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33 U.S.C. § 702k — Surveys below Cape Girardeau, Missouri; resurvey of levee in Tennessee
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.
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Source file: Laws/federal/codes/united-states-code/title-33/section-702k-surveys-below-cape-girardeau-missouri-resurvey-of-levee-in-tennessee--1cc9fefe9e.md
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Source location: Title 33, Chapter 15, § 702k; chapter-015-flood-control.md
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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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 702a
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Federal law — U.S. Code and appendices · legal_authorities
Page 224
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 702j–2
(b) furnish, without cost to the United States,
all lands and easements necessary to the con-
struction of levees and drainage ditches.
(June 15, 1936, ch. 548, § 4, 49 Stat. 1509; Aug. 28,
1937, ch. 877, § 6, 50 Stat. 880; July 26, 1947, ch. 343,
title II, § 205(a), 61 Stat. 501.)
Editorial Notes
CODIFICATION
Par. (1) is comprised of act June 15, 1936, and par. (2)
is from act Aug. 28, 1937.
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 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under ad-
ministrative supervision of Secretary of the Army.
§ 702j–2. White River Levee District; rights-of-
way; drainage facilities; flowage rights; ac-
quisition by local authorities; protection of
United States from liability for damages
The Chief of Engineers, under the supervision
of the Secretary of the Army, shall at the ex-
pense of the United States Government con-
struct a system of levees substantially in ac-
cordance with general plan shown on map des-
ignated as sheet numbered 1 entitled ‘‘Tributary
Levee Location Survey—White River Levee Dis-
trict—Proposed Levee Location’’ accompanying
report dated April 2, 1925, and filed in office of
First and Second Mississippi River Commission
Districts, Memphis, Tennessee. The Chief of En-
gineers shall have the right to alter, change, or
modify said plan as to the
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 702k
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