§ 701c. — Rightsofway, easements, etc.; acquisition by local authorities; maintenance and operation; protection of United States from liability for damages; requisites to runoff and waterflow retardation and soil erosion prevention assistance.
[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]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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.
(June 22, 1936, ch. 688, Sec. 3, 49 Stat. 1571; Aug. 28, 1937, ch. 877,
Sec. 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501.)
References in Text
Herein, referred to in text, means 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. Portions of section
5 of act June 22, 1936, enumerating certain dams to be constructed, were
not classified to the Code.
Amendments
1937--Act Aug. 28, 1937, added subsec. (d).
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.
Applicability of Section to Flood Control Works Authorized by Flood
Control Acts
Pub. L. 90-483, title II, Sec. 201, Aug. 13, 1968, 82 Stat. 739,
provided that: ``Section 3 of the Act approved June 22, 1936 (Public Law
Numbered 738, Seventy-fourth Congress) [this section], as amended by
section 2 of the Act approved June 28, 1938 (Public Law Numbered 761,
Seventy-fifth Congress) [section 701c-1 of this title], shall apply to
all works authorized in this title except that for any channel
improvement or channel rectification project, provisions (a), (b), and
(c) of section 3 of said Act of June 22, 1936 [this section], shall
apply thereto, except as otherwise provided by law. The authorization
for any flood control project herein authorized by this Act [Pub. L. 90-
483] requiring local cooperation shall expire five years from the date
on which local interests are notified in writing by the Secretary of the
Army or his designee of the requirements of local cooperation, unless
said interests shall within said time furnish assurances satisfactory to
the Secretary of the Army that the required cooperation will be
furnished.''
Similar provisions were contained in the following prior acts:
Nov. 7, 1966, Pub. L. 89-789, title II, Sec. 201, 80 Stat. 1418.
Oct. 27, 1965, Pub. L. 89-298, title II, Sec. 202, 79 Stat. 1074.
Sept. 3, 1954, ch. 1264, title II, Sec. 201, 68 Stat. 1256.
May 17, 1950, ch. 188, title II, Sec. 201, 64 Stat. 170.
June 30, 1948, ch. 771, title II, Sec. 201, 62 Stat. 1175.
July 24, 1946, ch. 596, Sec. 2, 60 Stat. 641.
Dec. 22, 1944, ch. 665, Sec. 3, 58 Stat. 889.
Application of Section
Act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215, provided that
this section, as theretofore amended and therein further modified,
should apply to all flood control projects, except as otherwise
specifically provided by law. For modification of this section by that
act, see section 701c-1 of this title.
Muskingum River Valley
Provisions of act June 28, 1938, ch. 795, Sec. 2, 52 Stat. 1215,
referred to above, were extended to the Muskingum River Valley dams and
reservoirs by section 4 of act Aug. 11, 1939, ch. 699, 53 Stat. 1414.
Section Referred to in Other Sections
This section is referred to in sections 701b-2, 701b-7, 701b-11,
701c-1, 701e, 701s of this title.
