§ 702a-10. — Flowage rights and rightsofway; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC702a-10]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 702a-10. Flowage rights and rights-of-way; reimbursement of
local authorities; highway crossings; use of properties for
national forests or wildlife refuges
In order to facilitate the United States in the acquisition of
flowage rights and rights-of-way for levee foundations, the Secretary of
the Army is authorized to enter into agreements with the States or with
local levee districts, boards, commissions, or other agencies for the
acquisition and transfer to the United States of such flowage rights and
levee rights-of-way, and for the reimbursement of such States or local
levee districts, boards, commissions, or other agencies, for the cost
thereof at prices previously agreed upon between the Secretary of the
Army and the governing authority of such agencies, within the maximum
limitations hereinafter prescribed: Provided, That no money appropriated
under the authority of sections 702g-1 and 702k-1 of this title shall be
expended upon the construction of the Eudora Floodway, the Morganza
Floodway, the back protection levee extending north from the Eudora
Floodway, or the levees extending from the head of the Morganza Floodway
to the head of and down the east bank of the Atchafalaya River to the
intersection of said Morganza Floodway until 75 per centum of the value
of the flowage rights and rights-of-way for levee foundations, as
estimated by the Chief of Engineers, shall have been acquired or options
or assurances satisfactory to the Chief of Engineers shall have been
obtained for the Eudora Floodway, the Morganza Floodway, and the area
lying between said back protection levee and the present front line
levees: Provided further, That easements required in said areas in
connection with roads and other public utilities owned by States or
political subdivisions thereof shall be provided without cost to the
United States upon the condition, that the United States shall provide
suitable crossings, including surfacing of like character, over floodway
guide-line levees in said areas for all improved roads now constituting
a part of the State highway system, and shall repair all damage done to
said highways within the said floodways by the actual use of such
floodways for diversion: Provided further, That when such portion of
said rights as to all of said areas shall have been acquired or obtained
and when said easements required in connection with roads and other
public utilities owned by States or political subdivisions thereof have
been provided as hereinabove set forth, construction of said flood-
control works in said areas shall be undertaken according to the
engineering recommendations of the Report of the Chief of Engineers
dated February 12, 1935 (House Committee on Flood Control Document
Numbered 1, Seventy-fourth Congress, first session), and the Secretary
of the Army shall cause proceedings to be instituted for the
condemnation of the remainder of said rights and easements, as are
needed and cannot be secured by agreement, in accordance with section
702d of this title: Provided further, That in no event and under no
circumstances shall any of the additional money appropriated under the
authority of sections 702g-1 and 702k-1 be expended for the acquisition
of said 75 per centum of the flowage rights and rights-of-way
hereinabove contemplated in excess of $20,000,000: Provided further,
That the Chief of Engineers is authorized, out of the funds herein
authorized to be appropriated, to purchase flowage easements over lands
and properties in the floodway west of the Atchafalaya River and lying
above the approximate latitude of Krotz Springs: Provided further, That
none of such easements in said West Atchafalaya Floodway shall be
purchased until options covering at least 75 per centum of the total
value of such easements as estimated by the Chief of Engineers shall
have been obtained at prices deemed reasonable by the Chief of Engineers
and not exceeding in the aggregate $2,250,000 for said 75 per centum of
said easements with respect to the floodway west of the Atchafalaya
River: Provided further, That easements required in said West
Atchafalaya Floodway in connection with roads and other public utilities
owned by States or other political subdivisions shall be provided
without cost to the United States upon condition that the United States
shall provide suitable crossings, including surfacing of like character,
over floodway guide-line levees for all improved roads in said West
Atchafalaya Floodway now constituting a part of the State highway system
and shall repair all damage done to said highways within said West
Atchafalaya Floodway by the actual use of such floodway for diversion:
Provided further, That no flowage easements shall be paid for by the
United States over properties subject to frequent overflow in the
Atchafalaya Basin below the approximate latitude of Krotz Springs:
Provided further, That payment for rights-of-way, easements, and flowage
rights acquired under this section, or reimbursement to the States or
local interests furnishing them, shall be made as soon as the Chief of
Engineers is satisfied that such rights-of-way, easements, or flowage
rights have been acquired in conformity with local custom or legal
procedure in such matters; and, thereafter, no liability of any kind
shall attach to or rest upon the United States for any further damage by
reason of diversions or flood waters: And provided further, That if the
Secretary of Agriculture shall determine to acquire any of the
properties within the floodways herein referred to, for national
forests, wildlife refuges, or other purposes of his Department, the
Secretary of the Army may, upon recommendation by the Chief of
Engineers, in lieu of acquiring flowage rights, advance to or reimburse
the said Secretary of Agriculture sums equal to those that would
otherwise be used for the purchase of easements desired by the
Department of the Army and the Secretary of Agriculture is authorized to
use these sums for the purpose of acquiring properties in the floodways
in question.
(June 15, 1936, ch. 548, Sec. 12, 49 Stat. 1512; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
References in Text
Herein, referred to in text, means act June 15, 1936, ch. 548, 49
Stat. 1508, as amended, which enacted sections 642a, 702a-1, 702-2 to
702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2 of this title. For
complete classification of this Act to the Code, see Tables.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Section Referred to in Other Sections
This section is referred to in sections 701c-1, 702a-1, 702a-1\1/2\,
702a-1\3/4\, 702a-7, 702a-11, 702j-1, 702k-1, 702k-2 of this title.
