§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

Summary

After June 22, 1936, federal funds for a project cannot be spent until the State, local government, or responsible local agency assures the Secretary of the Army they will give the United States, at no cost, all land, easements, and rights needed for building the project (unless the law says otherwise). They must also protect the United States from damage claims, and must run and keep up the finished works following rules the Secretary sets. A dam can be built once the dam site and those assurances are in place, even if reservoir rights are not yet bought. If a local agency spends more on land and rights than the current estimated construction cost, it may be paid back one-half of the extra amount. If a project helps land in other States, the Secretary may buy needed land after the benefited States or local agencies pay a calculated share (current estimated land cost minus one-half of the amount by which that land cost exceeds the related estimated construction cost). The Secretary decides how much each beneficiary should pay. If at least 75 percent of a project’s benefits go to land outside the State where it sits, the duty to operate and maintain the works does not apply. Nothing here limits Army powers over navigable streams or stops work already under way. When extending benefits for runoff, slowing water flows, or preventing soil erosion on land not owned by the United States, the Secretary of Agriculture may require the State or local agency to pass and enforce permanent local laws or safeguards, sign permanent land-use agreements, and contribute money, labor, or materials as needed.