Page:United States Statutes at Large Volume 58 Part 1.djvu/908

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PUBLIC LAWS-CH. 665-DEC. 22, 1944 Submission ofplans, reports, etc. Interests of affected States. Waters arising west of 97th meridian. Representative for State. "A ffected State or States. " Coordination with other plans. Transmittal of pro- posed report to States, etc. Views and recom- mendations. Transmittal of pro- posed report to Con- awn as herein authorized, it is hereby declared to be the policy of the Con- gress to recognize the interests and rights of the States in determining the development of the watersheds within their borders and likewise their interests and rights in water utilization and control, as herein authorized to preserve and protect to the fullest possible extent estab- lished and potential uses, for all purposes, of the waters of the Nation's rivers; to facilitate the consideration of projects on a basis of com- prehensive and coordinated development; and to limit the authoriza- tion and construction of navigation works to those in which a substan- tial benefit to navigation will be realized therefrom and which can be operated consistently with appropriate and economic use of the waters of such rivers by other users. In conformity with this policy: (a) Plans, proposals, or reports of the Chief of Engineers, War Department, for any works of improvement for navigation or flood control not heretofore or herein authorized, shall be submitted to the Congress only upon compliance with the provisions of this para- graph (a). Investigations which form the basis of any such plans, pro- posals, or reports shall be conducted in such a manner as to give to the affected State or States, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and, to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or part are con- cerned with the use or control of waters arising west of the ninety- seventh meridian, the Chief of Engineers shall give to the Secretary of the Interior, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investi- gations. The relations of the Chief of Engineers with any State under this paragraph (a) shall be with the Governor of the State or such official or agency of the State as the Governor may designate. The term "affected State or States" shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and situ- ated in a State lying wholly or in part west of the ninety-eighth meridian; and such of those which are east of the ninety-eighth meridian as, in the judgment of the Chief of Engineers, will be sub- stantially affected. Such plans, proposals, or reports and related investigations shall be made to the end, among other things, of facili- tating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each report submitting any such plans or proposals to the Congress shall set out therein, among other things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, submitted by the affected States and by the Secretary of the Interior. The Chief of Engineers shall transmit a copy of his pro- posed report to each affected State, and, in case the plans or proposals covered by the report are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within ninety days from the date of receipt of said proposed report, the written views and recommendations of each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of War shall transmit to the Congress, with such comments and rec- ommendations as he deems appropriate, the proposed report together with the submitted views and recommendations of affected States and 888 [58 STAT.