33 U.S.C. § 702a-11 : US Code - Section 702A-11: Morganza Floodway; Eudora Floodway

Search 33 U.S.C. § 702a-11 : US Code - Section 702A-11: Morganza Floodway; Eudora Floodway

The United States may, within the discretion of the Chief of
Engineers, irrespective of other provisions of law, proceed to
acquire all easements needed and of the character considered
advisable in the Morganza floodway and to construct said Morganza
floodway. Said Morganza floodway may, within the discretion of the
Chief of Engineers, be modified as to its design and inflow.
The said Morganza floodway may be initiated and constructed
without delay; and the United States may, within the discretion of
the Chief of Engineers, irrespective of other provisions of law,
proceed to the acquisition of flowage rights and flowage easements
in the Eudora floodway, and to its construction as authorized by
existing law: Provided, That the intakes of such Eudora floodway
shall include an automatic masonry weir with its sill at such an
elevation that it will not be overtopped by stages other than those
capable of producing a stage of fifty-one feet or over on the
Vicksburg gage: Provided further, That a fuseplug levee loop may be
constructed behind said sill to prevent flow into the floodway
until the predicted flood exceeds the safe capacity of the main
river leveed channel, with a free-board of at least three feet, but
said fuseplug levee may be artificially breached when in the
opinion of the Chief of Engineers such breaching is advisable to
insure the safety of the main river controlling levee line:
Provided further, That the authority to acquire lands, flowage
rights, and easements for floodways shall be confined to the
floodways proper and to the northward extension of Eudora: Provided
further, That within the discretion of the Chief of Engineers, the
guide line levees of the Eudora floodway may be extended south
toward Old River: Provided further, That the Chief of Engineers is
authorized to construct the said Eudora floodway at such location
as he may determine, in the vicinity of Eudora. The United States
may, within the discretion of the Chief of Engineers irrespective
of other provisions of law, proceed to acquire flowage rights and
flowage easements in the northward extension of the Eudora
floodway, as authorized by existing law, provided that pending the
completion of such northward extension all the Riverside fuseplug
levee extending south from the vicinity of Yancopin to the vicinity
of Vau Cluse, Arkansas, and so as to connect with the existing
levee of 1928 grade and section, shall be reconstructed to the 1914
grade and 1928 section: Provided further, That if the back
protection levee is constructed prior to the construction of Eudora
floodway, it shall be connected with the main Mississippi River
levee and subsequently connected with the Eudora floodway when
constructed: Provided further, That the Chief of Engineers is
authorized, in his discretion, to negotiate options, make
agreements and offers with respect to lands, flowage rights,
easements, and rights-of-way involved, as provided by law, at
prices deemed reasonable by him.
The United States, irrespective of other provisions of law, may,
within the discretion of the Chief of Engineers, acquire flowage
easements over all lands not subject to frequent overflow in the
Atchafalaya Basin below the latitude of Krotz Springs.
Said Morganza floodway shall not be operated until the Wax Lake
outlet has been put into operative condition.
The fuseplug levees at the head of the Atchafalaya Basin on the
east side of the Atchafalaya River shall be reconstructed to the
1928 grade and section.
The United States may, in the discretion of the Chief of
Engineers, acquire all flowage rights, flowage easements, rights-of-
way for levee foundations, and titles in fee simple as herein
provided, either by voluntary acquisition or in accordance with the
condemnation proceedings by the Secretary of the Army as provided
for in section 702d of this title.
In the event the United States acquires or owns title to any
lands in fee simple under the provisions of sections 702a, 702b to
702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of
this title, as amended and supplemented, the United States may
retain the ownership thereof, or any part thereof instead of
turning over such lands to the ownership of States or local
interests as provided in section 702d of this title, and may lease
such lands: Provided, That 25 per centum of all moneys received and
deposited in the Treasury of the United States during any fiscal
year on account of such leases shall be paid, at the end of such
year, by the Secretary of the Treasury to the State in which such
property is situated, to be expended as the State legislature may
prescribe for the benefit of the public schools and public roads of
the county or counties in which such property is situated: Provided
further, That when such property is situated in more than one State
or county the distributive share to each from the proceeds of such
property shall be proportional to its area therein: Provided
further, That no part of the appropriations herein or heretofore
authorized for said Morganza and Eudora floodways and extension
shall be used for any other purpose.