33 U.S.C. § 701c — Rights-of-way, easements, etc.; acquisition

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 retardation and soil erosion pre- vention 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 as- surances 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 com- pletion in accordance with regulations pre- scribed 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 assur- ances prescribed herein have been furnished, without awaiting the acquisition of the ease- ments and rights-of-way required for the res- ervoir 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 exceed- ed the present estimated construction cost therefor, the local agency concerned may be re- imbursed one-half of its excess expenditures over said estimated construction cost: And pro- vided further, That when benefits of any project or useful part thereof accrue to lands and prop- erty 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, ease- ments, 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 es- timated cost of said lands, easements, and rights-of-way that each State, political subdivi- sion thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: And provided fur- ther, 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 lo- cated, provision (c) of this section shall not apply thereto; nothing herein shall impair or abridge the powers now existing in the Depart- ment 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 ben- efits, in prosecuting measures for run-off and water-flow retardation and soil erosion preven- tion 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 Sec- retary of Agriculture may, insofar as he may deem necessary for the purposes of such Act, re- quire— (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 per- manent use of such lands; and (3) Contributions in money, services, mate- rials, or otherwise to any operations confer- ring such benefits. (June 22, 1936, ch. 688, § 3, 49 Stat. 1571; Aug. 28, 1937, ch. 877, § 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Page 193 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701c–1 Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, popularly known as the Flood Con- trol 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). Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. APPLICABILITY OF SECTION TO FLOOD CONTROL WORKS AUTHORIZED BY FLOOD CONTROL ACTS Pub. L. 90–483, title II, § 201, Aug. 13, 1968, 82 Stat. 739, provided that: ‘‘Section 3 of the Act approved June 22, 1936 (Public Law Numbered 738, Seventy-fourth Con- gress) [this section], as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Sev- enty-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 as- surances 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, § 201, 80 Stat. 1418. Oct. 27, 1965, Pub. L. 89–298, title II, § 202, 79 Stat. 1074. Sept. 3, 1954, ch. 1264, title II, § 201, 68 Stat. 1256. May 17, 1950, ch. 188, title II, § 201, 64 Stat. 170. June 30, 1948, ch. 771, title II, § 201, 62 Stat. 1175. July 24, 1946, ch. 596, § 2, 60 Stat. 641. Dec. 22, 1944, ch. 665, § 3, 58 Stat. 889. APPLICATION OF SECTION Act June 28, 1938, ch. 795, § 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, § 2, 52 Stat. 1215, referred to above, were extended to the Muskingum River Valley dams and reservoirs by sec- tion 4 of act Aug. 11, 1939, ch. 699, 53 Stat. 1414. § 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 sub- divisions thereof or other responsible local agen- cies and conveyed to the United States, and pro- visions of clauses (a), (b), and (c) of section 701c of this title shall not apply thereto. Notwith- standing any restrictions, limitations, or re- quirement of prior consent provided by any other Act, the Secretary of the Army is author- ized 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 res- ervoir project or channel improvement or chan- nel rectification project for flood control, with funds heretofore or hereafter appropriated or made available for such projects, and States, po- litical subdivisions thereof, or other responsible local agencies, shall be granted and reimbursed, from such funds, sums equivalent to actual ex- penditures 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 reim- bursement shall be made for any indirect or speculative damages: Provided further, That lands, easements, and rights-of-way shall in- clude lands on which dams, reservoirs, channel improvements, and channel rectifications are lo- cated; lands or flowage rights in reservoirs and highway, railway, and utility relocation: Pro- vided 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, ease- ments, 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 certifi- cate of title of the district from which said lands, easements, or rights-of-way are to be ac- quired accompanied by an agreement, duly exe- cuted 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, § 2, 52 Stat. 1215; Aug. 11, 1939, ch. 699, § 5, 53 Stat. 1415; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)