§ 426f. — Reimbursements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426f]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426f. Reimbursements
(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.
(Aug. 13, 1946, ch. 960, Sec. 2, 60 Stat. 1056; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768, 70 Stat.
703; Pub. L. 87-874, title I, Sec. 103(a)(4), Oct. 23, 1962, 76 Stat.
1178; Pub. L. 104-303, title II, Sec. 227(c)(1), Oct. 12, 1996, 110
Stat. 3699.)
Amendments
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 July 28, 1956, substituted ``or other political
subdivision involved'' for ``or political subdivision''.
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 July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, 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,
Sec. 6(g)(6)(A), Oct. 15, 1966, 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).
Section Referred to in Other Sections
This section is referred to in sections 426e, 426h-1 of this title;
title 42 section 1962d-5a.
