Laws: Cases and Codes : U.S. Code : Title 33 : Section 702a


   
U.S. Code as of: 01/19/04
Section 702a. Adoption of 1927 project; execution; creation of board; scope of authority; appropriation

      The project for the flood control of the Mississippi River in its
    alluvial valley and for its improvement from the Head of Passes to
    Cape Girardeau, Missouri, in accordance with the engineering plan
    set forth and recommended in the report submitted by the Chief of
    Engineers to the Secretary of the Army dated December 1, 1927, and
    printed in House Document Numbered 90, Seventieth Congress, first
    session, is adopted and authorized to be prosecuted under the
    direction of the Secretary of the Army and the supervision of the
    Chief of Engineers: Provided, That a board to consist of the Chief
    of Engineers, the president of the Mississippi River Commission,
    and a civil engineer chosen from civil life to be appointed by the
    President, by and with the advice and consent of the Senate, whose
    compensation shall be fixed by the President and be paid out of the
    appropriations made to carry on this project, is created; and such
    board is authorized and directed to consider the engineering
    differences between the adopted project and the plans recommended
    by the Mississippi River Commission in its special report dated
    November 28, 1927, and after such study and such further surveys as
    may be necessary, to recommend to the President such action as it
    may deem necessary to be taken in respect to such engineering
    differences and the decision of the President upon all
    recommendations or questions submitted to him by such board shall
    be followed in carrying out the project herein adopted. The board
    shall not have any power or authority in respect to such project
    except as hereinbefore provided. Such project and the changes
    therein, if any, shall be executed in accordance with the
    provisions of section 702h of this title. Such surveys shall be
    made between Baton Rouge, Louisiana, and Cape Girardeau, Missouri,
    as the board may deem necessary to enable it to ascertain and
    determine the best method of securing flood relief in addition to
    levees, before any flood-control works other than levees and
    revetments are undertaken on that portion of the river: Provided,
    That all diversion works and outlets constructed under the
    provisions of sections 702a, 702b to 702d, 702e to 702g, 702h,
    702i, 702j, 702k, 702l, 702m and 704 of this title shall be built
    in a manner and of a character which will fully and amply protect
    the adjacent lands: Provided further, That pending completion of
    any floodway, spillway, or diversion channel, the areas within the
    same shall be given the same degree of protection as is afforded by
    levees on the west side of the river contiguous to the levee at the
    head of said floodway, but nothing herein shall prevent, postpone,
    delay, or in anywise interfere with the execution of that part of
    the project on the east side of the river, including raising,
    strengthening, and enlarging the levees on the east side of the
    river. The sum of $325,000,000 is authorized to be appropriated for
    this purpose.
      All unexpended balances of appropriations prior to May 15, 1928,
    made for prosecuting work of flood control on the Mississippi River
    in accordance with the provisions of section 702 of this title, are
    made available for expenditure under the provisions of sections
    702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, and
    702m of this title.



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