PRIA, Government Policy, Made Personal

Summary

When the Army is building or fixing navigation, flood control, or similar water projects, the Chief of Engineers can require protection, changes, moving, or replacement of a government-owned structure used for a government job if the project would hurt its safety or usefulness or if it must meet navigation or flood-control needs. If the Chief thinks it is in the public interest, he can make a contract to pay either the reasonable cost to replace, move, or rebuild the facility (up to the State’s minimum standard for that kind of facility, or matching the existing higher standard) or a lump-sum estimated cost. This does not change any rules about local cooperation or who may have to pay. The rule applies to future projects and to projects authorized but not finished as of July 3, 1958, and it can cover facilities sitting on the beds of navigable U.S. waters even though the United States has control over those beds.

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