§ 702a-12. — Modified Lower Mississippi River project as of August 18, 1941.
[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-12]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 702a-12. Modified Lower Mississippi River project as of
August 18, 1941
(a) Alluvial valley, Mississippi River; Yazoo Basin levees; abandonment
of Boeuf and Eudora Floodways and Northward Extension
The existing engineering plan for flood control in the alluvial
valley of the Mississippi River is modified so as to provide for the
construction of plan 4 as set forth in the report of the Mississippi
River Commission, dated March 7, 1941, to the Chief of Engineers, except
that the levees in the Yazoo Basin on the east bank of the Mississippi
River south of the Coahoma-Bolivar County line in said plan shall have a
three foot freeboard over the project flood, and all levees shall be
constructed with adequate section and foundation to conform to increased
levee heights. The Boeuf Floodway in the project adopted by sections
702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m,
and 704 of this title, and the Eudora Floodway as well as the Northward
Extension and the back protection levee extending from the head of the
said Eudora Floodway north to the Arkansas River in the project adopted
by sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-1, 702j-2,
702k-1, and 702k-2 of this title, are abandoned, and the provisions of
said sections relating to the prosecution of work on said floodways and
extension are repealed.
(b) Yazoo River project
The project for flood control of the Yazoo River shall be as
authorized by sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-1,
702j-2, 702k-1, and 702k-2 of this title, except that the Chief of
Engineers may, in his discretion, from time to time, substitute therefor
combinations of reservoirs, levees, and channel improvements; and except
that the extension of the authorized project and improvements
contemplated in plan C of the report of March 7, 1941, of the
Mississippi River Commission are authorized, including the extension of
the levee on the east bank of the Mississippi River generally along the
west bank of the Yazoo River to a connection in the vicinity of Yazoo
City with the Yazoo River levee, authorized by the existing project for
protection against headwater floods of the Yazoo River system, and the
adjustment in the discretion of the Chief of Engineers of the grades of
the existing levees in the backwater area on the east bank of Yazoo
River below Yazoo City, all at an estimated additional cost of
$11,982,000: Provided, That the Chief of Engineers shall fix the grade
of the extension levees along the Yazoo River, with higher levees in his
discretion, so that their construction will give the maximum practical
protection without jeopardizing the safety and integrity of the main
Mississippi River levees: And provided further, That prior to the
beginning of construction local authorities shall furnish satisfactory
assurances that they will (1) maintain the levees in accordance with the
provisions of section 702c of this title, and will (2) not raise the
levees in the backwater above the limiting elevations established
therefor by the Chief of Engineers.
(c) Tensas-Cocodrie backwater area
In the development of the authorized project, the construction of a
levee and improvements contemplated in the report of March 7, 1941, of
the Mississippi River Commission from the main-line levee on the west
bank of the Mississippi River in the vicinity of Shaw, Louisiana,
westward and northward to the vicinity of Newlight, Louisiana, for the
protection of that part of the Red River backwater known as the Tensas-
Cocodrie area at an estimated cost of $6,976,000 is authorized:
Provided, That the Chief of Engineers shall fix the grade of said levee,
with a higher levee in his discretion, so that its construction will
give the maximum practical protection without jeopardizing the safety
and integrity of the main Mississippi River levees: And provided
further, That prior to the beginning of construction local authorities
shall furnish satisfactory assurances that they will (1) maintain the
levee in accordance with the provisions of section 702c of this title,
and will (2) not raise the said levee above the limiting elevations
established therefor by the Chief of Engineers: Provided further, That
subject to the foregoing conditions of local cooperation the Chief of
Engineers may in his discretion substitute other levees and appurtenant
works for, or make such modifications of, the levees and improvements
herein authorized for the protection of the Tensas-Cocodrie area as may
be found after further investigation to afford protection to a larger
area in the Red River Backwater at a total cost not to exceed
$29,000,000 and without jeopardizing the safety and integrity of the
main Mississippi River levees and without preventing or jeopardizing the
diversions contemplated in the adopted project through the Atchafalaya
River and Atchafalaya Basin.
(d) Reimbursement of local authorities for certain expenses
The Chief of Engineers, with approval of the Secretary of the Army,
shall reimburse local authorities for actual expenditures found by the
Chief of Engineers to be reasonable, for providing at the request of the
United States, in accordance with local legal procedure or custom,
rights-of-way and flowage easements required for future setbacks of
main-line Mississippi River levees.
(e) Saint Francis River
The existing engineering plan for flood control of the Saint Francis
River is modified so as to permit the substitution for the suspended
portions of the original project below Oak Donnick, Arkansas, of the
construction of a ditch in Cross County, Arkansas, beginning in the
vicinity of the outlet end of the existing Oak Donnick to Saint Francis
Bay floodway and terminating in Saint Francis Bay about two miles north
of Riverfront, including the construction of a highway bridge at State
Highway Numbered 42 made necessary by the ditch construction: Provided,
That local interests give assurances satisfactory to the Secretary of
the Army that they will (1) provide without cost to the United States
all lands, easements, and rights-of-way necessary for the construction;
(2) hold and save the United States free from damages due to the
construction works; and (3) maintain the works after completion in
accordance with regulations prescribed by the Secretary of the Army.
(f) Bayou Rapides, Boeuf, and Cocodrie, Louisiana, improvements
In the development of the authorized project, the construction of
improvements for Bayou Rapides, Boeuf, and Cocodrie, Louisiana,
contemplated in the report dated March 24, 1941, of the Special Board of
Officers at an estimated cost of $2,600,000 is authorized.
(g) Increased authorizations for alluvial valley, Mississippi River
The total authorizations heretofore made for the flood control
project of the alluvial valley of the Mississippi River shall not be
increased by reason of any provision in this Act, except for the
additional amounts necessary for the Yazoo and Red River backwater
improvements, and any appropriations heretofore or hereafter made or
authorized for said project as herein or heretofore modified may be
expended upon any feature of the said project, notwithstanding any
restrictions, limitations, or requirements of existing law: Provided,
That funds hereafter expended for maintenance shall not be considered as
reducing present remaining balances of authorizations.
(June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377, Sec. 3,
55 Stat. 642; amended July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; May 17, 1950, ch. 188, title II, Sec. 204(a), 64 Stat. 172.)
References in Text
Herein, referred to in subsecs. (c) and (g), and this Act, referred
to in subsec. (g), probably mean act June 15, 1936, ch. 548, 49 Stat.
1508, as amended, which enacted sections 642a, 702a-1, 702a-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.
Amendments
1950--Subsec. (c). Act May 17, 1950, substituted ``$29,000,000'' for
``$14,000,000''.
Application of 1950 Increase in Authorization Contained in Subsec. (c)
to Old and Atchafalaya Rivers Project
Section 203 of act Sept. 3, 1954, ch. 1264, title II, 68 Stat. 1258,
in addition to authorizing an amount of $32,000,000 for control of the
Old and Atchafalaya Rivers and a lock for navigation, provided in part
that the $15,000,000 increase in authorization by act May 17, 1950 in
amending subsec. (c) of this section (see 1950 Amendment note above),
should be applied to such project.
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\, 702j-1, 702k-1, 702k-2 of this title.
