Appendix A to Part 209 - Public Law 90-483, 90th Congress, S. 3710, August 13, 1968
33:3.0.1.1.5.0.1.21.1 : Appendix A
Appendix A to Part 209 - Public Law 90-483, 90th Congress, S. 3710,
August 13, 1968
An act authorizing the construction, repair, and preservation of
certain public works on rivers and harbors for navigation, flood
control, and for other purpose. (82 Stat. 731).
Sec. 215. (a) The Secretary of the Army, acting through the
Chief of Engineers, may, when he determines it to be in the public
interest, enter into agreement providing for reimbursement to
States or political subdivisions thereof for work to be performed
by such non-Federal public bodies at water resources development
projects authorized for construction under the Secretary of the
Army and the supervision of the Chief of Engineers. Such agreements
may provide for reimbursement of installation costs incurred by
such entities or an equivalent reduction in the contributions they
would otherwise be required to make, or in appropriate cases, for a
combination thereof. The amount of Federal reimbursement, including
reductions in contributions, for a single project shall not exceed
$1,000,000.
(b) Agreements entered into pursuant to this section shall (1)
fully describe the work to be accomplished by the non-Federal
public body, and be accompanied by an engineering plan if necessary
therefor; (2) specify the manner in which such work shall be
carried out; (3) provide for necessary review of design and plans,
and inspection of the work by the Chief of Engineers or his
designee; (4) state the basis on which the amount of reimbursement
shall be determined; (5) state that such reimbursement shall be
dependent upon the appropriation of funds applicable thereto or
funds available therefor, and shall not take precedence over other
pending projects of higher priority for improvements; and (6)
specify that reimbursement or credit for non-Federal installation
expenditures shall apply only to work undertaken or Federal
projects after project authorization and execution of the
agreement, and does not apply retroactively to past non-Federal
work. Each such agreement shall expire three years after the date
on which it is executed if the work to be undertaken by the
non-Federal public body has not commenced before the expiration of
that period. The time allowed for completion of the work will be
determined by the Secretary of the Army, acting through the Chief
of Engineers, and stated in the agreement.
(c) No reimbursement shall be made, and no expenditure shall be
credited, pursuant to this section, unless and until the Chief of
Engineers or his designee, has certified that the work for which
reimbursement or credit is requested has been performed in
accordance with the agreement.
(d) Reimbursement for work commenced by non-Federal public
bodies no later than one year after enactment of this section, to
carry out or assist in carrying out projects for beach erosion
control, may be made in accordance with the provisions of section 2
of the Act of August 13, 1946, as amended (33 U.S.C. 426f).
Reimbursement for such work may, as an alternative, be made in
accordance with the provisions of this section, provided that
agreement required herein shall have been executed prior to
commencement of the work. Expenditures for projects for beach
erosion control commenced by non-Federal public bodies subsequent
to one year after enactment of this section may be reimbursed by
the Secretary of the Army, acting through the Chief of Engineers,
only in accordance with the provisions of this section.
(e) This section shall not be construed (1) as authorizing the
United States to assume any responsibilities placed upon a
non-Federal body by the conditions of project authorization, or (2)
as committing the United State to reimburse non-Federal interests
if the Federal project is not undertaken or is modified so as to
make the work performed by the non-Federal Public body no longer
applicable.
(f) The Secretary of the Army is authorized to allot from any
appropriations hereafter made for civil works not to exceed
$10,000,000 for any one fiscal year to carry out the provisions of
this section. This limitation does not include specific project
authorizations providing for reimbursement.
[42 FR 24050, May 12, 1977]