33 U.S.C. § 702c : US Code - Section 702C: Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights

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