33 U.S.C. § 598 : US Code - Section 598: Resettlement of displaced families, individuals, and business concerns

Search 33 U.S.C. § 598 : US Code - Section 598: Resettlement of displaced families, individuals, and business concerns

(a) Acquisition of land; condemnation expenses; bond
Whenever any State, or any agency or instrumentality of a State
or local government, or any nonprofit incorporated body organized
or chartered under the law of the State in which it is located, or
any nonprofit association or combination of such bodies, agencies
or instrumentalities, shall undertake to secure any lands or
interests therein as a site for the resettlement of families,
individuals, and business concerns displaced by a river and harbor
improvement, flood control or other water resource project duly
authorized by Congress, and when it has been determined by the
Secretary of the Army that the State is unable to acquire necessary
lands or interests in lands or is unable to acquire such lands or
interests in lands with sufficient promptness, the Secretary, upon
the request of the Governor of the State in which such site is
located, and after consultation with appropriate Federal, State,
interstate, regional, and local departments and agencies, is
authorized, in the name of the United States and prior to the
approval of title by the Attorney General, to acquire, enter upon,
and take possession of such lands or interests in lands by
purchase, donation, condemnation or otherwise in accordance with
the laws of the United States (including sections 3114-3116 and
3118 of title 40). All expenses of said acquisition and any award
that may be made under a condemnation proceeding, including costs
of examination and abstract of title, certificate of title,
appraisal, advertising, and any fees incident to acquisition, shall
be paid by such State or body, agency, or instrumentality. The
State, agency, instrumentality, or nonprofit body may repay such
amounts from any funds made available to it for such purposes by
any Federal department, agency, or instrumentality (other than the
Department of the Army) having authority to make funds available
for such a purpose. Pending such payment, the Secretary may expend
from any funds hereafter appropriated for the project occasioning
such acquisition such sums as may be necessary to carry out this
section. To secure payment, the Secretary may require any such
State or agency, body, or instrumentality to execute a proper bond
in such amount as he may deem necessary before acquisition is
commenced. Any sums paid to the Secretary by any such State or
agency, body or instrumentality shall be deposited in the Treasury
to the credit of the appropriation for such project.
(b) Acquisition provisions
No acquisition shall be undertaken under the authority of this
section unless the Secretary has determined, after consultation
with appropriate Federal, State, and local governmental agencies
that (1) the development of a site is necessary in order to
alleviate hardships to displaced persons; (2) the location of the
site is suitable for development in relation to present or
potential sources of employment; and (3) a plan for development of
the site has been approved by appropriate local governmental
authorities in the area or community in which such site is located.
(c) Conveyance to State, public or private nonprofit body
The Secretary is further authorized and directed by proper deed,
executed in the name of the United States, to convey any lands or
interests in land acquired in any State under the provisions of
this section, to the State, or such public or private nonprofit
body, agency, or institution in the State as the Governor may
prescribe, upon such terms and conditions as may be agreed upon by
the Secretary, the Governor, and the agency to which the conveyance
is to be made.