§ 598. — Resettlement of displaced families, individuals, and business concerns.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC598]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER III--ACQUISITION OF LAND AND MATERIALS
Sec. 598. Resettlement of displaced families, individuals, and
business concerns
(a) Acquisition of land; condemnation expenses; bond
Whenever any State, or any agency or instrumentality of a State or
local government, or any nonprofit incorporated body organized or
chartered under the law of the State in which it is located, or any
nonprofit association or combination of such bodies, agencies or
instrumentalities, shall undertake to secure any lands or interests
therein as a site for the resettlement of families, individuals, and
business concerns displaced by a river and harbor improvement, flood
control or other water resource project duly authorized by Congress, and
when it has been determined by the Secretary of the Army that the State
is unable to acquire necessary lands or interests in lands or is unable
to acquire such lands or interests in lands with sufficient promptness,
the Secretary, upon the request of the Governor of the State in which
such site is located, and after consultation with appropriate Federal,
State, interstate, regional, and local departments and agencies, is
authorized, in the name of the United States and prior to the approval
of title by the Attorney General, to acquire, enter upon, and take
possession of such lands or interests in lands by purchase, donation,
condemnation or otherwise in accordance with the laws of the United
States (including sections 3114-3116 and 3118 of title 40). All expenses
of said acquisition and any award that may be made under a condemnation
proceeding, including costs of examination and abstract of title,
certificate of title, appraisal, advertising, and any fees incident to
acquisition, shall be paid by such State or body, agency, or
instrumentality. The State, agency, instrumentality, or nonprofit body
may repay such amounts from any funds made available to it for such
purposes by any Federal department, agency, or instrumentality (other
than the Department of the Army) having authority to make funds
available for such a purpose. Pending such payment, the Secretary may
expend from any funds hereafter appropriated for the project occasioning
such acquisition such sums as may be necessary to carry out this
section. To secure payment, the Secretary may require any such State or
agency, body, or instrumentality to execute a proper bond in such amount
as he may deem necessary before acquisition is commenced. Any sums paid
to the Secretary by any such State or agency, body or instrumentality
shall be deposited in the Treasury to the credit of the appropriation
for such project.
(b) Acquisition provisions
No acquisition shall be undertaken under the authority of this
section unless the Secretary has determined, after consultation with
appropriate Federal, State, and local governmental agencies that (1) the
development of a site is necessary in order to alleviate hardships to
displaced persons; (2) the location of the site is suitable for
development in relation to present or potential sources of employment;
and (3) a plan for development of the site has been approved by
appropriate local governmental authorities in the area or community in
which such site is located.
(c) Conveyance to State, public or private nonprofit body
The Secretary is further authorized and directed by proper deed,
executed in the name of the United States, to convey any lands or
interests in land acquired in any State under the provisions of this
section, to the State, or such public or private nonprofit body, agency,
or institution in the State as the Governor may prescribe, upon such
terms and conditions as may be agreed upon by the Secretary, the
Governor, and the agency to which the conveyance is to be made.
(Pub. L. 90-483, title II, Sec. 209, Aug. 13, 1968, 82 Stat. 745.)
Codification
``Sections 3114-3116 and 3118 of title 40'' substituted in subsec.
(a) for ``the Act of February 26, 1931 (46 Stat. 1421)'' on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
