PRIA, Government Policy, Made Personal

Summary

The Secretary of the Army may use up to $62,500,000 each fiscal year from rivers and harbors funds to build small river and harbor projects that Congress did not specifically approve, if the Chief of Engineers finds the project will help navigation and the benefits are greater than the cost. No more than $15,000,000 may be used at any one location, and the money must be enough to finish the federal part of the work. Local groups must give the needed land, easements, and rights-of-way for free. They may also have to protect the United States from damages and promise to help as the Chief of Engineers requires. Local entities might have to pay part of the cost when benefits are mainly local or recreational. Each project must stand alone and not require more federal building to work, except routine maintenance. This authority also covers low-water access channels from the Mississippi River to nearby harbors.

Title 33, §577

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Allotment from appropriations for construction

The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $62,500,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost.

(b)Limitation on allotment

Not more than $15,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section.

(c)Lands, easements, and rights-of-way; indemnification; assurances of local cooperation

Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished.

(d)Sharing of costs by non-Federal interests

Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineers deems that such cost should not be borne by the Federal Government in view of the recreational or otherwise special or local nature of the project benefits.

(e)Completeness of project

Each project for which money is allotted under this section shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, other than routine maintenance, and except as may result from the normal procedure applying to projects authorized after submission of survey reports, and projects constructed under the authority of this section shall be considered as authorized projects.

(f)Low water access navigation channels from existing channel of Mississippi River

This section shall apply to, but not be limited to, the provision of low water access navigation channels from the existing channel of the Mississippi River to harbor areas heretofore or now established and located along the Mississippi River.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (b). Pub. L. 118–272 substituted “$15,000,000” for “$10,000,000”. 2018—Subsec. (a). Pub. L. 115–270 substituted “$62,500,000” for “$50,000,000”. 2014—Subsec. (a). Pub. L. 113–121, § 1030(b)(1), substituted “$50,000,000” for “$35,000,000”. Subsec. (b). Pub. L. 113–121, § 1030(b)(2), substituted “$10,000,000” for “$7,000,000”. 2007—Subsec. (b). Pub. L. 110–114 substituted “$7,000,000” for “$4,000,000”. 1986—Subsec. (a). Pub. L. 99–662 substituted “$35,000,000” for “$25,000,000”. Subsec. (b). Pub. L. 99–662 substituted “$4,000,000” for “$2,000,000”. 1976—Subsec. (b). Pub. L. 94–587 substituted “$2,000,000” for “$1,000,000”. 1970—Subsec. (a). Pub. L. 91–611 substituted “$25,000,000” for “$10,000,000”. Subsec. (b). Pub. L. 91–611 substituted “$1,000,000” for “$500,000”. 1965—Subsec. (a). Pub. L. 89–298, § 310(a)(1), substituted “$10,000,000” for “$2,000,000”. Subsec. (b). Pub. L. 89–298, § 310(a)(2), substituted “$500,000” for “$200,000”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–662 not applicable to any project under contract for

Construction

on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.

Effective Date

of 1976 Amendment Pub. L. 94–587, § 133(c), Oct. 22, 1976, 90 Stat. 2928, provided that: “The

Amendments

made by this section [amending this section and section 701s of this title] shall not apply to any project under contract for

Construction

on the date of enactment of the Water Resources Development Act of 1976 [Oct. 22, 1976].”

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–611 not applicable to any project under contract for

Construction

on Dec. 31, 1970, see section 112(c) of Pub. L. 91–611, set out as a note under section 426g of this title.

§577 Small River and Harbor Improvement Projects

Summary

Title 33, §577

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Construction

Effective Date

Amendments

Construction

Effective Date

Construction

Citations & Metadata