§ 702a-9. — Lands, easements, and rightsofway; acquisition by local authorities; reimbursement; protection of United States from liability for damages.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC702a-9]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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.
(June 15, 1936, ch. 548, Sec. 8a, 49 Stat. 1510; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
References in Text
Herein, referred to in text, means act June 15, 1936, ch. 548, 49
Stat. 1508, as amended, which enacted sections 642a, 702a-1, 702a-2 to
702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2 of this title. For
complete classification of this Act to the Code, see Tables.
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 701c-1, 702a-1, 702a-1\1/2\,
702a-1\3/4\, 702a-11, 702j-1, 702k-1, 702k-2 of this title.
