§702a–9 Lands, Easements, and Rights-of-way; Acquisition by Local Authorities; Reimbursement; Protection of United States From Liability for Damages

Summary

No money from sections 702g–1 and 702k–1 may be used to build a reservoir project until the State, local government, or other responsible local agency gives the Secretary of the Army written promises that they will, at no cost to the United States, provide the lands, easements, and rights-of-way needed for construction (unless the law says otherwise), protect the United States from damages caused by the construction, and run and maintain the finished works under rules set by the Secretary. A dam can be built right away once the dam site is bought and those promises are given, even if the reservoir area easements and rights-of-way are not yet acquired. If a local agency spends more on lands, easements, and rights-of-way than the present estimated construction cost for the project or a useful part of it, the agency may be paid back one-half of the excess. When benefits go to land outside the State where the project sits, the Secretary may buy needed lands after the benefiting States or local agencies pay the present estimated land cost minus one-half of the amount by which that land cost exceeds the estimated construction cost. The Secretary will decide each State’s or agency’s share based on the benefits they will get. If at least 75 percent of the estimated benefits go to land outside the project State, the rule requiring local maintenance and operation does not apply. Nothing here limits the Army’s powers over navigable streams or stops completion of reservoir or flood-control work already authorized and under way on June 15, 1936.