§701c–1 Acquirement of Titles for Certain Projects and to Lands, Easements, Rights-of-way; Reimbursement of Local Agencies

Summary

The United States must get legal title to any land, easement, or right-of-way needed for dam and reservoir projects or for channel improvement or channel rectification projects for flood control that are authorized under the Act of June 22, 1936 (as amended) and related federal law. Those lands can be bought by the United States or bought by States, local governments, or other local agencies and then transferred to the United States. Clauses (a), (b), and (c) of section 701c do not apply to these acquisitions. The Secretary of the Army is ordered to acquire these titles in the name of the United States, using funds already provided or later made available for the projects, even if other laws would otherwise limit that. States and local agencies that already paid for needed lands, easements, or rights-of-way must be paid back from those funds for the actual, reasonable costs that the Secretary of the Army and the Chief of Engineers approve. No payment will be made for indirect or speculative damages. “Lands, easements, and rights-of-way” includes the ground for dams, reservoirs, channel work, flowage rights, and relocation of highways, railways, and utilities. For purchases from the Los Angeles County Flood Control District or the Muskingum Watershed Conservancy District, the Attorney General may rely on the district’s certificate of title together with a written district promise to protect and pay the United States for any claims, losses, or legal costs that come from title defects, including costs to condemn land if needed.