Page:United States Statutes at Large Volume 49 Part 1.djvu/1554

 74 TH C ONGRESS. SESS. II. CH. 548. JU NE 15, 1936 . 1509 SEC. 2. That the Boeuf Floodway, authorized by the provisions adopted in the Flood Control Act of May 15, 1928, shall be aban- doned as soon as the Eudora Floodway, provided for in Flood Con- tr ol Com mit tee Document Numbered 1, Sev ent y-f our th Congress, first session, is in operative condition and the back-protection levee recommended in said document, extending north from the head of the Eudora Floodway, shall have been constructed. SEC. 3 . That the levees along the Mississippi River from the head of t he Mo rganza Flood way to the head of the Atcha falaya River and do wn the east bank of the Atchafalaya River to intersection with the west protection levee of said Morganza Floodway shall be raised and enlarged to 1928 grade and section. SEC. 4 . That neither of the projects for the flood control of the Saint Francis River or the Yazoo River, hereby authorized, shall be un dertaken until t he State s, or ot her qual ified ag encies, 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 m eet all damages because of such highway alterati ons, and have agreed also to furnish without cost to the United States all lands and eas emen ts n eces sary to the cons truc tion of leve es a nd d rain age ditc hes con structed under t his proj ect : P ro vi ded , Th at the r eservoir s for contr ol of he adwater flow of the Yazo o River system m ay be lo cated 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 War, may modify the project for the flood control of the Saint Francis River as recommended in sa id 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, Tha t the es timated cost to the Unit ed gtate s of the project is not increased by reason of such detention reservoir. SEC. 5 . The Chief of Engineers, under the supervision of the See- project. River retary of War, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled "Tribu- tary Levee Location Survey-White River Levee District-Proposed Levee Location" accompanying report dated April 2, 1925, and filed in office of First and Second Mississippi River Commission Districts, Me mphis, Tennessee. The Chief of Engineers shall have the right to alter, change, or modify said plan as to the grades and levee se ctions : Provided, however, That no work shall be commen ced on Proviso. wa y, ease- the above-mentioned project until the State, levee boards, or other ments, etc., to be pro- responsible local interests have given assurances satisfactory to the °idea without cost . Secretary of War that they will (a) provide without cost to the United States all rights-of-way necessary for the construction of said project ; (b) provide drainage facilities made necessary by construc- tion of levees ; (c) acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of the D iscreti onary u se for emergency reservoir. Secretary of War or the Chief of Engineers to use said area, or any No Federal liabili ty. part thereof, for an emergency reservoir ; (d) hold and save the United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency. Aba ndo nmen t of Bccuf Floodway upon completion of Eudora Floo dway. Back-protection levee . Le vees on Miss is- sippi River, from Mor- gan za Floodway to head of Atchafal aya River, etc ., improve- ments. Sa int Fran cis and Yazoo Rivers, fl ood contr ol. Hi ghway alte ratio ns due to reservoir con- struction ; duties of State s. Provisos . Yazoo River waters, control. Su bstit utio n of levees, etc ., for deten- tion reservoirs. head- Saint Fr an cis River, modification of project . Cost restriction. Levee Rights reserved.