33 U.S.C. § 702a-9 : US Code - Section 702A-9: Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages

Search 33 U.S.C. § 702a-9 : US Code - Section 702A-9: Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages

No money appropriated under sections 702g-1 and 702k-1 of this
title shall be expended on the construction of any reservoir
project herein authorized 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: And 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 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 under way on June
15, 1936.