§ 633. — Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC633]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER V--PROSECUTION OF WORK GENERALLY
Sec. 633. Protection, alteration, reconstruction, relocation, or
replacement of structures and facilities; contract standards;
reasonable costs
Whenever, during the construction or reconstruction of any
navigation, flood control, or related water development project under
the direction of the Secretary of the Army, the Chief of Engineers
determines that any structure or facility owned by an agency of
government and utilized in the performance of a governmental function
should be protected, altered, reconstructed, relocated, or replaced to
meet the requirements of navigation or flood control, or both; or to
preserve the safety or integrity of such facility when its safety or
usefulness is determined by the Chief of Engineers to be adversely
affected or threatened by the project, the Chief of Engineers may, if he
deems such action to be in the public interest, enter into a contract
providing for (1) the payment from appropriations made for the
construction or maintenance of such project, of the reasonable cost of
replacing, relocating, or reconstructing such facility to such standard
as he deems reasonable but not to exceed the minimum standard of the
State or political subdivision for the same type of facility involved,
except that if the existing facility exceeds the minimum standard of the
State or political subdivision, the Chief of Engineers may provide a
facility of comparable standard, or (2) the payment of a lump sum
representing the estimated reasonable cost thereof. This section shall
not be construed as modifying any existing or future requirement of
local cooperation, or as indicating a policy that local interests shall
not hereafter be required to assume costs of modifying such facilities.
The provisions of this section may be applied to projects hereafter
authorized and to those heretofore authorized but not completed as of
July 3, 1958, and notwithstanding the navigation servitude vested in the
United States, they may be applied to such structures or facilities
occupying the beds of navigable waters of the United States.
(Pub. L. 85-500, title I, Sec. 111, July 3, 1958, 72 Stat. 303; Pub. L.
89-298, title III, Sec. 309, Oct. 27, 1965, 79 Stat. 1094.)
Amendments
1965--Pub. L. 89-298 provided for payment of the reasonable cost of
replacing, relocating, or reconstructing the facility to a reasonable
standard, not exceeding minimum standard of State or political
subdivision for same type of facility involved, except that if the
existing facility exceeds the minimum standard of the State or political
subdivision, the Chief of Engineers may provide a facility of comparable
standard, in provision designated as clause (1), eliminated former
provision for payment of reasonable actual cost of the remedial work,
and designated existing provisions as clause (2).
