Page:United States Statutes at Large Volume 49 Part 1.djvu/1555

 1510 74TH C ONGRESS. SESS. II. CH. 548. JUNE 15, 1936. Drainage. SEC. 6 . That the United States shall provide the drainage made necessary by the construction of floodway levees included in the modified project. Railroad and hi gh- SEC. 7. That the United States shal l construct, at its own cost, way crossings over ltoodways. One railroad and one highway crossing over the Eudora Floodway Locations . and not to exc eed three railway and two highway crossings over the Morganza Floodway, and not to exceed one railway crossing (together with suitable physical connections therewith) and one highway crossing over the floodway west of the Atchafalaya River Provisos. provided for in the modified project : Provided, That equitable agree- M ainte nance , rte ., ' after construction . inents can be made with the railroad and highway authorities con- cerned and tha t the appropriate railroad or highway agencies agree to accept and maintain and operate these crossings without co st to Damageciainrs. the United States : Provided f urther, That the railroads crossing the Morganza and West Atchafalaya Floodways agree in consideration for the, crossings constructed to waive all claims against the Govern- ment for any damag es that may occur by reas on of ove rflows in Other railwa y and the Morganza and West Atchafalaya Floodways : And provided highway damages. further, That other railway and highway damages shall be adjusted as provided for in section 12. Additional road con- SEC. 8. That, in addition to the construction by the United States struction . of roads in connection with floodways as heretofore provided, the Federal Government may, in the discretion of the Chief of Engi- neers, and within the limits of available funds, construct additional roads to afford access to those portions of the levee lines not otherwise accessible. State contributions, Suc, 8a. That no money appropriated under authority of this Act et Prov isio ns stipu- shall be expended on the construction of any reservoir project herein lated. authorized until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of War that they will (a) provide without cost to the United States all lands, easements, and rights- of-way necessary for the construction of the project, except as otherwise provided herein ; (b) hold and save the United States free from damages due to the construction works ; (c) maintain and operate all the works after compl etion in a ccord ance with regul ation s pre scrib ed by the Secre - Dm c soom nstruction. tar of War: And That the construction of an dam Dam authorized herein m provided, be unertaken without delay when the dam site has been acquired and the assurances prescribed herein have been furnished, without awaiting the acquisition of the easements Re imbursement for exce ss e xpen ditu res . and rights-of-way required for the reservoir area : And provided . f urther, That whenever expenditures for lands, easements, and rights- of-way by States, political subdivisions thereof, or responsible local agencies for any individual project or useful part thereof shall have exceeded the present estimated construction cost therefor, the local agency concerned may be reimbursed one-half of its excess expendi- outs ide Benefits ac State eru where ere tures over said estimated construction cost : And provided further, project is located. That when benefits of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, the Secretary of War may acquire the neces- sary lands, easements, and rights-of-way for said project or part thereof after he has received from the States, political subdivisions thereof, or responsible local agencies benefited the present estimated cost of said lands, easements, and rights-of-way, less one-ha lf the amount by which the estimated cost of these lands, easements, and rights-of-way exceeds the estimated construction cost corresp onding Proportion of cost to thereto : And provided further, That the Secretary of War shall be charged. determine the proportion of the present estimated cost of said lands, easements, and rights-of-way that each State, political subdi vision