§ 702j-1. — Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC702j-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 702j-1. Saint Francis and Yazoo Rivers; lands and
easements; alteration of highways; cooperation of States
(1) Neither of the projects for the flood control of the Saint
Francis River or the Yazoo River, 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, shall be undertaken until the States, or other qualified
agencies, shall have furnished satisfactory assurances that they will
undertake, without cost to the United States, all alterations of
highways made necessary because of the construction of the authorized
reservoirs, and meet all damages because of such highway alterations,
and have agreed also to furnish without cost to the United States all
lands and easements necessary to the construction of levees and drainage
ditches constructed under this project: Provided, That the reservoirs
for control of headwater flow of the Yazoo River system may be located
by the Chief of Engineers, in his discretion: And provided further, That
the Chief of Engineers may, in his discretion, substitute levees,
floodways, or auxiliary channels, or any or all of them, for any or all
of the seven detention reservoirs recommended in his report of February
12, 1935, for the control of floods of the Yazoo River: And provided
further, That the Chief of Engineers, with the approval of the Secretary
of the Army, may modify the project for the flood control of the Saint
Francis River as recommended in said report, to include therein the
construction of a detention reservoir for the reduction of floods, and
the acquisition at the cost of the United States of all lands and
flowage necessary to the construction of said reservoir except flowage
of highways: Provided further, That the estimated cost to the United
States of the project is not increased by reason of such detention
reservoir.
(2) The Chief of Engineers may, in his discretion, modify the
project for the control of floods on the Yazoo River, as authorized by
paragraph (1) of this section, to substitute therefor a combined
reservoir floodway and levee plan: Provided, That the total cost thereof
does not exceed the present authorization as estimated in House
Committee on Flood Control Document Numbered 1, Seventy-fourth Congress,
first session: Provided further, That the modified project shall be
subject to the following conditions of local cooperation:
No work shall be undertaken until the States or other qualified
agencies have furnished satisfactory assurances that they will--
(a) undertake, without cost to the United States, all alterations of
highways made necessary because of the construction of reservoirs and
meet all damages because of such highway alterations; and
(b) furnish, without cost to the United States, all lands and
easements necessary to the construction of levees and drainage ditches.
(June 15, 1936, ch. 548, Sec. 4, 49 Stat. 1509; Aug. 28, 1937, ch. 877,
Sec. 6, 50 Stat. 880; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501.)
Codification
Par. (1) is comprised of act June 15, 1936, and par. (2) is from act
Aug. 28, 1937.
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 702a-1, 702a-1\1/2\, 702a-
1\3/4\, 702a-11, 702a-12, 702k-1 of this title.
