33 U.S.C. § 702a-10 : US Code - Section 702A-10: Flowage rights and rights-of-way; reimbursement of local authorities; highway crossings; use of properties for national forests or wildlife refuges

Search 33 U.S.C. § 702a-10 : US Code - Section 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.