Page:United States Statutes at Large Volume 49 Part 1.djvu/1556

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74TH C ONGRESS . SESS. II. CH. 548. JU NE 15, 1936 . thereof, or re sponsible loc al agency sho uld contribute in considera tion for the benefits to be received by such agencies

And provided fur- ther, 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 a ccrue to lands a nd prope rty outs ide of t he Stat e in whi ch said project or part thereof is located, provision (c) of this section shall not apply thereto ; nothing herein shall impair or abridge the pow ers now existing in the De par tme nt of War with re spe ct to navigable streams : And provided further, That nothing herein shall 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 as 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 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 expen ditures heretofo re incur red or m ade for the con structio n, 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 de stroyed by cavin g banks or that may be t hreatene d or imp aired by caving bands, of such tributaries, whether or not such caving has taken place during a flood stage : Provided further, That if the Chief 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 be en constructed and is ready for operation, the fuse-plug levees now at the head of the Boe uf and T ensas Ba sins sha ll be co nstructe d to the 1914 gr ade and the 1928 section . The fuse-plug levees at the head of the Atcha- falay a. 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 Atcha- falaya Basin on the east side of the Atchafalaya River shall be con- structed 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 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 Act may be ex pended f or this purpose . SEC. 11 . That the back-protection levee north of the Eudora Flood- way shall be constructed to the same --rade and section as the levees opposite on the east side of the Mississippi River : Provided, Tha t 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 oppo- site on the east side of the river and shall be constructed contem- poraneously wi th the construction of the Eudora Floodway ; except that, until the Eudora Floodway is in operative condition, there shall be left in this back levee north of the head of the Eudora Floodway Maintenance provi - sions inapplicable if 75 percent of benefits out- side State . Existing construc- tion no t affe cted . Emergency f und au- thorized . Provisos . Allotment for reim- burs ing ex pend itu res for flood control work, etc., of 1927 or since . Damages caused by caving banks . Change in loca tion of proje cts aut horized . Fuse- plug lev ees . Modification of, at place s desig nated . Ante, p. 1509 . Fun ds available . Back-protection levee construction north of Eudora Flood- way . Proviso . Protecting levees on opposite side of river . Openings for passage of flood waters .