§633 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Chief of Engineers can pay to protect, change, rebuild, move, or replace a government-owned building or facility used for a government job when an Army navigation, flood-control, or related water project harms it or threatens its safety. If it is in the public interest, he can contract to use project funds to pay the reasonable cost to relocate or rebuild the facility to a standard he finds reasonable, but not higher than the State’s minimum for that type of facility. If the existing facility is above the State minimum, he may provide a similar higher standard. He can also pay one lump sum equal to the estimated reasonable cost. This does not change local cooperation rules or mean local governments won’t have to pay their share. The rule can apply to projects authorized later and to those authorized but not finished as of July 3, 1958, and it can apply to facilities on the beds of navigable waters even though the United States has navigation rights there.

Title 33, §633

Navigation and Navigable Waters — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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).

§633 Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs

Summary

Title 33, §633

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata