33 U.S.C. § 598: Resettlement of displaced…

Summary

The Secretary of the Army can step in and get land for resettling families, people, and businesses moved by a river, harbor, flood control, or other water project when a State, local agency, or nonprofit cannot buy the land fast enough. The Secretary can act at the Governor’s request and after talking with federal, state, regional, and local agencies. The United States can take the land by purchase, donation, condemnation, or other lawful means, and the Secretary may do this before the Attorney General has approved the land title. The State or nonprofit that wants the site must pay all acquisition costs and any condemnation awards, including title searches, appraisals, advertising, and fees. They may repay those amounts from federal funds available to them (not from the Department of the Army). Until repayment, the Secretary can use project funds to pay costs and may require a bond to guarantee payment. Any money repaid is returned to the project’s Treasury account. The Secretary will only authorize acquisition after determining that the site is needed to ease hardship, is suitable for jobs, and has a local development plan approved. When appropriate, the Secretary must convey the land by deed to the State or the nonprofit the Governor names, under agreed terms.

Title 33, §598

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Acquisition of land; condemnation expenses; bond

Whenever any State, or any agency or instrumentality of a State or local government, or any nonprofit incorporated body organized or chartered under the law of the State in which it is located, or any nonprofit association or combination of such bodies, agencies or instrumentalities, shall undertake to secure any lands or interests therein as a site for the resettlement of families, individuals, and business concerns displaced by a river and harbor improvement, flood control or other water resource project duly authorized by Congress, and when it has been determined by the Secretary of the Army that the State is unable to acquire necessary lands or interests in lands or is unable to acquire such lands or interests in lands with sufficient promptness, the Secretary, upon the request of the Governor of the State in which such site is located, and after consultation with appropriate Federal, State, interstate, regional, and local departments and agencies, is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation or otherwise in accordance with the laws of the United States (including section 3114–3116 and 3118 of title 40). All expenses of said acquisition and any award that may be made under a condemnation proceeding, including costs of examination and abstract of title, certificate of title, appraisal, advertising, and any fees incident to acquisition, shall be paid by such State or body, agency, or instrumentality. The State, agency, instrumentality, or nonprofit body may repay such amounts from any funds made available to it for such purposes by any Federal department, agency, or instrumentality (other than the Department of the Army) having authority to make funds available for such a purpose. Pending such payment, the Secretary may expend from any funds hereafter appropriated for the project occasioning such acquisition such sums as may be necessary to carry out this section. To secure payment, the Secretary may require any such State or agency, body, or instrumentality to execute a proper bond in such amount as he may deem necessary before acquisition is commenced. Any sums paid to the Secretary by any such State or agency, body or instrumentality shall be deposited in the Treasury to the credit of the appropriation for such project.

(b)Acquisition provisions

No acquisition shall be undertaken under the authority of this section unless the Secretary has determined, after consultation with appropriate Federal, State, and local governmental agencies that (1) the development of a site is necessary in order to alleviate hardships to displaced persons; (2) the location of the site is suitable for development in relation to present or potential sources of employment; and (3) a plan for development of the site has been approved by appropriate local governmental authorities in the area or community in which such site is located.

(c)Conveyance to State, public or private nonprofit body

The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any lands or interests in land acquired in any State under the provisions of this section, to the State, or such public or private nonprofit body, agency, or institution 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.

Notes & Related Subsidiaries

Editorial Notes

Codification “section 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.

§598 Resettlement of Displaced Families, Individuals, and Business Concerns

Summary

Title 33, §598

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata