---
kind: "range"
citation: "33 U.S.C. §§ 702b–702d"
title: "33"
from: "702b"
to: "702d"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/33/702b..702d"
---

# §702b. Local contribution toward cost of flood control work


It is declared to be the sense of Congress that the principle of local contribution toward the cost of flood control work, which has been incorporated in all previous national legislation on the subject, is sound, as recognizing the special interest of the local population in its own protection, and as a means of preventing inordinate requests for unjustified items of work having no [material](/usc/33/1402.md?p=c) national interest. As a full compliance with this principle in view of the great expenditure estimated at approximately $292,000,000, prior to May 15, 1928, made by the local interests in the alluvial valley of the Mississippi River for protection against the floods of that river; in view of the extent of national concern in the control of these floods in the interests of national prosperity, the flow of interstate commerce, and the movement of the United States mails; and, in view of the gigantic scale of the project, involving flood waters of a volume and flowing from a drainage area largely outside the [States](/usc/33/701h.md) most affected, and far exceeding those of any other river in the United States, no local contribution to the project herein adopted is required.


# §702c. Expenditures for construction work; conditions precedent; liability for damage from flood waters; condemnation proceedings; floodage rights


Except when authorized by the [Secretary](/usc/33/426h–1.md?p=2) of the Army upon the recommendation of the Chief of Engineers, no money appropriated under authority of sections [702a](/usc/33/702a.md) and [702g](/usc/33/702g.md) of this title shall be expended on the [construction](/usc/33/426e.md?p=c) of any item of the project until the [States](/usc/33/701h.md) or levee districts have given assurances satisfactory to the [Secretary](/usc/33/426h–1.md?p=2) of the Army that they will (a) maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the provisions of [section 702d of this title](/usc/33/702d.md); (c) provide without cost to the United States, all rights-of-way for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes.

No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however, That if in carrying out the purposes of sections [702a](/usc/33/702a.md), [702b to 702d](/usc/33/702b..702d.md), [702e to 702g](/usc/33/702e..702g.md), [702h](/usc/33/702h.md), [702i](/usc/33/702i.md), [702j](/usc/33/702j.md), [702k](/usc/33/702k.md), [702l](/usc/33/702l.md), [702m](/usc/33/702m.md), and [704](/usc/33/704.md) of this title it shall be found that upon any stretch of the banks of the Mississippi River it is impracticable to construct levees, either because such [construction](/usc/33/426e.md?p=c) is not economically justified or because such [construction](/usc/33/426e.md?p=c) would unreasonably restrict the flood channel, and lands in such stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the [construction](/usc/33/426e.md?p=c) of levees on the opposite banks of the river it shall be the duty of the [Secretary](/usc/33/426h–1.md?p=2) of the Army and the Chief of Engineers to institute proceedings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands.


# §702d. Flowage rights; condemnation proceedings; benefits to property


The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided, That in all cases where the execution of the flood control plan herein adopted results in benefits to property such benefits shall be taken into consideration by way of reducing the amount of compensation to be paid.

The [Secretary](/usc/33/426h–1.md?p=2) of the Army may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the [Secretary](/usc/33/426h–1.md?p=2) of the Army and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the [Secretary](/usc/33/426h–1.md?p=2) of the Army is reasonable, he may purchase the same at such price; and the [Secretary](/usc/33/426h–1.md?p=2) of the Army is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of sections [594](/usc/33/594.md) and [595](/usc/33/595.md) of this title are made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of [States](/usc/33/701h.md) or local interests.