§702c Expenditures for Construction Work; Conditions Precedent; Liability for Damage From Flood Waters; Condemnation Proceedings; Floodage Rights

Summary

The Secretary of the Army, after the Chief of Engineers recommends it, must not spend money under sections 702a and 702g to build any part of a project unless the States or levee districts first promise to do three things. They must maintain the flood-control works after they are finished (except the controlling and regulating spillway structures), accept land given to them under section 702d, and give the United States, at no cost, the rights-of-way needed for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes. The United States is not responsible for any flood damage anywhere. But when carrying out sections 702a, 702b–702d, 702e–702g, 702h–702m, and 704, if it is impractical to build levees on a river stretch because it is not economical or would unreasonably narrow the flood channel, and lands there are newly flooded because of levees on the opposite bank, the Secretary and the Chief of Engineers must begin legal steps to have the United States buy the land or obtain floodage rights.