§ 702c. Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1928

   Pub. L. 70–569 § 3 · 45 Stat. 534

   Enacted · 33 U.S.C. § 702c

   May 15, 1928, ch. 569, § 3, 45 Stat. 535

   Source evidence

   Code source credit
   May 15, 1928, ch. 569, § 3, 45 Stat. 535

   Enacted provision · exact public law section
   Sec. 3. Except when authorized by the Secretary of War upon the Assurances required of States, etc., before expenditure on any item of the project. recommendation of the Chief of Engineers, no money appropriated under authority of this Act shall be expended on the construction of any item of the project until the States or levee districts have given assurances satisfactory to the Secretary of War that they will (a) Maintain flood control works after completion. maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river Accept lands turned over to them. Provide right of way for levees etc. on main river from Cape Girardeau to Head of Passes. levees; (b) agree to accept land turned over to them under the provisions of section 4; (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 Federal liability for flood damages. 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: Proviso. Land or flowage rights to be acquired where levees not practicable, and lands subject to overflow, but are not now subject thereto by levees on opposite bank. Provided, however, That if in carrying out the purposes of this Act it shall be found that upon any stretch of the banks of the Mississippi River it is impracticable to construct 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 opposite banks of the river it shall be the duty of the Secretary of War and the Chief of Engineers 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.

1 of 1 references resolved to an enrolled provision