33 U.S.C. § 702a-12 : US Code - Section 702A-12: Modified Lower Mississippi River project as of August 18, 1941

Search 33 U.S.C. § 702a-12 : US Code - Section 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on said floodways and extension are repealed.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.