§ 702c. — Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC702c]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 702c. Expenditures for construction work; conditions
precedent; liability for damage from flood waters; condemnation
proceedings; floodage rights
Except when authorized by the Secretary of the Army upon the
recommendation of the Chief of Engineers, no money appropriated under
authority of sections 702a and 702g of this title 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 the
Army that they will (a) 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 levees; (b) agree to accept land turned over to
them under the provisions of section 702d of this title; (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 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:
Provided, however, That if in carrying out the purposes of sections
702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m,
and 704 of this title 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 the Army 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.
(May 15, 1928, ch. 569, Sec. 3, 45 Stat. 535; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
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, 701e, 702a, 702a-
1\1/2\, 702a-1\3/4\, 702a-11, 702h, 702i, 702j, 702l, 702m, 702n of this
title; title 43 section 1600k.
