33 U.S.C. § 702k — Surveys below Cape Girardeau, Missouri;

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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 grades and levee sec- tions: Provided, however, That no work shall be commenced on the above-mentioned project until the State, levee boards, or other respon- sible local interests have given assurances satis- factory to the Secretary of the Army that they will (a) provide without cost to the United States all rights-of-way necessary for the con- struction of said project; (b) provide drainage fa- cilities made necessary by construction of lev- ees; (c) acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of the Secretary of the Army or the Chief of Engineers to use said area, or any part thereof, for an emergency reservoir; (d) hold and save the United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency. (June 15, 1936, ch. 548, § 5, 49 Stat. 1509; 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. § 702k. Surveys below Cape Girardeau, Missouri; resurvey of levee in Tennessee The Secretary of the Army shall cause the Mississippi River Commission to make an exam- ination 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, with- out 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 deter- mining 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: Pro- vided, 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 Com- mission 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, and by the President the same shall be built out of appropriations made after May 15, 1928. (May 15, 1928, ch. 569, § 11, 45 Stat. 538; 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. § 702k–1. Authorization of appropriation $272,000,000 is authorized to be appropriated for the carrying out of the modified adopted project, and all unexpended balances of appro- priations heretofore made for the prosecution of said flood-control project are made available for the purposes of sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. (June 15, 1936, ch. 548, § 13, 49 Stat. 1513.)