§702k — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary of the Army must have the Mississippi River Commission study the Mississippi River below Cape Girardeau, Missouri. The commission must look for places where levees built before May 15, 1928 on one side made flooding worse on the other side, and see where new levees can be built without unreasonably blocking the flood channel and where building them makes economic sense. The commission must also check how levees elsewhere affect lands between the river and nearby hills, figure the owners’ rights and land values, and report to Congress with recommendations as soon as possible. Because the commission recommended on October 26, 1912 a levee from Tiptonville, Tennessee to the Obion River, Tennessee, the commission may re‑survey and move that planned levee if needed. If the levee is found feasible and approved by the required board and by the President, it must be built using funds appropriated after May 15, 1928.

Title 33, §702k

Navigation and Navigable Waters — Source: USLM XML via OLRC

The Secretary of the Army shall cause the Mississippi River Commission to make an examination and survey of the Mississippi River below Cape Girardeau, Missouri, (a) at places where levees have prior to May 15, 1928, been constructed on one side of the river and the lands on the opposite side have been thereby subjected to greater overflow, and where, without unreasonably restricting the flood channel, levees can be constructed to reduce the extent of this overflow, and where the construction of such levees is economically justified, and report thereon to the Congress as soon as practicable with such recommendations as the commission may deem advisable; (b) with a view to determining the estimated effects, if any, upon lands lying between the river and adjacent hills by reason of overflow of such lands caused by the construction of levees at other points along the Mississippi River, and determining the equities of the owners of such lands and the value of the same, and the commission shall report thereon to the Congress as soon as practicable with such recommendation as it may deem advisable: Provided, That inasmuch as the Mississippi River Commission made a report on the 26th day of October 1912, recommending a levee to be built from Tiptonville, Tennessee, to the Obion River in Tennessee, the said Mississippi River Commission is authorized to make a resurvey of said proposed levee and a relocation of the same if necessary, and if such levee is found feasible, and is approved by the board created in section 702a of this title, and by the President the same shall be built out of appropriations made after May 15, 1928.

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.

§702k Surveys Below Cape Girardeau, Missouri; Resurvey of Levee in Tennessee

Summary

Title 33, §702k

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata