Public Law 679. for the control of floods on the Mississippi River and its tributaries, and for other purposes”, is hereby modified in accordance with the recommendations of section 43 of the report submitted by the Chief of Engineers to the Chairman of the Committee on Flood Control, dated February 12, 1935, and p
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(/us/pl/74/678).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Flood control, Mississippi River and tributaries: modification of original project.Vol. 45, p. 534.[U. S. C., p. 1487](/us/usc/p1487). That the project for the control of floods of the Mississippi River and its tributaries, adopted by Public Act Numbered 391, approved May 15, 1928 (45 Stat. 534), Seventieth Congress, entitled “An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes”, is hereby modified in accordance with the recommendations of section 43 of the report submitted by the Chief of Engineers to the Chairman of the Committee on Flood Control, dated February 12, 1935, and printed in House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session, as hereinafter further modified and amended; and as so modified is hereby adopted and authorized and directed to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers. 1509 Sec. 2.
That the Boeuf Floodway, authorized by the provisionsAbandonment of Boeuf Floodway upon completion of Eudora Floodway. adopted in the Flood Control Act of May 15, 1928, shall be abandoned as soon as the Eudora Floodway, provided for in Flood Control Committee Document Numbered 1, Seventy-fourth Congress, first session, is in operative condition and the back-protection leveeBack-protection levee. recommended in said document, extending north from the head of the Eudora Floodway, shall have been constructed.
Sec. 3. That the levees along the Mississippi River from the headLevees on Mississippi River, from Morganza Floodway to head of Atchafalaya River, etc., improvements. of the Morganza Floodway to the head of the Atchafalaya River and down the east bank of the Atchafalaya River to intersection with the west protection levee of said Morganza Floodway shall be raised and enlarged to 1928 grade and section. Sec. 4. That neither of the projects for the flood control of theSaint Francis and Yazoo Rivers, flood control.Highway alterations due to reservoir construction; duties of States.
Saint Francis River or the Yazoo River, hereby authorized, shall be undertaken until the States, or other qualified agencies, shall have furnished satisfactory assurances that they will undertake, without cost to the United States, all alterations of highways made necessary because of the construction of the authorized reservoirs, and meet all damages because of such highway alterations, and have agreed also to furnish without cost to the United States all lands and easements necessary to the construction of levees and drainage ditches constructed under this project: *Provided*, That the reservoirs for*Provisos*.Yazoo River headwaters, control. control of headwater flow of the Yazoo River system may be located by the Chief of Engineers, in his discretion: *And provided further*,Substitution of levees, etc., for detention reservoirs.
That the Chief of Engineers may, in his discretion, substitute levees, floodways, or auxiliary channels, or any or all of them, for any or all of the seven detention reservoirs recommended in his report of February 12, 1935, for the control of floods of the Yazoo River: *And provided further*, That the Chief of Engineers, with theSaint Francis River, modification of project. approval of the Secretary of War, may modify the project for the flood control of the Saint Francis River as recommended in said report, to include therein the construction of a detention reservoir for the reduction of floods, and the acquisition at the cost of the United States of all lands and flowage necessary to the construction of said reservoir except flowage of highways: *Provided further*,Cost restriction.
That the estimated cost to the United States of the project is not increased by reason of such detention reservoir. Sec. 5. The Chief of Engineers, under the supervision of the SecretaryWhite River Levee project. of War, shall at the expense of the United States Government construct a system of levees substantially in accordance with general plan shown on map designated as sheet numbered 1 entitled “Tributary Levee Location Survey—White River Levee District—Proposed Levee Location” accompanying report dated April 2, 1925, and filed in office of First and Second Mississippi River Commission Districts, Memphis, Tennessee.
The Chief of Engineers shall have the rightRights reserved. to alter, change, or modify said plan as to the grades and levee sections: *Provided, however*, That no work shall be commenced on*Proviso*.Rights of way, easements, etc., to be provided without cost. the above-mentioned project until the State, levee boards, or other responsible local interests have given assurances satisfactory to the Secretary of War that they will
(a)provide without cost to the United States all rights-of-way necessary for the construction of said project;
(b)provide drainage facilities made necessary by construction of levees;
(c)acquire and provide without cost to the United States all flowage and storage rights and easements over, upon, and across the lands and properties within the protected area in the event it becomes necessary in the judgment and discretion of theDiscretionary use for emergency reservoir. Secretary of War or the Chief of Engineers to use said area, or any part thereof, for an emergency reservoir;
(d)hold and save theNo Federal liability. United States free from liability for damages on account of the use of said area for reservoir purposes during said emergency. 1510 Sec. 6. Drainage. That the United States shall provide the drainage made necessary by the construction of floodway levees included in the modified project. Sec. 7. Railroad and highway crossings over floodways.Locations. That the United States shall construct, at its own cost, one railroad and one highway crossing over the Eudora Floodway and not to exceed 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*.Maintenance, etc., after construction.provided for in the modified project: *Provided*, That equitable agreements can be made with the railroad and highway authorities concerned and that the appropriate railroad or highway agencies agree to accept and maintain and operate these crossings without cost to Damage claims.the United States: *Provided further*, That the railroads crossing Other railway and highway damages.*Post*, p. 1512.the Morganza and West Atchafalaya Floodways agree in consideration for the crossings constructed to waive all claims against the Government for any damages that may occur by reason of overflows in the Morganza and West Atchafalaya Floodways: *And provided further*, That other railway and highway damages shall be adjusted as provided for in section 12. Sec. 8. Additional road construction. That, in addition to the construction by the United States of roads in connection with floodways as heretofore provided, the Federal Government may, in the discretion of the Chief of Engineers, and within the limits of available funds, construct additional roads to afford access to those portions of the levee lines not otherwise accessible. Sec. 8a. State contributions, etc.Provisions stipulated. That no money appropriated under authority of this Act shall be expended on the construction of any reservoir project herein 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 completion in accordance with regulations prescribed by the *Provisos*.Dam construction.Secretary of War: *And provided*, That the construction of any dam authorized herein may be undertaken without delay when the dam site has been acquired and the assurances prescribed herein have been furnished, without awaiting the acquisition of the easements Reimbursement for excess expenditures.and rights-of-way required for the reservoir area: *And provided further*, 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 Benefits accruing outside State where project is located.expenditures over said estimated construction cost: *And provided further*, 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 necessary 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-half the amount by which the estimated cost of these lands, easements, and rights-of-way exceeds the estimated construction cost corresponding Proportion of cost to be charged.thereto: *And provided further*, That the Secretary of War shall determine the proportion of the present estimated cost of said lands, easements, and rights-of-way that each State, political subdivision 1511thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: *And provided further*,Maintenance provisions inapplicable if 75 percent of benefits outside State. That whenever not less than 75 per centum of the benefits as estimated by the Secretary of War 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, provision
(c)of this section shall not apply thereto; nothing herein shall impair or abridge the powers now existing in the Department of War with respect to navigable streams: *And provided further*, That nothing herein shallExisting construction not affected. be construed to interfere with the completion of any reservoir or flood control work authorized by the Congress and now under way. Sec. 9. The sum of $15,000,000 is authorized to be appropriated asEmergency fund authorized. an emergency fund to be allocated by the Secretary of War on the recommendation of the Chief of Engineers in rescue work or in the repair or maintenance of any flood-control work on any tributary of the Mississippi River threatened or destroyed by flood heretofore or hereafter occurring: *Provided*, That the unexpended and unallotted*Provisos*.Allotment for reimbursing expenditures for flood control work, etc., of 1927 or since. balance of said sum, or so much thereof as may be necessary, may be allotted by the Secretary of War, on the recommendation of the Chief of Engineers, in the reimbursement of levee districts or others for expenditures heretofore incurred or made for the construction, repair, or maintenance of any flood-control work on any tributaries or outlets of the Mississippi River that may be threatened, impaired, or destroyed by the flood of 1927 or subsequent flood; and also in the construction, repair, or maintenance, and in the reimbursement of levee districts or others for the construction, repair, or maintenance of any flood-control work on any of the tributaries or outlets of the Mississippi River that may have been impaired, damaged, or Damages caused by caving banks.destroyed by caving banks or that may be threatened or impaired by caving banks, of such tributaries, whether or not such caving has taken place during a flood stage: *Provided further*, That if the ChiefChange in location of projects authorized. of Engineers finds that it has been or will be necessary or advisable to change the location of any such flood-control work in order to provide the protection contemplated by this section, such change may be approved and authorized. Sec. 10. After the Eudora Floodway shall have been constructedFuse-plug levees.Modification of, at places designated. and is ready for operation, the fuse-plug levees now at the head of the Boeuf and Tensas Basins shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the west side shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be constructed to the 1914 grade and 1928 section, and, after the Morganza Floodway has been completed, shall be raised to the 1928 grade as provided in section 3 of this Act. Thereafter those stretches*Ante*, p. 1509. of said levees which are left as fuse-plug levees shall be reconstructed and maintained as herein provided, subject to the provisions of section 3 of this Act. Any funds appropriated under authority of this ActFunds available. may be expended for this purpose. Sec. 11. That, the back-protection levee north of the Eudora FloodwayBack-protection levee construction north of Eudora Floodway.*Proviso*.Protecting levees on opposite side of river. shall be constructed to the same grade and section as the levees opposite on the east side of the Mississippi River: *Provided*, That this levee extending from the head of the Eudora Floodway north to the Arkansas River shall be so located as to afford adequate space for the passage of flood waters without endangering the levees opposite on the east side of the river and shall be constructed contemporaneously with the construction of the Eudora Floodway; exceptOpenings for passage of flood waters. that, until the Eudora Floodway is in operative condition, there shall be left in this back levee north of the head of the Eudora Floodway1512 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. Sec. 12. Flowage rights and rights-of-way; acquisition, compensation, etc. In order to facilitate the United States in the acquisition of flowage rights and rights-of-way for levee foundations, the Secretary of War is authorized to enter into agreements with 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, *Provisos*.Amount to be acquired before beginning construction.within the maximum limitations hereinafter prescribed: *Provided*, That no money appropriated under the authority of this Act shall be expended upon the construction of the Eudora Floodway, the Morganza Floodway, the back Easements.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 Chief of Engineers shall have been obtained for the Eudora Floodway, the Morganza Floodway, and the area lying between said back protection levee and the present front line levees: *Provided further*, That easements required in said areas in connection with roads and other public utilities owned by States or political subdivisions thereof shall be provided without cost to the United States upon the condition that the United States shall provide suitable crossings, including surfacing of like character, over floodway guideline 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 engineering recommendations of the Report of the Chief of Engineers dated February 12, 1935 (House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session), and the Condemnation proceedings.Secretary of War shall cause proceedings to be instituted for the condemnation 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 expenditure.section 4 of the Flood Control Act of May 15, 1928: *Provided 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 easements, west of Atchafalaya River.