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Title 33 — Navigation and Navigable WatersRelease 119-73

§702d–1 Bonnet Carre Spillway and Floodway; rights-of-way, etc., over lands

Title 33 › Chapter CHAPTER 15— - FLOOD CONTROL › § 702d–1

Last updated Apr 6, 2026|Official source

Summary

The rule that land taken must be given free to States or local governments does not apply to land used for the Bonnet Carre Spillway and Floodway, whether that land was taken in the past or will be taken later. The Secretary of the Army can give rights-of-way, easements, or permits to people, companies, railroads, States, or public agencies. These allow things like road or rail crossings, phone or pipeline lines, and other uses. The Secretary will set the rules to protect the public and can make the grants permanent or temporary.

Full Legal Text

Title 33, §702d–1

Navigation and Navigable Waters — Source: USLM XML via OLRC

The proviso in section 702d of this title “That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests,” shall not apply to the lands heretofore acquired or that may be hereafter acquired in connection with the construction, maintenance, or operation of the Bonnet Carre Spillway and Floodway. The Secretary of the Army is authorized to grant to any citizen, association, railroad, or other corporation, State or public agency thereof, rights-of-way, easements, and permits, over, across, in, and upon said lands for railway, highway, telephone, telegraph, and pipe-line crossings, and other purposes. The grants issued in pursuance of this authority shall be under such terms and conditions as the Secretary of the Army may deem advisable for the protection of the public interests, and may be perpetual or temporary in his discretion.

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July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 702d–1

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73