§702a–10 Flowage Rights and Rights-of-way; Reimbursement of Local Authorities; Highway Crossings; Use of Properties for National Forests or Wildlife Refuges

Summary

The Secretary of the Army may make agreements with states or local levee agencies to buy and take over flowage rights and rights-of-way needed for levee foundations. For the Eudora Floodway, the Morganza Floodway, the back protection levee north of the Eudora Floodway, and the levees running from the head of the Morganza Floodway down the east bank of the Atchafalaya River, money from the special flood-control appropriations cannot be used for construction until 75 percent of the value of the needed flowage rights and rights-of-way (as estimated by the Chief of Engineers) have been bought or until acceptable options or assurances are in hand for the Eudora and Morganza floodways and the area between the back protection levee and the current front-line levees. States and local governments must give easements for roads and public utilities to the United States at no cost, as long as the United States provides appropriate road crossings with similar surfacing over the floodway levees and fixes any highway damage caused by using the floodways. Once the required rights and easements are secured, construction will follow the Chief of Engineers’ engineering recommendations dated February 12, 1935, and the Army will begin condemnation proceedings for any remaining needed rights it cannot buy. The law limits spending for those 75 percent purchases to no more than $20,000,000 from the special funds. The Chief of Engineers may buy flowage easements in the floodway west of the Atchafalaya River above the approximate latitude of Krotz Springs, but not until options covering at least 75 percent of their value are obtained at reasonable prices and not to exceed $2,250,000 in the aggregate for that 75 percent. No payments will be made for easements on lands that flood frequently below the approximate latitude of Krotz Springs. Payments or reimbursements are made once the Chief of Engineers is satisfied the acquisitions follow local custom or law, and after payment the United States has no further liability for flood diversion damage. If the Secretary of Agriculture decides to buy floodway properties for national forests, wildlife refuges, or similar purposes, the Army may instead advance or reimburse sums equal to what it would have paid for easements so the Agriculture Department can acquire the land.