33 U.S.C. § 702a — Adoption of 1927 project; execution; cre-

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relating to expenditures for improve- ments between Head of Passes and Rock Island, were from act Mar. 4, 1923, which superseded provisions on the same subjects contained in act Mar. 1, 1917, from which the rest of the section was derived, and were omitted as executed.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 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 702a. Adoption of 1927 project; execution; cre- ation of board; scope of authority; appropria- tion The project for the flood control of the Mis- sissippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the en- gineering 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 direc- tion of the Secretary of the Army and the super- vision 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 ad- vice and consent of the Senate, whose compensa- tion 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 dif- ferences between the adopted project and the plans recommended by the Mississippi River Commission in its special report dated Novem- ber 28, 1927, and after such study and such fur- ther surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to such engi- neering differences and the decision of the Presi- dent upon all recommendations or questions submitted to him by such board shall be fol- lowed in carrying out the project herein adopt- ed. The board shall not have any power or au- thority in respect to such project except as here- inbefore provided. Such project and the changes therein, if any, shall be executed in accordance with the provisions of section 702h of this title. 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 se- curing 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 sec- tions 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: Pro- vided 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. All unexpended balances of appropriations prior to May 15, 1928, made for prosecuting work of flood control on the Mississippi River in ac- cordance with the provisions of section 702 of this title, are made available for expenditure under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, and 702m of this title. (May 15, 1928, ch. 569, § 1, 45 Stat. 534; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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. 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 Page 213 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702a–4 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. ABANDONMENT AND REPEAL OF PROJECTS For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provi- sions relating to prosecution of work, see section 702a–12 of this title. § 702a–1. Modification of project of 1927; adop- tion The project for the control of floods of the Mississippi River and its tributaries, adopted by section 702a of this title, is modified in accord- ance 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 ses- sion, 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 Sec- retary of the Army and the supervision of the Chief of Engineers. (June 15, 1936, ch. 548, § 1, 49 Stat. 1508; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes PRIOR PROVISIONS A prior section 702a–11⁄2, act June 28, 1938, ch. 795, § 4, 52 Stat. 1220, which related to further modification of 1927 project, was transferred to section 702a–1a of this title. A prior section 702a–13⁄4, act Aug. 18, 1941, ch. 377, § 3, 55 Stat. 642, which related to further modificiation and adoption of Lower Mississippi River flood control project, was transferred to section 702a–1b 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 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. § 702a–1a. Further modification of 1927 project; adoption; appropriation In accordance with the recommendations of the Chief of Engineers, as set forth in his report of April 6, 1937, and published as Flood Control Committee Document Numbered 1, Seventy-fifth Congress, first session, paragraph 38(b), except subparagraph (1), the project for flood control of the Lower Mississippi River adopted by sections 642a, 702a, 702a–1, 702a–2 to 702d, 702e to 702h, 702i to 702m, and 704 of this title, is modified and, as modified, is adopted, and there is authorized to be appropriated in addition to the sums pre- viously authorized $40,000,000 to be applied for the purposes set forth in said document covering the said recommendations, with the exceptions mentioned, subject to the provisions made in section 702a–11 of this title. (June 28, 1938, ch. 795, § 4, 52 Stat. 1220.) Editorial Notes CODIFICATION Section was formerly classified to section 702a–11⁄2 of this title. § 702a–1b. Further modification; adoption The project for flood control of the Lower Mis- sissippi River adopted by sections 642a, 702a to 702a–1a, 702a–2 to 702d, and 702e to 702h, 702i to 702m, and 704 of this title is modified and, as modified, is authorized and adopted. (Aug. 18, 1941, ch. 377, § 3, 55 Stat. 642.) Editorial Notes CODIFICATION Section was formerly classified to section 702a–13⁄4 of this title. § 702a–2. Abandonment of Boeuf Floodway The Boeuf Floodway, authorized by the provi- sions adopted in section 702a of this title, shall be abandoned as soon as the Eudora Floodway, provided for in Flood Control Committee Docu- ment Numbered 1, Seventy-fourth Congress, first session, is in operative condition and the back protection levee recommended in said doc- ument, extending north from the head of the Eudora Floodway, shall have been constructed. (June 15, 1936, ch. 548, § 2, 49 Stat. 1509.) Statutory Notes and Related Subsidiaries ABANDONMENT AND REPEAL OF PROJECTS For abandonment of Boeuf Floodway and Eudora Floodway as well as Northward Extension and back protection levee extending from head of Eudora Floodway north to Arkansas River and repeal of provi- sions relating to prosecution of work, see section 702a–12 of this title. § 702a–3. Levees; raising and enlarging The levees along the Mississippi River from the head of the Morganza Floodway to the head of the Atchafalaya River and down the east bank of the Atchafalaya River to intersection with the west protection levee of said Morganza Floodway shall be raised and enlarged to 1928 grade and section. (June 15, 1936, ch. 548, § 3, 49 Stat. 1509.) § 702a–4. Fuse-plug levees After the Eudora Floodway shall have been constructed and is ready for operation, the fuse- plug levees now at the head of the Boeuf and Tensas Basins shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the west side shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be constructed to the 1914 grade and 1928 section, and, after the Morganza Floodway has been completed, shall