33 U.S.C. § 702f — Expenditures for earlier projects

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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 Page 221 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 702g–1 May 15, 1928, been authorized and are not in- cluded in the present project, including levee work on the Mississippi River between Rock Is- land, 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 af- fected by the backwaters of the Mississippi: Pro- vided, 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, con- tribute 331⁄3 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, shall be expended under the provi- sions of this section. In an emergency, funds ap- propriated under authority of section 702a of this title may be expended for the maintenance of any levee when it is demonstrated to the sat- isfaction of the Secretary of the Army that the levee cannot be adequately maintained by the State or levee district. (May 15, 1928, ch. 569, § 6, 45 Stat. 536; 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. § 702g. Appropriation for emergency fund The sum of $5,000,000 is authorized to be appro- priated as an emergency fund to be allotted by the Secretary of the Army on the recommenda- tion of the Chief of Engineers, in rescue work or in the repair or maintenance of any flood-con- trol work on any tributaries of the Mississippi River threatened or destroyed by flood including the flood of 1927: Provided, That the unexpended and unallotted balance of said sum, or so much thereof as may be necessary, may be allotted by the Secretary of the Army on the recommenda- tion of the Chief of Engineers in the reimburse- ment of levee districts or others for expendi- tures heretofore incurred or made for the con- struction, repair, or maintenance of any flood- control work on any tributaries or outlets of the Mississippi River that may be threatened, im- paired, or destroyed by the flood of 1927 or subse- quent flood or that have been impaired, dam- aged, or destroyed by flood; and also in the con- struction, repair, or maintenance, and in the re- imbursement of levee districts or others for the construction, repair, or maintenance of any flood-control work on any of the tributaries or outlets of the Mississippi River that have been impaired, damaged, or destroyed by caving banks or that may be threatened or impaired by caving banks of such tributaries, whether or not such caving has taken place during a flood stage: Provided further, That if the Chief of Engi- neers finds that it has been or will be necessary or advisable to change the location of any such flood-control work in order to provide the pro- tection contemplated by this section, such change may be approved and/or authorized. (May 15, 1928, ch. 569, § 7, 45 Stat. 537; June 19, 1930, ch. 542, 46 Stat. 787; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes AMENDMENTS 1930—Act June 19, 1930, inserted provisos. 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. § 702g–1. Additional appropriation for emergency fund The sum of $15,000,000 is authorized to be ap- propriated as an emergency fund to be allocated by the Secretary of the Army on the rec- ommendation of the Chief of Engineers in rescue work or in the repair or maintenance of any flood-control work on any tributary of the Mis- sissippi River threatened or destroyed by flood heretofore or hereafter occurring: Provided, That the unexpended and unallotted balance of said sum, or so much thereof as may be necessary, may be allotted by the Secretary of the Army, on the recommendation of the Chief of Engi- neers, in the reimbursement of levee districts or others for expenditures incurred or made prior to June 15, 1936 for the construction, repair, or maintenance of any flood-control work on any tributaries or outlets of the Mississippi River that may be threatened, impaired, or destroyed by the flood of 1927 or subsequent flood; and also in the construction, repair, or maintenance, and in the reimbursement of levee districts or others for the construction, repair, or maintenance of any flood-control work on any of the tributaries or outlets of the Mississippi River that may have been impaired, damaged, or destroyed by caving banks or that may be threatened or im- paired by caving banks, of such tributaries, whether or not such caving has taken place dur- ing a flood stage: Provided further, That if the Chief of Engineers finds that it has been or will be necessary or advisable to change the location of any such flood-control work in order to pro- vide the protection contemplated by this sec- tion, such change may be approved and author- ized. (June 15, 1936, ch. 548, § 9, 49 Stat. 1511; 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-