§ 701c-1. — Acquirement of titles for certain projects and to lands, easements, rightsofway; reimbursement of local agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701c-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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.
(June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215; Aug. 11, 1939, ch. 699,
Sec. 5, 53 Stat. 1415; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501.)
References in Text
Herein, referred to in text, means act June 28, 1938, ch. 795, 75
Stat. 1215, as amended, popularly known as the Flood Control Act of June
28, 1938, which to the extent classified to the Code enacted sections
701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1\1/2\, 702a-11,
and 706 of this title. For complete classification of this Act to the
Code, see Tables.
Act of June 22, 1936, referred to in text, is act June 22, 1936, ch.
688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act
of June 22, 1936, which to the extent classified to the Code enacted
sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For
complete classification of this Act to the Code, see Tables.
Codification
Section comprises last paragraph of section 2 of act June 28, 1938.
First paragraph of such section 2 is referred to in an Application of
Section note under section 701c of this title.
Amendments
1939--Act Aug. 11, 1939, inserted last proviso.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Section Referred to in Other Sections
This section is referred to in sections 701b-4, 701f-1, 701j of this
title.
