33 U.S.C. § 702j–1 — Saint Francis and Yazoo Rivers; lands and easements; alteration of highways; cooperation of States
submitted 90 years ago by ch. 548 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 443 words · no verdicts yet
The Saint Francis and Yazoo projects require local assurances about highway changes, damages, land, and easements. The Chief of Engineers may make specified reservoir, levee, floodway, channel, and project changes within cost limits.
(1) Neither the Saint Francis River nor Yazoo River flood-control project authorized by the listed sections may begin until the States or other qualified agencies assure that they will, at no cost to the United States, make all highway changes required by the authorized reservoirs and pay all damage caused by those changes. They must also agree to provide, at no cost to the United States, all land and easements needed for levees and drainage ditches built under the project. The Chief of Engineers may decide where to locate reservoirs controlling the Yazoo River system’s headwater flow. The Chief may replace any or all of the seven detention reservoirs recommended in the February 12, 1935 report with levees, floodways, auxiliary channels, or any combination of them. With the Secretary of the Army’s approval, the Chief may modify the Saint Francis project as recommended in that report to include a detention reservoir to reduce floods and may have the United States acquire, at its cost, all land and flowage rights needed for that reservoir, except highway flowage. The reservoir may not increase the project’s estimated cost to the United States. (2) The Chief may modify the Yazoo flood-control project to replace it with a combined reservoir, floodway, and levee plan. The total cost may not exceed the existing authorization estimated in the cited House committee document. The modified project requires local cooperation: no work may begin until the States or other qualified agencies assure that they will (a) make, at no cost to the United States, all highway changes required by reservoir construction and pay all damage caused by those changes; and (b) provide, at no cost to the United States, all land and easements needed for levees and drainage ditches.
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.
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—
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
furnish, without cost to the United States, all lands and easements necessary to the construction of levees and drainage ditches.
Source credit: (June 15, 1936, ch. 548, § 4, 49 Stat. 1509; Aug. 28, 1937, ch. 877, § 6, 50 Stat. 880; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
- 1936Enacted · Act of June 15, 1936, ch. 548 · 49 Stat. 1509
- 1937Amended · Act of Aug. 28, 1937, ch. 877 · 50 Stat. 880
- 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501
A history note hasn’t been published yet. The record shows enactment by ch. 548 on 1936-06-15.
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