Pennsylvania Act 1941-198 — PROVIDING FOR INTERSTATE COOPERATION FOR FLOOD CONTROL

Act text

PROVIDING FOR INTERSTATE COOPERATION FOR FLOOD CONTROL
                 Act of Jul. 25, 1941, P.L. 505, No. 198              Cl. 32
                                  AN ACT

     Providing for the cooperation of the Commonwealth and certain
        political subdivisions thereof with the United States in
        respect to flood control projects; authorizing the Secretary
        of Highways on behalf of the Commonwealth and the authorities
        of the various counties, cities, boroughs and townships, with
        the approval of the Water and Power Resources Board, to enter
        into certain agreements with and to grant and convey to the
        United States certain rights and easements in and relative to
        the highways, streets, roads and bridges thereof and lands
        bordering the same over which such governmental units may
        have control.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  In any case where the United States Government,
     or any agency thereof, under the authority of an act of Congress
     has heretofore commenced or finished, or shall hereafter
     commence or finish, any work on or construction of a retarding
     dam, channel improvement or other flood control project in
     relation to any river, stream or creek in this Commonwealth, and
     the authorized representatives of the United States deem it
     necessary for the successful operation of said flood control
     project and for the safety of life and preservation of property
     to secure from the Commonwealth or any political subdivision
     thereof certain easements and rights in or relative to the
     highways, roads, streets and bridges thereof and the land
     bordering the same over which such governmental units may have
     control, the Commonwealth and the various political subdivisions
     thereof are hereby authorized to grant to the United States such
     easements and rights and to enter into agreements therewith as
     hereinafter provided.
        Section 2.  The Secretary of Highways, acting for the
     Commonwealth, the county commissioners of any county, the mayor
     of any city and the burgess of any borough, with the approval of
     the city or borough council and the commissioners or supervisors
     of any township, may, with the approval of the Water and Power
     Resources Board, enter into an agreement with, or execute a deed
     to, the United States or any agency thereof granting and
     conveying thereto the following perpetual rights and easements
     to be exercised, whenever in the judgment of the representatives
     of the United States it is necessary:
        (1)  To flood for temporary periods any highway, street,
     bridge, viaduct or road or any portion thereof over which the
     Commonwealth or the political subdivision has control and which
     is designated in such agreement or deed. Such highways, streets,
     bridges, viaducts and roads shall continue to be maintained by
     the State or its local subdivisions.
        (2)  To enter upon said highways, streets, bridges and roads
     and the lands bordering the same over which the Commonwealth or
     the political subdivision has control to widen the aforesaid
     river, stream or creek through or along said lands, to erect
     structures, revetments and bank slopes upon said lands and to
     inspect, maintain and operate said structures, revetments and
     bank slopes.
        (3)  To relocate roads, streets, bridges, viaducts and other
     public works and improvements at the cost of the United States.
     The relocation of State highway routes may be made without
     regard to terminal or intermediate points mentioned in the law
     establishing such routes. Agreements may provide for abandonment
     of existing roads, streets, bridges, viaducts and public works
     and improvements, whether or not supplied by relocations.
        Section 3.  The provisions of this act shall become effective
     immediately upon final enactment.