Page:United States Statutes at Large Volume 52.djvu/1257

 PUBLIC LAWS-CH. 795-JUNE 28, 1938 Provisos. Indirect or specula- tive damages ex- cluded. Lands included. Levees or flood walls; modifications to reduce construction cost. Provisos. Use of sum saved. Accomplishment through agreements with States, etc. Projects adopted and authorized to be prosecuted. Proviso. Installation of pen- stocks. Merrimack River Basin. Approval of plan. 49 Stat. 1592. 49 Stat. 1572. Construction of flood control reser- voirs, etc. Connecticut River Basin. Approval of plan. Appropriation au- thorized for local pro- tection works. Proviso. East Hartford, Conn., project aban- doned. 49 Stat. 1029 . the Chief of Engineers and made by them in acquiring lands, ease- ments, and rights-of-way for any dam and reservoir project, or any channel improvement or channel rectification project for flood control heretofore or herein authorized: Provided, That no reimbursement shall be made for any indirect or speculative damages: Provided fur- ther, That lands, easements and rights-of-way shall include lands on which dams, reservoirs, channel improvements, and channel recti- fications are located; lands or flowage rights in reservoirs and high- way, railway, and utility relocation. SEC. 3. That in any case where the construction cost of levees or flood walls included in any authorized project can be substantially reduced by the evacuation of a portion or all of the area proposed to be protected and by the elimination of that portion or all of the area from the protection to be afforded by the project, the Chief of Engineers may modify the plan of said project so as to eliminate said portion or all of the area: Provided, That a sum not substan- tially exceeding the amount thus saved in construction cost may be expended by the Chief of Engineers, or in his discretion may be transferred to any other appropriate Federal agency for expendi- ture, toward the evacuation of the locality eliminated from protection and the rehabilitation of the persons so evacuated: And provided further, That the Chief of Engineers may, if he so desires, enter into agreement with States, local agencies, or the individuals concerned for the accomplishment by them, of such evacuation and rehabilita- tion and for their reimbursement from said sum for expenditures actually incurred by them for this purpose. SEC. 4. That the following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of War and supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated: Provided, That penstocks or other similar facilities adapted to possible future use in the development of hydro- electric power shall be installed in any dam herein authorized when approved by the Secretary of War upon the recommendation of the Chief of Engineers and of the Federal Power Commission. MEIRRIMACK IIVER BASIN The general comprehensive plan for flood control and other pur- poses, as approved by the Chief of Engineers pursuant to prelimi- nary examinations and surveys authorized by the Act of June 22, 1936, is approved and the project for flood control in the Merrimack River Basin, as authorized by the Flood Control Act approved June 22, 1936, is modified to provide, in addition to the construction of a system of flood control reservoirs, related flood control works which may be found justified by the Chief of Engineers. CONNECTICUT RIVER BASIN The general comprehensive plan for flood-control and other pur- poses as set forth in House Document Numbered 455, Seventy-fifth Congress, second session, is approved, and there is hereby authorized $11,524,000 for the construction of local flood-protection works in said plan: Provided,That the flood-protection project for East Hart- ford, Connecticut, authorized by the River and Harbor Act of August 30, 1935, is hereby abandoned; all as set forth in House Document Numbered 455, Seventy-fifth Congress, second session. 1216 [52 STAT.

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