§ 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
1,188 words·~5 min read·
/usc/title-33/section-701cA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
After June 22, 1936, no money appropriated under authority of section 701f of this title shall be expended on the construction of any project until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of the Army that they will
(a)provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project, except as otherwise provided herein;
(b)hold and save the United States free from damages due to the construction works;
(c)maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army: Provided, That the construction of any dam authorized herein, may be undertaken without delay when the dam site has been acquired and the assurances prescribed herein have been furnished, without awaiting the acquisition of the easements and rights-of-way required for the reservoir area: And provided further, That whenever expenditures for lands, easements, and rights-of-way by States, political subdivisions thereof, or responsible local agencies for any individual project or useful part thereof shall have exceeded the present estimated construction cost therefor, the local agency concerned may be reimbursed one-half of its excess expenditures over said estimated construction cost: And provided further, That when benefits of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, the Secretary of the Army with the consent of the State wherein the same are located may acquire the necessary lands, easements, and rights-of-way for said project or part thereof after he has received from the States, political subdivisions thereof, or responsible local agencies benefited the present estimated cost of said lands, easements, and rights-of-way, less one-half the amount by which the estimated cost of these lands, easements, and rights-of-way exceeds the estimated construction cost corresponding thereto: And provided further, That the Secretary of the Army shall determine the proportion of the present estimated cost of said lands, easements, and rights-of-way that each State, political subdivision thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: And provided further, That whenever not less than 75 per centum of the benefits as estimated by the Secretary of the Army of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, provision
(c)of this section shall not apply thereto; nothing herein shall impair or abridge the powers now existing in the Department of the Army with respect to navigable streams: And provided further, That nothing herein shall be construed to interfere with the completion of any reservoir or flood control work authorized by the Congress and now under way.
(d)As a condition to the extending of any benefits, in prosecuting measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared in section 701a of this title, to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of such Act, require—
(1)The enactment and reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for run-off and waterflow retardation and soil-erosion prevention;
(2)Agreements or covenants as to the permanent use of such lands; and
(3)Contributions in money, services, materials, or otherwise to any operations conferring such benefits.
(June 22, 1936, ch. 688, § 3, 49 Stat. 1571; Aug. 28, 1937, ch. 877, § 4, 50 Stat. 877; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
Connections31 cite this · traces to 3
Cited by 31 sections · top 19
U.S. Code
- § 701sSmall flood control projects; appropriations; amount limitation for single locality; conditions
- § 701cRights-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
statutes-at-large
- Public Law 87–874
- Public Law 89–298
- Public Law 90–483
- Public Law 89–789
- Public Law 91–611
- Public Law 396
- Public Law 299providing for the conveyance to the city of Canton, South Dakota, of the Canton Insane Asylum, located in Lincoln County, South Dakota” (60 Stat. 998), as may be necessary to permit the city of Canton to lease such lands or any part thereof for private use
- Public Law 93–251
- Public Law 450
- Public Law 94–587Authorizing the construction, repair, anti preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes
- Public Law 415
- Public Law 96–304Making supplemental appropriations for the fiscal year ending September 30, 1980, rescinding certain budget authority, and for other purposes
- Public Law 347
- Public Law 308
- Public Law 98–63Making supplemental appropriations for the fiscal year ending September 30, 1983 and for other purposes
- Public Law 99–662To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation’s water resources infrastructure
Traces to 3 documents
U.S. Code
- Authorization of appropriations§ 701f
- Declaration of policy of 1936 act§ 701a
- 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§ 701c
33 references not yet in our index
- June 22, 1936, ch. 688, § 3
- 49 Stat. 1571
- Aug. 28, 1937, ch. 877, § 4
- 50 Stat. 877
- July 26, 1947, ch. 343
- 61 Stat. 501
- act June 22, 1936, ch. 688
- 49 Stat. 1570
- act July 26, 1947, ch. 343, title II
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 641
- Pub. L. 90–483, title II, § 201
- 82 Stat. 739
- Pub. L. 90–483
- Pub. L. 89–789, title II, § 201
- 80 Stat. 1418
- Pub. L. 89–298, title II, § 202
- 79 Stat. 1074
- Sept. 3, 1954, ch. 1264
- 68 Stat. 1256
- May 17, 1950, ch. 188
- 64 Stat. 170
- June 30, 1948, ch. 771
- 62 Stat. 1175
- July 24, 1946, ch. 596, § 2
- 60 Stat. 641
- Dec. 22, 1944, ch. 665, § 3
- 58 Stat. 889
- Act June 28, 1938, ch. 795, § 2
- 52 Stat. 1215
- act June 28, 1938, ch. 795, § 2
- act Aug. 11, 1939, ch. 699
- 53 Stat. 1414
Citation graph
cites case law
§ 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
Stat.×27
U.S.C.×3
C.F.R.×1
ActJune 22, 1936, ch. 688, § 3
Stat.49 Stat. 1571
ActAug. 28, 1937, ch. 877, § 4
Stat.50 Stat. 877
ActJuly 26, 1947, ch. 343
Cites 36 · showing 8Cited by 31 across 3 sources