§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 money under section 701f must not be spent on building a project until the state, local government, or other responsible local agency makes promises the Secretary of the Army accepts. They must give the United States, at no cost, the land, easements, and rights-of-way needed (except where the law says otherwise); protect the United States from claims for damages caused by the construction; and keep and run the finished works according to rules set by the Secretary of the Army. A dam can be built sooner if the dam site is bought and the required promises are given, even if reservoir rights are not all bought yet. If a local agency spent more on land and rights than the current estimated construction cost, it may be paid back one-half of the excess. If parts of a project benefit land in another State, the Secretary (with the State’s consent) may buy the needed land after getting payment from the benefiting local agencies under formulas in the law; the Secretary will decide how much each agency should pay. If at least 75 percent of a project’s estimated benefits go to land outside the State where the project sits, the rule to maintain and operate the works does not apply. Nothing here limits Army powers over navigable streams or stops completion of authorized reservoir or flood-control work already underway. For runoff, water-flow slowing, and soil-erosion prevention work done under the policy in section 701a, the Secretary of Agriculture may require, when extending benefits to non-federal lands, that states or local agencies pass and enforce lasting restrictions on land use, make permanent use agreements or covenants, and provide money, services, materials, or other contributions for the work.