Browse Arkansas Code titles and sections
33 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
After June 22, 1936, no money appropriated under authority of [section 701f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701f&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701c
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d86e89242fe613f6a667cd243f9635623a7fa94ba490a28295e6daa8e48d894b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_6576f213c96a62efd254900f
Source file: Laws/federal/codes/united-states-code/title-33/section-701c-rights-of-way-easements-etc-acquisition-by-local-authorities-maintenance--b027c2dbee.md
Pages: Not recorded – Not recorded
Passage SHA-256: 46d80a6886f8aa3c6af1f9252e768c41697c37599f59b8d2c2063f302e0c8dae
Source location: Title 33, Chapter 15, § 701c; chapter-015-flood-control.md
Stored source content
After June 22, 1936, no money appropriated under authority of [section 701f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701f&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
It is recognized that destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigable waters or their tributaries is a proper activity of the Federal Government in cooperation with States, their political subdivisions, and localities thereof; that investigations and improvements of rivers and other waterways, including watersheds thereof, for flood-control purposes are in the interest of the general welfare; that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries, including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The sum of $310,000,000 is authorized to be appropriated for carrying out the improvements herein and the sum of $10,000,000 is authorized to be appropriated and expended in equal amounts by the Departments of the Army and Agriculture for carrying out any examinations and surveys provided for in this Act and other Acts of Congress.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General considerations; nonstructural alternatives** In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages, with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damage, including—
(1) floodproofing of structures, including through elevation;
(2) floodplain regulation;
(3) acquisition of floodplain land for recreational, fish and wildlife, and other public purposes;
(4) relocation; and
(5) the use of a feature described in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim).
**(b) Non-Federal participation through nonstructural alternatives; limitation** Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under [section 701c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim), for structural protection measures, but in no event shall exceed 20 per centum of the project costs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701b–11
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) 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 la
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701c–1
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in [section 701c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701s
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 192
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 701c
(B) Travel expenses
The members of the Cooperative Com-
mittee shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in ac-
cordance with applicable provisions under
subchapter I of chapter 57 of title 5.
(8) Maintenance of records
The Cooperative Committee shall maintain
records pertaining to operating costs and
records of the Cooperative Committee for a pe-
riod of not less than 3 years.
(9) Savings provisions
(A) No additional authority
Nothing in this section provides authority
to the Cooperative Committee to affect any
Federal or State water law or interstate
compact governing water.
(B) Other States
Nothing in this section may be inter-
preted, by negative implication or other-
wise, as suggesting that States not rep-
resented on the Cooperative Committee have
lesser interest or authority, in relation to
Western States, in managing the water with-
in their borders or in vindicating State
water rights and water laws.
(b) Definition of Western States
In this section, the term ‘‘Western States’’
means the States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska,
Nevada, New Mexico, North Dakota, Oklahoma,
Oregon, South Dakota, Texas, Utah, Wash-
ington, and Wyoming.
(Pub. L. 117–263, div. H, title LXXXI, § 8158, Dec.
23, 2022, 136 Stat. 3738.)
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 8002 of Pub. L. 117–263, set out as a note under sec-
tion 2201 of this title.
§ 701c. Rights-of-way, easements, etc.; acquisition
by local authorities; maintenance and oper-
ation; protection of United States from liabil-
ity for damages; requisites to run-off and
water-flow r
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 701c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.