§ 701r-1. — Utilization of public roads.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701r-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 701r-1. Utilization of public roads
(a) Definitions
When used in this section--
(1) The term ``Agency'' means the Corps of Engineers, United
States Army or the Bureau of Reclamation, United States Department
of the Interior, whichever has jurisdiction over the project
concerned.
(2) The term ``head of the Agency concerned'' means the Chief of
Engineers or the Commissioner, Bureau of Reclamation, or their
respective designees.
(3) The term ``water resources projects to be constructed in the
future'' includes all projects not yet actually under construction,
and, to the extent of work remaining to be completed, includes
projects presently under construction where road relocations or
identifiable components thereof are not complete as of the date of
this section.
(4) The term ``time of the taking'' is the date of the
relocation agreement, the date of the filing of a condemnation
proceeding, or a date agreed upon between the parties as the date of
taking.
(b) Improvement, reconstruction, and maintenance
Whenever, in connection with the construction of any authorized
flood control, navigation, irrigation, or multiple purpose project for
the development of water resources, the head of the Agency concerned
determines it to be in the public interest to utilize existing public
roads as a means of providing access to such projects during
construction, such Agency may improve, reconstruct, and maintain such
roads and may contract with the local authority having jurisdiction over
the roads to accomplish the necessary work. The accomplishment of such
work of improvement may be carried out with or without obtaining any
interest in the land on which the road is located in accordance with
mutual agreement between the parties: Provided, (1) That the head of the
Agency concerned determines that such work would result in a saving in
Federal cost as opposed to the cost of providing a new access road at
Federal expense, (2) that, at the completion of construction, the head
of the Agency concerned will, if necessary, restore the road to at least
as good condition as prior to the beginning of utilization for access
during construction, and (3) that, at the completion of construction,
the responsibility of the Agency for improvement, reconstruction, and
maintenance shall cease.
(c) Replacement roads; construction to higher standards
For water resources projects to be constructed in the future, when
the taking by the Federal Government of an existing public road
necessitates replacement, the substitute provided will, as nearly as
practicable, serve in the same manner and reasonably as well as the
existing road. The head of the agency concerned is authorized to
construct such substitute roads to the design standards which the State
or owning political division would use in constructing a new road under
similar conditions of geography and under similar traffic loads (present
and projected). In any case where a State or political subdivision
thereof requests that such a substitute road be constructed to a higher
standard than that provided for in the preceding provisions of this
subsection, and pays, prior to commencement of such construction, the
additional costs involved due to such higher standard, such agency head
is authorized to construct such road to such higher standard. Federal
costs under the provisions of this subsection shall be part of the
nonreimbursable project costs.
(Pub. L. 86-645, title II, Sec. 207, July 14, 1960, 74 Stat. 500; Pub.
L. 87-874, title II, Sec. 208, Oct. 23, 1962, 76 Stat. 1196; Pub. L. 93-
251, title I, Sec. 13, Mar. 7, 1974, 88 Stat. 17.)
Amendments
1974--Subsec. (c). Pub. L. 93-251 lower cased ``agency'' in two
places, and substituted ``to the design standards which the State or
owning political division would use in constructing a new road under
similar conditions of geography and under similar traffic loads (present
and projected).'' for ``to design standards comparable to those of the
State, or, where applicable State standards do not exist, those of the
owning political division in which the road is located, for roads of the
same classification as the road being replaced. The traffic existing at
the time of the taking shall be used in the determination of the
classification.''
1962--Subsec. (a). Pub. L. 87-874 added subsec. (a). Former subsec.
(a) redesignated (b).
Subsec. (b). Pub. L. 87-874 redesignated former subsec. (a) as (b),
and among other changes, inserted ``irrigation,'' before ``or multiple-
purpose project'' and substituted references to head of the Agency
concerned, for references to Chief of Engineers. Former subsec. (b)
redesignated (c).
Subsec. (c). Pub. L. 87-874 redesignated former subsec. (b) as (c),
substituted construction authority to head of the agency concerned for
authority to Chief of Engineers, provided that where State standards do
not exist, those of the owning political division in which the road is
located shall be used, that where a State or political subdivision
requests a substitute road to be constructed to a higher standard than
provided in this subsection, and pays the additional costs, the Agency
head is authorized to so construct the road, and that the Federal costs
under this subsection shall be part of the nonreimbursable costs.
