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33 U.S.C. § 702a — Adoption of 1927 project; execution; creation of board; scope of authority; appropriation
Federal law — U.S. Code and appendices · legal_authorities
The project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of the Army dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session, is adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers: Provided, That a board to consist of the Chief of Engineers, the president of the Mississippi River Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the advice and consent of the Senate, whose compensation shall be fixed by the President and be paid out of the appropriations made to carry on this project, is created; and such board is authorized and directed to consider the engineering differences between the adopted project and the plans recommended by the Mississippi River Commission in its special report dated November 28, 1927, and after such study and such further surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to such engineering differences and the decision of the President upon all recommendations or questions submitted to him by such board shall be followed in carrying out the project herein adopted. The board shall not have any power or authority in respect to such project except as hereinbefore provided. Such project and the changes therein, if any, shall be executed in accordance with the provisions of [section 702h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-se
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Source file: Laws/federal/codes/united-states-code/title-33/section-702a-adoption-of-1927-project-execution-creation-of-board-scope-of-authority--6a796bffb5.md
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Source location: Title 33, Chapter 15, § 702a; chapter-015-flood-control.md
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The project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of the Army dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session, is adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers: Provided, That a board to consist of the Chief of Engineers, the president of the Mississippi River Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the advice and consent of the Senate, whose compensation shall be fixed by the President and be paid out of the appropriations made to carry on this project, is created; and such board is authorized and directed to consider the engineering differences between the adopted project and the plans recommended by the Mississippi River Commission in its special report dated November 28, 1927, and after such study and such further surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to such engineering differences and the decision of the President upon all recommendations or questions submitted to him by such board shall be followed in carrying out the project herein adopted. The board shall not have any power or authority in respect to such project except as hereinbefore provided. Such project and the changes therein, if any, shall be executed in accordance with the provisions of [section 702h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702h&num=0&edition=prelim). Such surveys shall be made between Baton Rouge, Louisiana, and Cape Girardeau, Missouri, as the board may deem necessary to enable it to ascertain and determine the best method of securing flood relief in addition to levees, before any flood-control works other than levees and revetments are undertaken on that portion of the river: Provided, That all diversion works and outlets constructed under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m and 704 of this title shall be built in a manner and of a character which will fully and amply protect the adjacent lands: Provided further, That pending completion of any floodway, spillway, or diversion channel, the areas within the same shall be given the same degree of protection as is afforded by levees on the west side of the river contiguous to the levee at the head of said floodway, but nothing herein shall prevent, postpone, delay, or in anywise interfere with the execution of that part of the project on the east side of the river, including raising, strengthening, and enlarging the levees on the east side of the river. The sum of $325,000,000 is authorized to be appropriated for this purpose.
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Federal law — U.S. Code and appendices · legal_authorities
The project herein authorized shall be prosecuted by the Mississippi River Commission under the direction of the Secretary of the Army and supervision of the Chief of Engineers and subject to the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. It shall perform such functions and through such agencies as they shall designate after consultation and discussion with the president of the commission. For all other purposes the existing laws governing the constitution and activities of the commission shall remain unchanged. The commission shall make inspection trips of such frequency and duration as will enable it to acquire first-hand information as to conditions and problems germane to the matter of flood control within the area of its jurisdiction; and on such trips of inspection ample opportunity for hearings and suggestions shall be afforded persons affected by or interested in such problems. The president of the commission shall be the executive officer thereof and shall have the qualifications prescribed by law on May 15, 1928, for the Assistant Chief of Engineers, shall have the title brigadier general, Corps of Engineers, and shall have the rank, pay, and allowances of a brigadier general while actually assigned to such duty: Provided, That the incumbent of the office on May 15, 1928, may be appointed a brigadier general of the Army, retired, and shall be eligible for the position of president of the commission if recalled to active service by the President under the provisions of existing law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702h
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Federal law — U.S. Code and appendices · legal_authorities
The project for the control of floods of the Mississippi River and its tributaries, adopted by [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim), is modified in accordance with the recommendations of section 43 of the report submitted by the Chief of Engineers to the Chairman of the Committee on Flood Control, dated February 12, 1935, and printed in House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session, as, in sections 642a, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title, further modified and amended; and as so modified is adopted and authorized and directed to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702a–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Alluvial valley, Mississippi River; Yazoo Basin levees; abandonment of Boeuf and Eudora Floodways and Northward Extension** The existing engineering plan for flood control in the alluvial valley of the Mississippi River is modified so as to provide for the construction of plan 4 as set forth in the report of the Mississippi River Commission, dated March 7, 1941, to the Chief of Engineers, except that the levees in the Yazoo Basin on the east bank of the Mississippi River south of the Coahoma-Bolivar County line in said plan shall have a three foot freeboard over the project flood, and all levees shall be constructed with adequate section and foundation to conform to increased levee heights. The Boeuf Floodway in the project adopted by sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title, and the Eudora Floodway as well as the Northward Extension and the back protection levee extending from the head of the said Eudora Floodway north to the Arkansas River in the project adopted by sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title, are abandoned, and the provisions of said sections relating to the prosecution of work on said floodways and extension are repealed; except that the Ouachita River Levees, Louisiana, authorized by [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim), shall remain as a component of the Mississippi River and Tributaries Project and afforded operation and maintenance responsibilities as provided under [section 702c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702c&num=0&edition=prelim).
