Page:United States Statutes at Large Volume 49 Part 1.djvu/1616

74TH C ONGRESS . SESS. II. CH. 688. JUNE 22, 1936. by the principles set forth in section 1 in the determination of the F ederal interest s invol ved : Provided, That the foregoing gra nts of authority shall not interfere with investigations and river improvements incident to reclamation projects that may now be in progress or may be hereafter undertaken by the Bureau of Recla- mation of the Interior Department pursuant to any general or specific authorization of law . SEC . 3 . That hereafter no money appropriated under authority of this Act shall be expended on the construction of any project until St ates, political subdivisi ons thereof, or other resp onsible local agen- cies have given assurances satisfactory to the Secretary of War that they will (a) provide without cost to the United States all lands, e asement s, and r ights-o f-way ne cessary for the constr uction o f 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 accord- ance with regulations prescribed by the Secretary of War : Provided, That the construction of any dam authorized herein may be under- taken without delay when the dam site has been acquired and the ass urances prescri bed her ein have been f urnishe d, witho ut awai ting the acquisition of the easements 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 subdi- visions thereof, or responsible local agencies for any individual project or useful part thereof shall have exceeded the present esti- m ated co nstructi on cost therefo r, the local ag ency concerned may be reimbursed one-half of its excess 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 with the consent of the State wherein the same ar e lo cated may acqu ire the n eces sary land s, ea seme nts, and right s-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 oz these lands, easements, and rights-of-way exceeds the estimated construction cost corresponding thereto : And provided further, That the Secret ary of W ar shal l determ ine the propor tion of the pre sent estimated cost of said lands, easements, and rights-of-way that each State, political subdivision thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies : And provided further, That whenever not less than 75 per centum of the benefit s as est imated by the Secretar y of Wa r of any project or useful part thereof accrue to lands and property out- side 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, Tha t nothi ng herei n shall be cons trued t o inter fere wit h the c om- pletion of any reservoir or flood control work authorized by the Congress and now under way . SEC. 4. The consent of Congress is hereby given to any two or more States to enter into compacts or agreements in connection with any project or oper ation au thorize d by thi s Act f or flood contro l or the prevention of damage to life or property by reason of floods upon any str eam or streams and the ir tribu taries which li e in tw o or more such States, for the purpose of providing, in such manner and such proportion as may be agreed upon by such States and approved by the S ecretary of War, funds for construction and 1 571 Proviso, Reclamation projects. Sta te, e tc ., coopera- tion required . Easements, etc. Liability for da m- ages . Main tenan ce of wo rks a fter compl etion . Provisos . Constructionofdams. Wh ere expenditures for lands, etc . , exceed es timat es . Benefits accruing to property out si de State where project located . Proportion of esti- mate d cost to States . Maintenance pro- vi sions inap plica ble i f 75 per centum of bene- fi ts ac crue witho ut th e Stat e. Completion of w ork now under way. F lood- contr ol com- pacts between States .