---
kind: "section"
citation: "33 U.S.C. § 598b"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "598b"
heading: "Minimum real estate interest"
release: "119-102"
url: "https://uscodex.org/usc/33/598b"
units:
  - "Chapter 12 — River and Harbor Improvements Generally"
  - "Subchapter III — Acquisition of Land and Materials"
---

# §598b. Minimum real estate interest

- (a) **Real estate plan—** The [Secretary](/usc/33/426h–1.md?p=2) shall provide to the [non-Federal interest](/usc/33/701h.md) for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for [construction](/usc/33/426e.md?p=c), operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.
- (b) **Identification of minimum interest—**
  - (1) **In general—** For each authorized water resources development project for which an interest in real property is required for any applicable [construction](/usc/33/426e.md?p=c), operation and maintenance, repair, rehabilitation, or replacement, the [Secretary](/usc/33/426h–1.md?p=2) shall identify the minimum interest in the property necessary to carry out the applicable activity.
  - (2) **Determination—** In carrying out [paragraph (1)](#b-1), the [Secretary](/usc/33/426h–1.md?p=2) shall identify an interest that is less than fee simple title in cases where the [Secretary](/usc/33/426h–1.md?p=2) determines that—
    - (A) such an interest is sufficient for [construction](/usc/33/426e.md?p=c), operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and
    - (B) the [non-Federal interest](/usc/33/701h.md) cannot legally make available to the [Secretary](/usc/33/426h–1.md?p=2) an interest in fee simple title for purposes of the project.
- (c) **Requirement—** The [non-Federal interest](/usc/33/701h.md) for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under [subsection (b)](#b).
- (d) **Annual report—** The [Secretary](/usc/33/426h–1.md?p=2) shall annually submit to the [Committee](/usc/33/3301.md?p=3) on Transportation and Infrastructure of the House of Representatives and the [Committee](/usc/33/3301.md?p=3) on Environment and Public Works of the Senate a report containing—
  - (1) a summary of all instances in which the [Secretary](/usc/33/426h–1.md?p=2) identified under [subsection (b)](#b) fee simple title as the minimum interest necessary with respect to an activity for which the [non-Federal interest](/usc/33/701h.md) requested the use of an interest less than fee simple title; and
  - (2) with respect to each such instance, a description of the legal requirements that resulted in identifying fee simple title as the minimum interest.
- (e) **Existing agreements—** At the request of a [non-Federal interest](/usc/33/701h.md), an agreement entered into under [section 1962d–5b of title 42](/usc/42/1962d–5b.md) between the [Secretary](/usc/33/426h–1.md?p=2) and the [non-Federal interest](/usc/33/701h.md) before January 4, 2025, may be amended to reflect the requirements of this section.

## Source credit

(Pub. L. 118–272, div. A, title I, § 1104, Jan. 4, 2025, 138 Stat. 3000.)

## Notes

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.