33 U.S.C. § 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

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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.)Editorial NotesReferences in Text

Herein, referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Portions of section 5 of act June 22, 1936, enumerating certain dams to be constructed, were not classified to the Code.

Amendments

1937—Act Aug. 28, 1937, added subsec. (d).

Statutory Notes and Related SubsidiariesChange of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Applicability of Section to Flood Control Works Authorized by Flood Control Acts

Pub. L. 90–483, title II, § 201, Aug. 13, 1968, 82 Stat. 739, provided that: “Section 3 of the Act approved June 22, 1936 (Public Law Numbered 738, Seventy-fourth Congress) [this section], as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Seventy-fifth Congress) [section 701c–1 of this title], shall apply to all works authorized in this title except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936 [this section], shall apply thereto, except as otherwise provided by law. The authorization for any flood control project herein authorized by this Act [Pub. L. 90–483] requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Secretary of the Army or his designee of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished.”

Similar provisions were contained in the following prior acts:

Nov. 7, 1966, Pub. L. 89–789, title II, § 201, 80 Stat. 1418.

Oct. 27, 1965, Pub. L. 89–298, title II, § 202, 79 Stat. 1074.

Sept. 3, 1954, ch. 1264, title II, § 201, 68 Stat. 1256.

May 17, 1950, ch. 188, title II, § 201, 64 Stat. 170.

June 30, 1948, ch. 771, title II, § 201, 62 Stat. 1175.

July 24, 1946, ch. 596, § 2, 60 Stat. 641.

Dec. 22, 1944, ch. 665, § 3, 58 Stat. 889.

Application of Section

Act June 28, 1938, ch. 795, § 2, 52 Stat. 1215, provided that this section, as theretofore amended and therein further modified, should apply to all flood control projects, except as otherwise specifically provided by law. For modification of this section by that act, see section 701c–1 of this title.

Muskingum River Valley

Provisions of act June 28, 1938, ch. 795, § 2, 52 Stat. 1215, referred to above, were extended to the Muskingum River Valley dams and reservoirs by section 4 of act Aug. 11, 1939, ch. 699, 53 Stat. 1414.

Notes of Decisions

Cited in 20 cases, 1941–2017 · leading case: Florida Wildlife Fed'n Inc. v. United States Army Corps of Engineers, 859 F.3d 1306 (11th Cir. 2017).

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Florida Wildlife Fed'n Inc. v. United States Army Corps of Engineers, 859 F.3d 1306 (11th Cir. 2017). · cites it 2× “at 7 (alteration in original) (quoting 33 U.S.C. § 701c). Federal law demands that excepted areas and water-control structures— which include the S-77, S-78, and S-79 water-control structures—be operated and maintained in accordance with regulations approved by the Secretary of…”

Jacques J. Creppel v. The United States Army Corps of Engineers, 670 F.2d 564 (5th Cir. 1982). · cites it 2× “” 33 U.S.C. § 701c (1976). The obvious reason to require the assurance that local government will defray operating expenses is to ensure that the federal expenditure is limited to the initial cost and the project does not impose a continuing burden on the federal fisc.”

Bayou Des Familles Dev. Corp. v. United States Corp., 541 F. Supp. 1025 (E.D. La. 1982). · cites it 2× “33 U.S.C. §§ 701c, 701f. While consultation with appropriate local authorities is important, the sole authority and responsibility for preparing a report recommending a specific project to Congress for approval and funding rests with the Corps.”

Alabama Ex Rel. Baxley v. Corps of Engineers of the United States Army, 411 F. Supp. 1261 (N.D. Ala. 1976). “However, the applicable federal statute, 33 U.S.C. § 701c, provided that no money could be expended by the federal agency on that particular project until the local agencies had “given assurances satisfactory to the Secretary of the Army .”

Env't Def. Fund, Inc. v. Alexander, 501 F. Supp. 742 (N.D. Miss. 1980). “1978), held that plaintiffs who represented environmental interests had no standing to complain that assurances of support by the State of Tennessee were insufficient to permit the enlargement of a canal under 33 U.S.C. § 701c. That statute provided that no money for the…”

Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011). “In Gulf Refining, the plaintiff, a property owner in Shelby County, Tennessee, brought suit pursuant to the Federal Control Act, 33 U.S.C. § 701c, for the alleged negligence of Shelby County and contractors for the federal government in the building of levees on the plaintiffs…”

Akers v. Resor, 339 F. Supp. 1375 (W.D. Tenn. 1972). · cites it 2× “The first statute that plaintiffs contend that the Corps will be violating in proceeding with the enlargment and realignment of the channel of these rivers is 33 U.S.C.A. § 701c, which provides in relevant part: “.”

James v. United States, 760 F.2d 590 (5th Cir. 1985). · cites it 2× “The 1936 Act has its own immunity provision in 33 U.S.C. § 701c (1982), which has remained unamended.”

Creppel v. United States Army Corps of Engineers, 500 F. Supp. 1108 (E.D. La. 1980). “The Buck Hills case involved an interpretation of Section 80(b) of the Water Resources Act rather than 33 U.S.C. § 701c. Section 80(b) provides that the “Corps may use an alternative interest rate in calculating a project cost, where the non-federal interests have given…”

Gulf Refining Co. v. Mark C. Walker & Son Co., 124 F.2d 420 (6th Cir. 1942). “The present actions grow out of the alleged negligence of Shelby County, Tennessee, and contractors for the United States Government in the building of levees on appellant’s land in Shelby County and in the city of Memphis in pursuance of what is known as the Nonconnah Creek…”

United States v. Willis, 211 F.2d 1 (8th Cir. 1954). “…Meyer, 7 Cir., 113 F.2d 387, 392 . 6 . The statutes involved are 52 Stat. 1215 , 33 U.S.C.A. § 701c-l; 55 Stat. 638 , 33 U.S.C.A. §§ 701c note, 701m.”

Perdue v. Ferguson, 350 S.E.2d 555 (W. Va. 1986). “33 U.S.C. § 701c. (1982). 2 . Huntington, W.”

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— 33 U.S.C. § 701c(b) — 1 case

James v. United States, 760 F.2d 590 (5th Cir. 1985). “The 1936 Act has its own immunity provision in 33 U.S.C. § 701c (1982), which has remained unamended.”

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