§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, money under section 701f cannot be spent to build a project until the state, local government, or other responsible local agency gives the Secretary of the Army certain promises. They must give the United States, free of charge, the lands, easements, and rights‑of‑way needed for the work (unless the law says otherwise). They must agree to protect the United States from damage claims caused by the construction. They must also promise to run and care for the finished work under rules the Secretary sets. A dam may be built once the dam site is bought and the promises are given, even if reservoir easements are not yet bought. If a local agency has already spent more on lands, easements, or rights‑of‑way than the current estimated construction cost, it may be paid back half of the extra amount. If benefits go to land in other states, the Secretary (with the host State’s consent) can buy needed lands after the benefiting areas pay their share, using a formula that reduces what they must pay by half of the amount the land cost exceeds the construction cost. The Secretary will decide each area’s share. If at least 75% of the benefits go to land outside the host State, the promise to operate and maintain does not apply. Nothing here limits Army powers over navigable streams or stops work already authorized and underway. When carrying out runoff, water‑flow slowing, or soil erosion prevention work under the policy in section 701a, the Secretary of Agriculture may require states or local agencies to pass and enforce laws that set permanent land‑use limits, sign agreements or covenants about permanent land use, and contribute money, services, materials, or other support toward those projects.