**(b) Yazoo River project** The proje
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702a–12
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Federal law — U.S. Code and appendices · legal_authorities
The Boeuf Floodway, authorized by the provisions adopted in [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim), shall be abandoned as soon as the Eudora Floodway, provided for in Flood Control Committee Document Numbered 1, Seventy-fourth Congress, first session, is in operative condition and the back protection levee recommended in said document, extending north from the head of the Eudora Floodway, shall have been constructed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702a–2
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Federal law — U.S. Code and appendices · legal_authorities
Funds appropriated under authority of [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim) may be expended for the prosecution of such works for the control of the floods of the Mississippi River as have, prior to May 15, 1928, been authorized and are not included in the present project, including levee work on the Mississippi River between Rock Island, Illinois, and Cape Girardeau, Missouri, and on the outlets and tributaries of the Mississippi River between Rock Island and Head of Passes insofar as such outlets or tributaries are affected by the backwaters of the Mississippi: Provided, That for such work on the Mississippi River between Rock Island, Illinois, and Cape Girardeau, Missouri, and on such tributaries, the States or levee districts shall provide rights-of-way without cost to the United States, contribute 33⅓ per centum of the costs of the works, and maintain them after completion: And provided further, That not more than $10,000,000 of the sums authorized in [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim), shall be expended under the provisions of this section. In an emergency, funds appropriated under authority of [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim) may be expended for the maintenance of any levee when it is demonstrated to the satisfaction of the Secretary of the Army that the levee cannot be adequately maintained by the State or levee district.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702f
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army shall cause the Mississippi River Commission to make an examination and survey of the Mississippi River below Cape Girardeau, Missouri, (a) at places where levees have prior to May 15, 1928, been constructed on one side of the river and the lands on the opposite side have been thereby subjected to greater overflow, and where, without unreasonably restricting the flood channel, levees can be constructed to reduce the extent of this overflow, and where the construction of such levees is economically justified, and report thereon to the Congress as soon as practicable with such recommendations as the commission may deem advisable; (b) with a view to determining the estimated effects, if any, upon lands lying between the river and adjacent hills by reason of overflow of such lands caused by the construction of levees at other points along the Mississippi River, and determining the equities of the owners of such lands and the value of the same, and the commission shall report thereon to the Congress as soon as practicable with such recommendation as it may deem advisable: Provided, That inasmuch as the Mississippi River Commission made a report on the 26th day of October 1912, recommending a levee to be built from Tiptonville, Tennessee, to the Obion River in Tennessee, the said Mississippi River Commission is authorized to make a resurvey of said proposed levee and a relocation of the same if necessary, and if such levee is found feasible, and is approved by the board created in [section 702a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section702a&num=0&edition=prelim), and by the President the same shall be built out of appropriations made after May 15, 1928.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702k
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Federal law — U.S. Code and appendices · legal_authorities
Page 212
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 702a
ceive allotments for improvements under way
March 1, 1917, or thereafter to be undertaken.
[MAINTENANCE
OF
LEVEES
CONSTRUCTED
FOR
FLOOD
CONTROL.] Upon the completion of any
levee constructed for flood control under au-
thority of this section, said levee shall be turned
over to the levee district protected thereby for
maintenance thereafter; but for all other pur-
poses the United States shall retain such control
over the same as it may have the right to exer-
cise upon such completion.
(Mar. 1, 1917, ch. 144, § 1, 39 Stat. 948; Mar. 4, 1923,
ch. 277, 42 Stat. 1505; July 26, 1947, ch. 343, title
II, § 205(a), 61 Stat. 501.)
Editorial Notes
CODIFICATION
Last clause of first paragraph was originally limited
to appropriations made for a period of six years begin-
ning July 1, 1924.
The portion of the first paragraph providing ‘‘and a
sum not to exceed $10,000,000 annually is hereby author-
ized to be appropriated for that purpose, for a period of
six years beginning July 1, 1924’’ together with the
fourth paragraph, relating to expenditures for improve-
ments between Head of Passes and Rock Island, were
from act Mar. 4, 1923, which superseded provisions on
the same subjects contained in act Mar. 1, 1917, from
which the rest of the section was derived, and were
omitted as executed.
Sections 2 and 3 of act Mar. 1, 1917, are classified to
sections 703 and 701, respectively, of this title, and sec-
tion 4 of act Mar. 1, 1917, amended section 643 of this
title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Sec-
retary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 S
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 702a
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