Browse Arkansas Code titles and sections
33 U.S.C. § 598b — Minimum real estate interest
Federal law — U.S. Code and appendices · legal_authorities
**(a) Real estate plan** The Secretary shall provide to the non-Federal interest for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for construction, operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.
**(b) Identification of minimum interest**
(1) **In general** — For each authorized water resources development project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Secretary shall identify the minimum interest in the property necessary to carry out the applicable activity.
(2) **Determination** — In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—
(A) such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and
(B) the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.
**(c) Requirement** The non-Federal interest for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under subsection (b).
**(d) Annual report** The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—
(1) a summary of all instances in which
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 598b
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: d9786d774f24dd27fcd3f5e705747bee2afdd30356d5daea965c7fe364e043db. 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_788ee36f881f49ff137c5742
Source file: Laws/federal/codes/united-states-code/title-33/section-598b-minimum-real-estate-interest--b3e5782cbd.md
Pages: Not recorded – Not recorded
Passage SHA-256: fbc45a587b27c4a609b6661acb5812ed6ff2a94010886874ace47ac3795288ff
Source location: Title 33, Chapter 12, § 598b; chapter-012-river-and-harbor-improvements-generally.md
Stored source content
**(a) Real estate plan** The Secretary shall provide to the non-Federal interest for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for construction, operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.
**(b) Identification of minimum interest**
(1) **In general** — For each authorized water resources development project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Secretary shall identify the minimum interest in the property necessary to carry out the applicable activity.
(2) **Determination** — In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—
(A) such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and
(B) the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.
**(c) Requirement** The non-Federal interest for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under subsection (b).
**(d) Annual report** The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—
(1) a summary of all instances in which the Secretary identified under subsection (b) fee simple title as the minimum interest necessary with respect to an activity for which the non-Federal interest requested the use of an interest less than fee simple title; and
(2) with respect to each such instance, a description of the legal requirements that resulted in identifying fee simple title as the minimum interest.
**(e) Existing agreements** At the request of a non-Federal interest, an agreement entered into under [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim) between the Secretary and the non-Federal interest before January 4, 2025, may be amended to reflect the requirements of this section.
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
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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 Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5b
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) In general** With respect to a project for hurricane and storm damage reduction for which the Secretary is requiring a perpetual easement, the Secretary shall, upon request by the non-Federal interest for the project, certify real estate availability and proceed to construction of such project with a nonperpetual easement if—
(1) such certification and construction are in compliance with the terms of the report of the Chief of Engineers for the project and the applicable project partnership agreement; and
(2) the Secretary provides the non-Federal interest with formal notice that, in the event in which the nonperpetual easement expires and is not extended, the Secretary will be unable to—
(A) fulfill the Federal responsibility with respect to the project or carry out any required nourishment of the project under the existing project authorization;
(B) carry out repair and rehabilitation of the project under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim); and
(C) provide any other relevant Federal assistance with respect to the project.
**(b) Disclosure** For any project for hurricane storm damage risk reduction, or a proposal to modify such a project, that is authorized after January 4, 2025, for which a perpetual easement is required for Federal participation in the project, the Secretary shall include in the report of the Chief of Engineers for the project a disclosure of such requirement.
**(c) Management** To the maximum extent practicable, the Secretary shall, at the request of the non-Federal interest for a project for hurricane storm damage risk reduction, identify and accept the minimum real estate interests necessary to carry out the project, in accordance wi
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 598c
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 149
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 598b
plan for development of the site has been ap-
proved by appropriate local governmental au-
thorities in the area or community in which
such site is located.
(c) Conveyance to State, public or private non-
profit body
The Secretary is further authorized and di-
rected by proper deed, executed in the name of
the United States, to convey any lands or inter-
ests in land acquired in any State under the pro-
visions of this section, to the State, or such pub-
lic or private nonprofit body, agency, or institu-
tion in the State as the Governor may prescribe,
upon such terms and conditions as may be
agreed upon by the Secretary, the Governor, and
the agency to which the conveyance is to be
made.
(Pub. L. 90–483, title II, § 209, Aug. 13, 1968, 82
Stat. 745.)
Editorial Notes
CODIFICATION
‘‘Sections 3114–3116 and 3118 of title 40’’ substituted in
subsec. (a) for ‘‘the Act of February 26, 1931 (46 Stat.
1421)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
§ 598a. Property acquisition
(a) In general
In acquiring an interest in land, or requiring a
non-Federal interest to acquire an interest in
land, the Secretary shall, in accordance with the
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 [42 U.S.C.
4601 et seq.], first consider the minimum inter-
est in real property necessary to support the
water resources development project for which
such interest is acquired.
(b) Determination
In determining an interest in land under sub-
section (a), the Secretary shall first consider a
temporary easement or other interest designed
to reduce the overall cost of
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 598b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.