§598b — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must give the non-Federal partner a real estate plan that explains what property rights are needed to build, operate, maintain, repair, rehabilitate, or replace the project, with the necessary details and legal steps. For each project activity, the Secretary must pick the smallest property interest needed. If less than full ownership (fee simple title) is enough and the non-Federal partner cannot legally provide full ownership, the Secretary should require a smaller interest. The non-Federal partner must provide whatever minimum interest the Secretary identifies. Each year the Secretary must report to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works showing any cases where full ownership was required even though the non-Federal partner asked for less, and explain the legal reasons. Agreements made under 42 U.S.C. 1962d–5b before January 4, 2025, can be amended at the non-Federal partner’s request to follow these rules.

Title 33, §598b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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)At the request of a non-Federal interest, an agreement entered into under section 1962d–5b of title 42 between the Secretary and the non-Federal interest before January 4, 2025, may be amended to reflect the requirements of this section.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.

§598b Minimum Real Estate Interest

Summary

Title 33, §598b

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata