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Title 33 — Navigation and Navigable Waters

Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally

§ 426f. Reimbursements

Statutory text

(a)

In general

The Secretary is authorized to reimburse non-Federal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable elements which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects or separable elements is approved by the Chief of Engineers as being in accordance with the authorized projects or separable elements: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects or separable elements of higher priority for improvements.

(b)

Agreements

(1)

Requirement

After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element.

(2)

Terms

The agreement shall—

(A)

specify the life of the project; and

(B)

ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 79–960 § 2 · 60 Stat. 1056

    Enacted · 33 U.S.C. § 426f

    Aug. 13, 1946, ch. 960, § 2, 60 Stat. 1056

    Source evidence

    Code source credit
    Aug. 13, 1946, ch. 960, § 2, 60 Stat. 1056

    Enacted provision · exact public law section
    Sec. 2. When the Chief of Engineers shall find that any such project has been constructed in accordance with the authorized plans and specifications he shall cause to be paid to the State, municipality, or political subdivision the amount authorized by Congress.

  2. River and Harbor Art of

    Pub. L. 87–874 title I § 103(a)(4) · 76 Stat. 1173

    Substituted · 33 U.S.C. § 426f

    Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and provide that such reimbursement shall be subject to applicable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress

    Source evidence

    Code amendment note
    Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and provide that such reimbursement shall be subject to applicable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress.

    Enacted provision · exact public law section
    (4) sections 2 and 3 are amended to read as follows: “Sec. 2. The Secretary of the Army is hereby authorized to reimburse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized projects which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements. “Sec. 3. The Secretary of the Army is hereby authorized to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress, which otherwise comply with section 1 of this Act, when he finds that such work is advisable, and he is further authorized to allot from any appropriations hereafter made for civil works, not to exceed $3,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: Provided, That not more than $400,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 1(c) of this Act: Provided further, That the provisions of local cooperation specified in section 1 of this Act shall apply: And provided further, That the work shall be complete in itself and shall not commit the United States to any additional improvement to insure its successful operation, except for participation in periodic beach nourishment in accordance with section 1(c) of this Act, and as may result from the normal procedure applying to projects authorized after submission of survey reports.”

  3. Water Resources Development Act of 1996

    Pub. L. 104–303 title II § 227(c)(1) · 110 Stat. 3658

    1. Inserted · 33 U.S.C. § 426f

      Pub. L. 104–303 inserted section catchline

    2. Amended · 33 U.S.C. § 426f

      Pub. L. 104–303 designated existing provisions as subsec. (a)

    3. Inserted · 33 U.S.C. § 426f

      Pub. L. 104–303 inserted heading

    4. Substituted · 33 U.S.C. § 426f

      Pub. L. 104–303 substituted “Secretary” for “Secretary of the Army”

    5. Substituted · 33 U.S.C. § 426f

      Pub. L. 104–303 substituted “non-Federal interests” for “local interests”

    6. Inserted · 33 U.S.C. § 426f

      Pub. L. 104–303 inserted “or separable element of the project” after “project”

    7. Inserted · 33 U.S.C. § 426f

      Pub. L. 104–303 inserted “or separable elements” after “projects” wherever appearing

    8. Added · 33 U.S.C. § 426f

      Pub. L. 104–303 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “Secretary” for “Secretary of the Army” and “non-Federal interests” for “local interests”, inserted “or separable element of the project” after “project”, inserted “or separable elements” after “projects” wherever appearing, and added subsec. (b).

    Enacted provision · exact public law section
    (1) Small shore protection projects.— Section 2 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426f), is amended— (A) by striking “Sec. 2. The Secretary of the Army” and inserting the following: “SEC. 2. REIMBURSEMENTS. “(a) In General.— The Secretary”; (B) in subsection (a) (as designated by subparagraph (A) of this paragraph)— (i) by striking “local interests” and inserting “non-Federal interests”, (ii) by inserting “or separable element of the project” after “project”; and (iii) by inserting “or separable elements” after “projects” each place it appears; and (C) by adding at the end the following: “(b) Agreements.— “(1) Requirement.— After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element. “(2) Terms.— The agreement shall— “(A) specify the life of the project; and “(B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element”.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Amendments1956–1996 · 3 rounds

1996

Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “Secretary” for “Secretary of the Army” and “non-Federal interests” for “local interests”, inserted “or separable element of the project” after “project”, inserted “or separable elements” after “projects” wherever appearing, and added subsec. (b).

1962

Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and provide that such reimbursement shall be subject to applicable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress.

1956

Act , substituted “or other political subdivision involved” for “or political subdivision”.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(A), , 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).

Credits

1946–1996 · 5 acts
  1. 1946Aug. 13, 1946, ch. 960, § 2, 60 Stat. 1056
  2. 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501
  3. 1956July 28, 1956, ch. 768, 70 Stat. 703
  4. 1962Pub. L. 87–874, title I, § 103(a)(4), , 76 Stat. 1178
  5. 1996Pub. L. 104–303, title II, § 227(c)(1), , 110 Stat. 3699.
Show as published

(Aug. 13, 1946, ch. 960, § 2, 60 Stat. 1056; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; July 28, 1956, ch. 768, 70 Stat. 703; Pub. L. 87–874, title I, § 103(a)(4), , 76 Stat. 1178; Pub. L. 104–303, title II, § 227(c)(1), , 110 Stat. 3699.)

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