OCR Text |
Show 521 works of improvement for navigation or flood control, not theretofore or therein authorized, be transmitted to each "af- fected" state, and to the Secretary of the Interior in certain cases.147 Any state in which the works or any part thereof are proposed to be located is an "affected" state; in states lying wholly or in part west of the ninety-eighth meridian, any state within the drainage basin involved is also an "affected" state; while any state east of the ninety-eighth meridian, in addition to that in which the project is located, is an "affected" state only if in the judgment of the Chief of Engineers it will be sub- stantially affected by the proposed project.148 Not all Army Engineer reports must be submitted to the Secretary of the Interior, only those where the plans or proposals are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian.149 A 90-day period is provided within which the Secretary of the Interior and each "affected" state may submit written views and recommendations to the Chief of Engineers.150 These must be transmitted to Congress by the Secretary of the Army, with such comments and recommendations as he deems appropriate, along with the proposed report.151 In the case of plans, proposals, or reports for irrigation proj- ects, the Secretary of the Interior is subject to the same pro- visions as are prescribed for the Chief of Engineers and the 147 Act of December 22, 1944, § l(a), 58 Stat. 887, 888. The provisions of § 1 were repeated in the 1945 River and Harbor Act. Act of March 2,1945, 59 Stat. 10. While these provisions may be of continuing effect, they have nevertheless since been made specifically applicable in each River and Har- bor and Flood Control Act. See also 90 Cong. Rec. 8487, and see supra, n. 136, p. 417. 148 § l(a), 58 Stat. 887, 888. 148 Id. The ninety-seventh meridian passes through Minnesota imme- diately east of Grand Forks, North Dakota, thence through North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas between Dallas and Fort Worth. States wholly or partly west of the ninety-eight meridian include the foregoing States excepting Minnesota, and all states west of them. These are the 17 Western States under Reclamation Law. See supra, p. 183. 150 Id. 161 Id. |