(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 $35,000,000 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 $7,000,000 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.
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”.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–662not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) ofPub. L. 99–662, set out as a note under section
426g of this title.
Effective Date of 1976 Amendment
Section 133(c) ofPub. L. 94–587provided 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 Amendment
Amendment by Pub. L. 91–611not applicable to any project under contract for construction on Dec. 31, 1970, see section 112(c) ofPub. L. 91–611, set out as a note under section
426g of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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