33 U.S.C. § 701c : US Code - Section 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

Search 33 U.S.C. § 701c : US Code - Section 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

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.