§702a–9 Lands, easements, and rights-of-way; acquisition by local authorities; reimbursement; protection of United States from liability for damages

Summary

Money from sections 702g–1 and 702k–1 cannot be used to build a reservoir project until the state, its local governments, or other responsible local agencies promise the Secretary of the Army three things: they will give the United States, at no cost, the land, easements, and rights-of-way needed (unless another rule here says otherwise); they will protect the United States from damage claims caused by construction; and they will run and care for the finished works under Army rules. A dam can be built sooner if the dam site is bought and the promises are made, even if reservoir-area rights are not yet acquired. If a local agency spends more on land and rights than the present estimated construction cost, it may be paid back one-half of the excess. When project benefits go to land outside the project’s state, the Secretary may buy needed land after getting from the benefiting jurisdictions the present estimated cost of that land, minus one-half of the amount by which that land cost exceeds the related estimated construction cost. The Secretary will decide how much each jurisdiction should pay based on the benefits they get. If at least 75% of the benefits go outside the project’s state, the duty to operate and maintain the works does not apply. Nothing here limits the Army’s powers over navigable streams or stops work already authorized and underway on June 15, 1936.