33 U.S.C. § 701c — Rights-of-way, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to run-off and water-flow retardation and soil erosion prevention assistance

submitted 90 years ago by ch. 688 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 607 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before spending flood-control money on a project, responsible local interests generally must provide land interests, protect the United States from construction damage claims, and maintain and operate the completed work.

After June 22, 1936, no money under section 701f may be spent on construction until States, political subdivisions, or responsible local agencies assure the Secretary of the Army that they will provide needed land, easements, and rights-of-way without cost to the United States; hold and save the United States harmless from construction damage; and maintain and operate the completed works under the Secretary’s regulations. A dam may begin once its site and required assurances are secured, without waiting for reservoir easements and rights-of-way. If local land-interest spending for a project or useful part exceeds its estimated construction cost, the local agency may receive one-half of the excess. If benefits reach property outside the project State, the Secretary may acquire needed interests after receiving the benefited States and local agencies’ estimated cost less one-half the amount by which that cost exceeds corresponding construction cost, and must assign each agency’s contribution proportionally to its benefits. If at least 75 percent of benefits go outside the project State, the maintenance-and-operation assurance in clause (c) does not apply. These rules do not reduce Army navigable-stream powers or interfere with projects already under construction. For Agriculture watershed runoff and erosion work on non-Federal land, the Secretary may require permanent State and local restrictions and enforcement safeguards, land-use agreements or covenants, and money, services, materials, or other contributions.

the actual law source: uscode.house.gov ↗public domain

After June 22, 1936, no money appropriated under authority of section 701f of this title shall be expended on the construction of any project until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of the Army 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 Secretary of the Army: 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 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 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 the Army with the consent of the State wherein the same are located 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 thereto: And provided further, That the Secretary of the Army shall determine the proportion of the present 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 benefits as estimated by the Secretary of the Army 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 the Army with respect 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.

(d)

As a condition to the extending of any benefits, in prosecuting measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared in section 701a of this title, to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of such Act, require—

(1)

The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for run-off and waterflow retardation and soil-erosion prevention;

(2)

Agreements or covenants as to the permanent use of such lands; and

(3)

Contributions in money, services, materials, or otherwise to any operations conferring such benefits.

Source credit: (June 22, 1936, ch. 688, § 3, 49 Stat. 1571; Aug. 28, 1937, ch. 877, § 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit

1936Enacted · Act of June 22, 1936, ch. 688 · 49 Stat. 1571
1937Amended · Act of Aug. 28, 1937, ch. 877 · 50 Stat. 877
1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 688 on 1936-06-22.

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