$20,000,000: *Provided further*, That the Chief of Engineers is authorized, out of the funds herein authorized to be appropriated, to purchase flowage easements over lands and properties in the floodway west of the Atchafalaya River and lying above the approximate Options required.latitude of Krotz Springs: *Provided further*, That none of such easements in said West Atchafalaya Floodway shall be purchased until options covering at least 75 per centum of the total value of 1513such easements as estimated by the Chief of Engineers shall have been obtained at prices deemed reasonable by the Chief of Engineers and not exceeding in the aggregate $2,250,000 for said 75 per centum of said easements with respect to the floodway west of the Atchafalaya River: *Provided further*, That easements required in saidEasements in connection with State roads, etc. West Atchafalaya Floodway in connection with roads and other public utilities owned by States or other political subdivisions shall be provided without cost to the United States upon condition that the United States shall provide suitable crossings, including surfacingConstruction of crossings; repair of damages, etc. of like character, over floodway guideline levees for all improved roads in said West Atchafalaya Floodway now constituting a part of the State highway system, and shall repair all damage done to said highways within said West Atchafalaya Floodway by the actual use of such floodway for diversion: *Provided further*, That no flowageEasements over properties subject to overflow in Atchafalaya Basin.Payments. easements shall be paid for by the United States over properties subject to frequent overflow in the Atchafalaya Basin below the approximate latitude of Krotz Springs: *Provided further*, That payment for rights-of-way, easements, and flowage rights acquired under this section, or reimbursement to the States or local interests furnishing them, shall be made as soon as the Chief of Engineers is satisfied that such rights-of-way, easements, or flowage rights have been acquired in conformity with local custom or legal procedure in such matters; and, thereafter, no liability of any kind shall attachNo Federal liability for flood damages. to or rest upon the United States for any further damage by reason of diversions or flood waters: *And provided further*, That if theUse of sums for acquiring land for national forests, etc. Secretary of Agriculture shall determine to acquire any of the properties within the floodways herein referred to, for national forests, wildlife refuges, or other purposes of his Department, the Secretary of War may, upon recommendation by the Chief of Engineers, in lieu of acquiring flowage rights, advance to or reimburse the said Secretary of Agriculture sums equal to those that would otherwise be used for the purchase of easements desired by the War Department and the Secretary of Agriculture is authorized to use these sums for the purpose of acquiring properties in the floodways in question. Sec. 13. That $272,000,000 is hereby authorized to be appropriatedAppropriation authorized.Unexpended balances available. for the carrying out of the modified adopted project, and all unexpended balances of appropriations heretofore made for the prosecution of said flood-control project are hereby made available for the purposes of this Act. Sec. 14. If any provision of this Act, or the application thereof,Separability provision. to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Approved, June 15, 1936. Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain cases. 1936-06-15 549 Chapter 49 Stat. 1513 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 549.] AN ACT Limiting the operation of sections 109 and 113 of the Criminal Code and section 190 of the Revised Statutes of the United States with respect to counsel in certain cases. June 15, 1936.[[S. 3781](/us/bill/74/s/3781).][[Public, No. 679](/us/pl/74/679).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the employmentCriminal Code.Vol. 35, p. 1107; [U. S. C., pp. 734, 735](/us/usc/pp734/735).[R. S., sec. 190, p. 30](/us/rs/s190/p30).Operation of designated sections limited with respect to counsel in certain cases. of Angus D. MacLean as an attorney or counselor specially employed, retained, or appointed by the Attorney General or under authority of the Department of Justice to assist in the prosecution of the case pending in the Supreme Court of the United States entitled “The Sugar Institute, Incorporated, and others, appellants, against The United States of America” (docket numbered 268, October term, 15141935), or the investigation and prosecution of any case pending either in the Federal or State courts, in the western district of North Carolina, involving lands owned or claimed by the Eastern Band of Cherokee Indians, or by the United States in their behalf, or other public lands owned or involved in litigation in such western district of North Carolina shall not be construed to be employment within the meaning of sections 109 and 113 of the Criminal Code of the United States, as amended (U. S. C., title 18, secs. 198 and 203), or section 190 of the Revised Statutes of the United States (U. S. C., title 5, sec. 99). Approved, June 15, 1936. To provide for the adjustment and settlement of certain claims for damages resulting from the operation of vessels of the Coast Guard and Public Health Service. 1936-06-15 550 Chapter 49 Stat. 1514 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 550.] AN ACT To provide for the adjustment and settlement of certain claims for damages resulting from the operation of vessels of the Coast Guard and Public Health Service. June 15, 1936.[[S. 3818](/us/bill/74/s/3818).][
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Public Law 679
for the control of floods on the Mississippi River and its tributaries, and for other purposes”, is hereby modified in accordance with the recommendations of section 43 of the report submitted by the Chief of Engineers to the Chairman of the Committee on Flood Control, dated February 12, 1935, and p
Stat.49 Stat. 1513
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