33 U.S.C. § 633 — Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs
submitted 68 years ago by Pub. L. 85-500 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 306 words · no verdicts yet
This section lets the Chief of Engineers contract to protect, alter, rebuild, move, or replace certain government facilities affected by Corps projects. It permits payment of reasonable costs or an estimated lump sum, subject to standards and limits, without changing local-cooperation requirements.
During construction or reconstruction of a navigation, flood-control, or related water-development project directed by the Secretary of the Army, the Chief of Engineers may enter a contract if the Chief determines that a government-owned structure or facility used for a governmental function should be protected, altered, rebuilt, moved, or replaced to meet navigation or flood-control needs, or to preserve its safety or integrity because the project harms or threatens its safety or usefulness. The Chief may do so when the action is in the public interest. The contract may provide either: (1) payment from project construction or maintenance appropriations of the reasonable cost of replacing, moving, or rebuilding the facility to a standard the Chief considers reasonable, but not above the minimum standard of the State or political subdivision for the same type of facility; if the existing facility exceeds that minimum, the replacement may have a comparable standard; or (2) payment of a lump sum equal to the estimated reasonable cost. This section does not change any existing or future local-cooperation requirement and does not establish a policy that local interests will never have to pay costs of modifying such facilities. It applies to projects authorized after July 3, 1958, and projects previously authorized but unfinished on that date. Despite the United States' navigation servitude, it also applies to structures or facilities occupying the beds of navigable United States waters.
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.
Source credit: (Pub. L. 85–500, title I, § 111, July 3, 1958, 72 Stat. 303; Pub. L. 89–298, title III, § 309, Oct. 27, 1965, 79 Stat. 1094.)
- 1958Enacted · Pub. L. 85-500 · 72 Stat. 303
- 1965Amended · Pub. L. 89-298 · 79 Stat. 1094
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-500 on 1958-07-03.
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