2020-11-09-minutes-public-works-study-session

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Ch. 15 FLOOD CONTROL 33 H 7O1c 701 c. Rights-of-way, easements, etc,; acquisition by local authorities; maintenance and operation; protec- tion of United States from liability for damages; requisites to ran -off and water -flow retardation and soil erosion prevention assistance After June 22, 1936, no money appropriated under authority of section 741f of this title shall be expended on the construction of any project until States, political subdivisions thereof, or other re- sponsible loc-aragencies h n assurances sa isfactory to the Secretary of the Army that its. Will (a) provide without cost to the kited States all Iands, easements, and rights -of -wap 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 thp.:works after completion in accordaritce with regurations prescribed by the Secre t of the Army: Provided, That the construction of any dam au- thorized by section 5 of the Act of June 22, 1936, c. 688, 49 Stat. 1572, 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 when- ever 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 Iocal agency con- cerned 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, ease- ments, and rights-of-way for said project or part thereof after he has received from the States, political subdivisions thereof, or re- sponsible local agencies benefited the present estimated cost of said lands, easements, and rights-of-way, Iess one-half the amount by h 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 deter- mine the proportion of the present estimated cost of said lands, ease- ments, and rights-of-way what each State, political subdivision there - Of, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: And provided fur- ther, 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 Iands and property outside of the State in Which said project or part thereof is located, provision (c) of this 403 99 ILI