Page:United States Statutes at Large Volume 45 Part 1.djvu/587

 536 SEVENTIETH CONGRESS. SEss. I. CH. 569. 1928 . levees ; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river overtop lands turned levees ; (b) agree to accept land turned over to them under the pro- Provide right of way visions of section 4 ; (c) provide without cost to the United States, for levees etc . on main river from cape Girar- all rights of way for levee foundations and levees on the main stem dean to Head of Passes. of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes. No Federal liability for flood damages. No liability of any kind shall attach to or rest upon the United . States for any damage from or by floods or flood waters at any place Proviso. P rovi ded, how ever, That if in c arry ing out the purp oses of this Act right s to be a quiirred it shall be found that upon any stretch of the banks of the Mississippi we re l adslant pac River it is impracticable to construct levees, either because such con- ject to overflow, but are struction is not economically justified or because such construction no t now sub ject ther eto by levees on opposite would unreasonably restrict the flood channel, and lands in such ba nk, stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the construction of levees on the opposite banks of the river it shall be the duty of the Secretary of War and the Chief of Engineers to institute proceed- ings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands. Fl owag e rig hts for additional flood waters SEC. 4. The United States shall provide flowage rights for addi- cau sed by diverting tional destructive flood waters that will pass by reason of diversions main river channel. Proviso. from the main channel of the Mississippi River : Provi ded, That in consideration of re all cases where the execution of the flood-control plan herein adopted suiting benefits. results in benefits to property such benefits shall be taken into con- sideration by way of reducing the amount of compensation to be paid. Proceedings in dis- The Secretary of War may cause proceedings to be instituted for trict courts to condemn lands needed for pro- the acquirement by condemnation of any lands, easements, or rights ject. of way which, in the opinion of the Secretary of War and the Chief of Engineers, are needed in carrying out this project, the said pro- ceedings to be instituted in the United States district court for the Assessment of value. district in which the land, easement, or right of way is located. In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, Purchase from owner shall appoint three commissioners, whose award, when confirmed by fixing a rea son abl e the court, shall be final. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of War is reasonable, he may purchase the same at Donati ons accepted. s uc h pr ic e ; and the Secretary of War is also authorized to accept donations of lands, easements, and rights of way required for this Cond emnation pr o- project. The provisions of sections 5 and 6 of the River and Harbor ceVol. 40, p. 911. A c t o f J u l y 18, 1918, are hereby made applicable to the acquisition of lands, easements, or rights of way needed for works of flood con- Pr . Acquired land given trol : Provided, That any land acquired under the provisions of this to ownership of States, section shall be turned over without cost to the ownership of States et c' or local interests. Mapping agencies to SEC. 5. Subject to the approval of the heads of the several executive assist in preparing nec- essar y maps. departments concerned, the Secretary of War, on the recommenda- tion of the Chief of Engineers, may engage the services and assistance of the Coast and Geodetic Survey, the Geological Survey, or other mapping agencies of the Government, in the preparation of maps Payment for services. required in furtherance of this project,, and funds to pay for such services may be allotted from appropriations made under authority of this Act. Applica tion of fund s S EC. 6 . Funds appropriated under authority of section 1 of this for flood work hereto- for e au thor ized, and Act may be expended for the prosecution of such works for the not on present control of the floods of the Mississippi River as have heretofore been authorized and are not included in the present project, including

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