33 U.S.C. § 701c-1 : US Code - Section 701C-1: Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies

Search 33 U.S.C. § 701c-1 : US Code - Section 701C-1: Acquirement of titles for certain projects and to lands, easements, rights-of-way; reimbursement of local agencies

In case of any dam and reservoir project, or channel improvement
or channel rectification project for flood control, herein
authorized or heretofore authorized by the Act of June 22, 1936, as
amended, and sections 642a, 702a, 702a-1, 702a-2 to 702d, 702e to
702h, 702i to 702m, and 704 of this title, title to all lands,
easements, and rights-of-way for such project shall be acquired by
the United States or by States, political subdivisions thereof or
other responsible local agencies and conveyed to the United States,
and provisions of clauses (a), (b), and (c) of section 701c of this
title shall not apply thereto. Notwithstanding any restrictions,
limitations, or requirement of prior consent provided by any other
Act, the Secretary of the Army is authorized and directed to
acquire in the name of the United States title to all lands,
easements, and rights-of-way necessary for any dam and reservoir
project or channel improvement or channel rectification project for
flood control, with funds heretofore or hereafter appropriated or
made available for such projects, and States, political
subdivisions thereof, or other responsible local agencies, shall be
granted and reimbursed, from such funds, sums equivalent to actual
expenditures deemed reasonable by the Secretary of the Army and the
Chief of Engineers and made by them in acquiring lands, easements,
and rights-of-way for any dam and reservoir project, or any channel
improvement or channel rectification project for flood control
heretofore or herein authorized: Provided, That no reimbursement
shall be made for any indirect or speculative damages: Provided
further, That lands, easements, and rights-of-way shall include
lands on which dams, reservoirs, channel improvements, and channel
rectifications are located; lands or flowage rights in reservoirs
and highway, railway, and utility relocation: Provided further,
That in all cases of the acquisition hereunder by the United States
from the Los Angeles County Flood Control District or the Muskingum
Watershed Conservancy District of lands, easements, or rights-of-
way, wherein the written opinion of the Attorney General in favor
of the validity of the title to such lands, easements, or rights-of-
way is or may be required or authorized by law, the Attorney
General may, in his discretion, base such opinion upon a
certificate of title of the district from which said lands,
easements, or rights-of-way are to be acquired accompanied by an
agreement, duly executed by the district in conformity with the
constitutions and laws of the State where the district in question
is situated to indemnify the United States against all claims,
liabilities, loss, expenses, and attorneys' fees of whatsoever kind
or nature, resulting from or arising out of any defect or defects
whatsoever in the title to any such lands, easements, or rights-of-
way so conveyed to the United States, including all just
compensation, costs, and expenses which may be incurred in any
condemnation proceeding deemed necessary and instituted by the
United States in order to perfect title to any such lands,
easements, or rights-of-way.