Title 33Navigation and Navigable WatersRelease 119-73

§702c Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights

Title 33 › Chapter CHAPTER 15— - FLOOD CONTROL › § 702c

Last updated Apr 6, 2026|Official source

Summary

No money from sections 702a and 702g can be spent on building any part of a project unless the Secretary of the Army, after the Chief of Engineers recommends it, is satisfied that the State or levee district will do three things: keep the flood-control works up after they are finished (for example, cutting grass, removing weeds, handling local drainage, and doing small repairs), accept lands transferred under section 702d, and give the United States, free of charge, the rights‑of‑way needed for levee foundations and levees on the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes. The United States is not responsible for any flood damage. But if it is impractical to build levees on some stretch of the Mississippi because it is not cost‑justified or would unreasonably narrow the flood channel, and lands there become newly overflowed or damaged because of levees on the opposite bank, the Secretary of the Army and the Chief of Engineers must start proceedings to buy those lands or get floodage rights when carrying out the purposes of sections 702a, 702b–702d, 702e–702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704.

Full Legal Text

Title 33, §702c

Navigation and Navigable Waters — Source: USLM XML via OLRC

Except when authorized by the Secretary of the Army upon the recommendation of the Chief of Engineers, no money appropriated under authority of section 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 section 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act
July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act
July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Reference

Citations & Metadata

Citation

33 U.S.C. § 702c

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73