[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.2]



[Page 183]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 211_REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION 

WITH CIVIL WORKS PROJECTS--Table of Contents

 

Sec.  211.2  Authority to acquire real estate.



    (a) Congressional authority necessary. No land shall be acquired on 

account of the United States except under a law authorizing such 

acquisition. (See R. S. 3736; 41 U. S. C. 14.)

    (b) Authority of the Secretary. The authority of the Secretary of 

the Army to acquire real estate for river and harbor improvements, flood 

control projects and allied purposes, is based upon enactments of the 

Congress authorizing the particular projects and appropriating funds 

therefor. These enactments are generally termed Flood Control Acts and 

are passed following the submission by the Secretary of the Army of 

preliminary plans and surveys to the Congress for consideration and 

approval.

    (c) Local cooperation. As a general rule in river and harbor and 

flood control projects, except channel improvements, channel 

rectifications, dam and reservoir, and certain other types of projects, 

local interests are required to provide without cost to the United 

States, all lands, easements and rights-of-way necessary for the 

construction of the projects.