. This is the 1944 Flood Control Act. The same statement was repeated in the 1945 River and Har- bor Act. Act of March 2, 1945, § 1, 59 Stat. 10. It has since been made ap- plicable in each River and Harbor and Flood Control Act. For the full text of the provision, see supra, p. 96. 125 Id. ™Id. |