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<br />Appendi:: D
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<br />TIlE CORPS OF mm:mEEl1S' UNlJERST.'\NDING
<br />OF ~'iiE 0' NAfrONl':Y-MII.tIlaN~,NDi,iE;o/r
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<br />
<br />Presented by
<br />I-'ajor Gene!"a,l I~eith R. Bamey ,
<br />Division Engineer, U. S. ~ Engineer Division, Missouri River
<br />, before the
<br />Misso~'i Basin Inter-Agency Committee
<br />
<br />, G~'and Forks, North Daltota, April 20, 1960
<br />
<br />At a previous meeting some interest'was expressed in an expla~ation
<br />by the COl"'PS of El'.gineers of its understandin3 of the O'l~ahoney-Nillikin
<br />Amendmer.t. Although the views of the Corps on this mattcr have previously
<br />been furnished to tais Committee and to Congressional Committees as well,
<br />'I am pleased to s~Umnerize briefly the views of the Corps of ~gineers
<br />concerning,this very ~ortant'part' of our National water-resources legis-
<br />lation.
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<br />At the outset, I wish to emphasize that the Corps of Engineers has
<br />adhered to, and will continue to adhere to, the provisions of this Amendment
<br />in the Missouri Basin and in all other areas to which it applies. ThE' Amend-
<br />ment sponsored by Senator O'Mahcney and ,Senator Millik::'n, as finally modified
<br />and adopted,; constitutes the en'~i.re first section of the Flood Control Act
<br />approved December 22, 1944, and the entire first section of the River and
<br />Harbor Act approved March 2, 1945. The wording of tne first section is
<br />practically i<lentical in both Acts.
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<br />Section 1 (a) of both Acts provides that, before any plans, proposals,
<br />or reports of the Chief of Engineers for a.IliY works of improvement for navi-
<br />gation or flood control are submitted to Congress, the investigations shall
<br />,be coordinated with each affected State aDd the reports shall be submitted
<br />to such States for comment and recommendation. Section 1 (c) of both Acts
<br />provides that the Secretary of the Interior, iD making investigations of,
<br />and reports on, works for irrigation and purposes incidental thereto shall,
<br />in relation to an affected State or States, be subject to the same provisions
<br />regaI'd1ng investigations, plems, proposals, and reports as are prescribed in
<br />Section 1 (a) for the Chief' of Engineers. The Corps of Engineers understands
<br />these provisions as expressing the inten't of Congress that the States' shall
<br />be given every opportunity to participate in the planning of' Federal water-
<br />resources developments which affect them. I believe this is the only inter-
<br />pretation possible.
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<br />We' consider that the most significant feature of the O'Ma.honey-Millikin
<br />Amendment is this recognition of the interests and ri&hts of the States in
<br />water-resources development. To the best of' its ability, the Corps of Engineere
<br />endeavors to achieve fulJ. coordination with the States and other local inter-
<br />'ests during the course of its investieations. Of course, this Committee,'with
<br />its strong representation f'rom all of the Basin states, has contributed mate-'
<br />rially to such cooI'd1oation' in all phases of our project plann1ng and develop-
<br />ment. Further, we in the Corps, do not limit such coordination to investigatior
<br />
<br />D.l;'
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