§1962d–5a Reimbursement to States

Summary

The Secretary of the Army, through the Chief of Engineers, may agree to pay back states or local governments for work they do on federally authorized water projects. Payments can cover installation costs, cut the local share they would otherwise owe, or both. For any one project, federal payments or contribution reductions cannot be more than $5,000,000 or 1 percent of the project’s total cost, whichever is larger. However, the federal money actually paid for that project in a single fiscal year cannot be more than $7,000,000. Any agreement must say what work will be done, how it will be done, include plans if needed, allow review and inspection by the Chief of Engineers, explain how payments are figured, depend on available appropriations and project priority, and apply only to work done after the project is authorized and the agreement is signed. Agreements expire after three years if work has not started. No payment or credit is allowed until the Chief of Engineers certifies the work was done as agreed. Older beach erosion work started within one year after August 13, 1968 may be paid under an earlier beach law or under these rules if an agreement was in place before work began; work started after that date can be paid only under these rules. The United States will not take on non‑Federal duties or pay for work that becomes irrelevant if the federal project is not done or is changed. The Secretary may set aside up to $10,000,000 in any one fiscal year from civil works funds for these reimbursements, not counting specific project authorizations.