42 U.S.C. § 1962d-5a : US Code - Section 1962D-5A: Reimbursement to States

Search 42 U.S.C. § 1962d-5a : US Code - Section 1962D-5A: Reimbursement to States

(a) Combination of reimbursement of installation costs and
reduction in contributions; single project limitation
The Secretary of the Army, acting through the Chief of Engineers,
may, when he determines it to be in the public interest, enter into
agreements providing for reimbursement to States or political
subdivisions thereof for work to be performed by such non-Federal
public bodies at water resources development projects authorized
for construction under the Secretary of the Army and the
supervision of the Chief of Engineers. Such agreements may provide
for reimbursement of installation costs incurred by such entities
or an equivalent reduction in the contributions they would
otherwise be required to make, or in appropriate cases, for a
combination thereof. The amount of Federal reimbursement, including
reductions in contributions, for a single project shall not exceed
$5,000,000 or 1 percent of the total project cost, whichever is
greater; except that the amount of actual Federal reimbursement,
including reductions in contributions, for such project may not
exceed $5,000,000 in any fiscal year.
(b) Agreement provisions; termination of agreement for failure to
commence work
Agreements entered into pursuant to this section shall (1) fully
describe the work to be accomplished by the non-Federal public
body, and be accompanied by an engineering plan if necessary
therefor; (2) specify the manner in which such work shall be
carried out; (3) provide for necessary review of design and plans,
and inspection of the work by the Chief of Engineers or his
designee; (4) state the basis on which the amount of reimbursement
shall be determined; (5) state that such reimbursement shall be
dependent upon the appropriation of funds applicable thereto or
funds available therefor, and shall not take precedence over other
pending projects of higher priority for improvements; and (6)
specify that reimbursement or credit for non-Federal installation
expenditures shall apply only to work undertaken on Federal
projects after project authorization and execution of the
agreement, and does not apply retroactively to past non-Federal
work. Each such agreement shall expire three years after the date
on which it is executed if the work to be undertaken by the non-
Federal public body has not commenced before the expiration of
that period. The time allowed for completion of the work will be
determined by the Secretary of the Army, acting through the Chief
of Engineers, and stated in the agreement.
(c) Certification of performance
No reimbursement shall be made, and no expenditure shall be
credited, pursuant to this section, unless and until the Chief of
Engineers or his designee, has certified that the work for which
reimbursement or credit is requested has been performed in
accordance with the agreement.
(d) Beach erosion control projects
Reimbursement for work commenced by non-Federal public bodies no
later than one year after August 13, 1968, to carry out or assist
in carrying out projects for beach erosion control, may be made in
accordance with the provisions of section 426f of title 33.
Reimbursement for such work may, as an alternative, be made in
accordance with the provisions of this section, provided that
agreement required herein shall have been executed prior to
commencement of the work. Expenditures for projects for beach
erosion control commenced by non-Federal public bodies subsequent
to one year after August 13, 1968, may be reimbursed by the
Secretary of the Army, acting through the Chief of Engineers, only
in accordance with the provisions of this section.
(e) Prohibition of construction for Federal assumption of
responsibilities of non-Federal bodies or for Federal liability
for unnecessary or inapplicable project work of such bodies
This section shall not be construed (1) as authorizing the United
States to assume any responsibilities placed upon a non-Federal
body by the conditions of project authorization, or (2) as
committing the United States to reimburse non-Federal interests if
the Federal project is not undertaken or is modified so as to make
the work performed by the non-Federal Public body no longer
applicable.
(f) Allotment limitation for any fiscal year; specific project
reimbursement authorizations
The Secretary of the Army is authorized to allot from any
appropriations hereafter made for civil works, not to exceed
$10,000,000 for any one fiscal year to carry out the provisions of
this section. This limitation does not include specific project
authorizations providing for reimbursement.