Page:United States Statutes at Large Volume 53 Part 2.djvu/939

 1415 53 STAT.] 76TH CONG. , 1ST SESS.-CH. 699-AUG. 11, 1939 761, Seventy-fifth Congress), shall include the Muskingum River Inclusion of Mus Valley Dams and reservoirs as set forth in the official plan of the Dams, etc. Muskingum Watershed Conservancy District and the provisions of section 2 of the said Act shall apply thereto: Provided, however, Provisos. That the reimbursements in connection with the Muskingum project sRinbureents; shall include, in addition to payments to landowners, the reasonable expenses of acquiring lands, easements, or rights-of-way heretofore transferred to the United States, as well as those hereafter trans- ferred and the reasonable expenditures made in acquiring lands or rights-of-way transferred to railroads or other utilities in connection with the relocation of such facilities other than highways. Such reimbursements shall be made from funds heretofore or hereafter appropriated and shall not exceed actual expenditures made by the Restriction. Muskingum Watershed Conservancy District that are deemed reason- able by the Secretary of War and the Chief of Engineers nor include any expenditures for the relocation of highways nor any funds provided by the State of Ohio nor by any State or Federal agency other than the Muskingum Watershed Conservancy District: Pro- Conditional pay- vided further, That the Secretary of War is authorized to pay to ment to district. said district forthwith on the passage of this Act, the sum of $1,500,000, on verification of the fact that reimbursable expenditures in such amount have been made by the district, and on the agreement of the district, duly certified to the Secretary of War, that it will proceed immediately to convey and transfer any assets acquired through such expenditures not already conveyed, but such payment may be made prior to the actual transfer of title to lands, easements, rights-of-way, and other property: And provided further, That the obliationto eperate Muskingum Watershed Conservancy District is hereby relieved of dams. any obligation to maintain and operate the dams. Sr. 5. Section 2 of Public Law Numbered 761, Seventy-fifth 33 S. t. C., supp Congress, is hereby amended by adding the following: "Provided IV, 701c (note). Validity of title to further, That in all cases of the acquisition hereunder by the United lands, easements, etc., States from the Los Angeles County Flood Control District or the acquired. Muskingum Watershed Conservancy District of lands, easements, or rights-of-way, wherein the written opinion of the Attorney General in favor of the validity of the title to such lands, easements, or rights-of-way is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion upon a oopio. certificate of title of the district from which said lands, easements, or rights-of-way are to be acquired accompanied by an agreement, duly executed by the district in conformity with the constitutions and laws of the State where the district in question is situated to indemnify the United States against all claims, liabilities, loss, expenses, and attorneys' fees of whatsoever kind or nature, resulting from or arising out of any defect or defects whatsoever in the title to any such lands easements, or rights-of-way so conveyed to the United States, including all just compensation, costs, and expenses which may be incurred in any condemnation proceeding deemed necessary and instituted by the United States in order to perfect title to any such lands, easements, or rights-of-way." SEC. 6. The Secretary of War is hereby authorized and directed Preliminry flood- control e,~minations, to cause to be performed under the supervision of the Chief of etc. Engineers preliminary examinations and surveys for flood control, including floods aggravated by or due to tidal effect, at the following- named localities, and the Secretary of Agriculture is authorized and named localities, and the Secretary On a.gnUnrvavthnrZranff surys for sueo- directed to cause preliminary examinations and surveys for run-off spreSeno. and water-flow retardation and soil-erosion prevention on the water- sheds of such localities; the cost thereof to be paid from appro- priations heretofore or hereafter made for such purposes: Provided, Pra.os. That the surveys authorized to be performed under the direction upervision.

