33 U.S.C. § 702j–1: Saint Francis and Yazoo…

Summary

Work on the Saint Francis or Yazoo flood-control projects cannot start until the States or other qualified agencies promise to pay for any highway changes and related damages caused by building the reservoirs, and to give any lands and easements needed for levees and drainage ditches, all at no cost to the United States. The Army Corps of Engineers can choose Yazoo headwater reservoir locations and can replace any or all of the seven detention reservoirs in his February 12, 1935 report with levees, floodways, or extra channels. With the Secretary of the Army’s OK, he can add a detention reservoir to the Saint Francis plan and the United States may buy the lands and flowage needed for it, except flowage of highways, as long as the U.S. share of the project cost does not go up. He may also swap the Yazoo plan for a combined reservoir‑floodway‑levee plan if the total cost stays within the authorization shown in House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session. The same local promises about highways, damages, lands, and easements must be given before any work begins.

Title 33, §702j–1

Navigation and Navigable Waters, Source: USLM XML via OLRC

(1)Neither of the projects for the flood control of the Saint Francis River or the Yazoo River, authorized by section 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.

(2)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—

(a)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

(b)furnish, without cost to the United States, all lands and easements necessary to the construction of levees and drainage ditches.

Notes & Related Subsidiaries

Editorial Notes

Codification Par. (1) is comprised of act June 15, 1936, and par. (2) is from act Aug. 28, 1937.

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.

§702j–1 Saint Francis and Yazoo Rivers; Lands and Easements; Alteration of Highways; Cooperation of States