Page:United States Statutes at Large Volume 49 Part 1.djvu/1557

 1512 74TH C ONGRESS. SESS. II. CU. 548. JUNE 15, 1936. openings which shall be sufficient, in the discretion of the Chief of Engineers, to permit the passage of all flood waters to be reasonably contemplated in the event of any break in the riverside fuse-plug levee prior to the time the Eudora Floodway shall be in operative condition. Plowag e rig hts and SEC. 12 . In order to facilitate the United States in the acquisition ri ghts-o f-way ; acquisi- tion, compensation, etc. of flowage rights and rights-of-way for levee foundations, the Secre- tary of War is authoriz ed to enter in to agreements w ith the States or with local levee districts, boards, commissions, or other agencies for the acquisition and transfer to the United States of such flowage rights and levee rights-of-way, and for the reimbursement of such States or local levee districts, boards, commissions, or other agencies, for the cost thereof at prices previously agreed upon between the Secretary of War and the governing authority of such agencies, Amoun t to be ac- Amount within the maximum limitations hereinafter resc ribed : Pro vid ed quired before begin- That no money appropriated under the authority of this Act shall be ping construction. expended upon the construction of the Eudora Floodway, the Mor- ganza Floodway, the back protection levee extending north from the Eudora Floodway, or the levees extending from the head of the Morganza Floodway to the head of and down the east bank of the Atchafalaya River to the intersection of said Morganza Floodway until 75 per centum of the value of the flowage rights and rights- of-way for levee foundations, as estimated by the Chief of Engineers, shall have been acquired or options or assurances satisfactory to the Chie f of Engineers shall have been obtained for the Eudora Floo d- way, the Morganza Floodway, and the area lying between said back Easements. protection levee and the present front line levees : Provided further. That easements required in sai d areas in conn ection with ro ads and other public utilities owned by States or political subdivisions thereof shall be provided without cost to the United States upon the condi- tion th at the Unite d Stat es shal l prov ide su itable crossi ngs, i ncludi ng surfacing of like character, over floodway guide-line levees in said areas for all improved roads now constituting a part of the State highway system, and shall repair all damage done to said highways within the said floodways by the actual use of such floodways for Construction . diversion : Provided further, That when such portion of said rights as to all of said areas shall have been acquired or obtained and when said easements required in connection with roads and other public utilities owned by States or political subdivisions thereof have been provided as hereinabove set forth, construction of said flood-control works in said areas shall be undertaken according to the engine erin recommendations of the Report of the Chief of Engineers date February 12, 1935 (House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session), and the Secre- Condemnation pro- tary of War shall cause proceedings to be instituted for the con- ceed 'ngs. demnation of the remainder of said rights and easements, as are Vol .45,p . 536. needed and cannot be secured by agreement, in accordance with Maximum expendi- section 4 of the Flood Control Act of May 15, 1928 : Pr ovi ded ture. further, That in no event and under no circumstances shall any of the additional money appropriated under the authority of this Act be expended for the acquisition of said 75 per centum of the flowage rights and rights-of-way hereinabove contemplated in excess of Purchase of flowage $20,000,000 : Provided further, That the Chief of Engineers is author- easements, west of Atchafalay a River. ized, out of the funds herein authorized to be appropriated, to pur- chase flowage easements over lands and properties in the floodway west of the Atchafalaya River and lying above the approximate opt ion s required. latitude of Krotz Springs : Provided further, That no ne of such easements in said West Atchafalaya Floodway shall be purchased until options covering at least 75 per centum of the t otal value of