33 U.S.C. § 702d — Untitled legal text

Page 219 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702d 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. APPLICATION OF 1950 INCREASE IN AUTHORIZATION CON- TAINED IN SUBSEC. (c) TO OLD AND ATCHAFALAYA RIVERS PROJECT Section 203 of act Sept. 3, 1954, ch. 1264, title II, 68 Stat. 1258, in addition to authorizing an amount of $32,000,000 for control of the Old and Atchafalaya Rivers and a lock for navigation, provided in part that the $15,000,000 increase in authorization by act May 17, 1950 in amending subsec. (c) of this section (see 1950 Amend- ment note above), should be applied to such project. § 702b. Local contribution toward cost of flood control work It is declared to be the sense of Congress that the principle of local contribution toward the cost of flood control work, which has been incor- porated in all previous national legislation on the subject, is sound, as recognizing the special interest of the local population in its own pro- tection, and as a means of preventing inordinate requests for unjustified items of work having no material national interest. As a full compliance with this principle in view of the great expendi- ture estimated at approximately $292,000,000, prior to May 15, 1928, made by the local interests in the alluvial valley of the Mississippi River for protection against the floods of that river; in view of the extent of national concern in the control of these floods in the interests of na- tional prosperity, the flow of interstate com- merce, and the movement of the United States mails; and, in view of the gigantic scale of the project, involving flood waters of a volume and flowing from a drainage area largely outside the States most affected, and far exceeding those of any other river in the United States, no local contribution to the project herein adopted is re- quired. (May 15, 1928, ch. 569, § 2, 45 Stat. 535.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, which enacted sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete classification of this Act to the Code, see Tables. § 702c. Expenditures for construction work; con- ditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights Except when authorized by the Secretary of the Army upon the recommendation of the Chief of Engineers, no money appropriated under au- thority of sections 702a and 702g of this title shall be expended on the construction of any item of the project until the States or levee dis- tricts have given assurances satisfactory to the Secretary of the Army that they will (a) main- tain all flood-control works after their comple- tion, except controlling and regulating spillway structures, including special relief levees; main- tenance includes normally such matters as cut- ting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the pro- visions of section 702d of this title; (c) provide without cost to the United States, all rights-of- way for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes. No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however, That if in carrying out the purposes of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title it shall be found that upon any stretch of the banks of the Mississippi River it is impracticable to con- struct levees, either because such construction is not economically justified or because such construction would unreasonably restrict the flood channel, and lands in such stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the construction of levees on the oppo- site banks of the river it shall be the duty of the Secretary of the Army and the Chief of Engi- neers to institute proceedings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands. (May 15, 1928, ch. 569, § 3, 45 Stat. 535; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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. § 702d. Flowage rights; condemnation pro- ceedings; benefits to property The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main chan- nel of the Mississippi River: Provided, That in all cases where the execution of the flood control plan herein adopted results in benefits to prop- erty such benefits shall be taken into consider- ation by way of reducing the amount of com- pensation to be paid. The Secretary of the Army may cause pro- ceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief of Engineers, are needed in carrying out this project, the said pro- ceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the Page 220 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702d–1 owner of any land, easement, or right of way shall fix a price for the same which, in the opin- ion of the Secretary of the Army is reasonable, he may purchase the same at such price; and the Secretary of the Army is also authorized to ac- cept donations of lands, easements, and rights of way required for this project. The provisions of sections 594 and 595 of this title are made appli- cable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the pro- visions of this section shall be turned over with- out cost to the ownership of States or local in- terests. (May 15, 1928, ch. 569, § 4, 45 Stat. 536; Nov. 30, 1945, ch. 496, 59 Stat. 587; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes AMENDMENTS 1945—Act Nov. 30, 1945, substituted second sentence of second par. for a sentence which read ‘‘In all such pro- ceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when confirmed by the court, shall be final.’’ 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. § 702d–1. Bonnet Carre Spillway and Floodway; rights-of-way, etc., over lands The proviso in section 702d of this title ‘‘That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests,’’ shall not apply to the lands heretofore acquired or that may be hereafter acquired in connection with the construction, maintenance, or operation of the Bonnet Carre Spillway and Floodway. The Secretary of the Army is authorized to grant to any citizen, association, railroad, or other cor- poration, State or public agency thereof, rights- of-way, easements, and permits, over, across, in, and upon said lands for railway, highway, tele- phone, telegraph, and pipe-line crossings, and other purposes. The grants issued in pursuance of this authority shall be under such terms and conditions as the Secretary of the Army may deem advisable for the protection of the public interests, and may be perpetual or temporary in his discretion. (Feb. 15, 1933, ch. 76, 47 Stat. 810; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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. § 702e. Maps for project; preparation Subject to the approval of the heads of the several executive departments concerned, the Secretary of the Army, on the recommendation of the Chief of Engineers, may engage the serv- ices and assistance of the National Ocean Sur- vey, the United States Geological Survey, or other mapping agencies of the Government, in the preparation of maps required in furtherance of this project, and funds to pay for such serv- ices may be allotted from appropriations made under authority of sections 702a and 702g of this title. (May 15, 1928, ch. 569, § 5, 45 Stat. 536; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Geological Survey’’ substituted in text for ‘‘Geological Survey’’ pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands. 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. Executive Documents CHANGE OF NAME Coast and Geodetic Survey consolidated with Na- tional Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Envi- ronmental Science Services Administration abolished in 1970, and its personnel, property, records, etc., trans- ferred to National Oceanic and Atmospheric Adminis- tration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Com- merce and Trade. TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. The Geological Survey, referred to in text, is an agency of Department of the Interior. § 702f. Expenditures for earlier projects Funds appropriated under authority of section 702a of this title may be expended for the pros- ecution of such works for the control of the floods of the Mississippi River as have, prior to