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42 U.S.C. § 1962d–5f — Reimbursement to States
Federal law — U.S. Code and appendices · legal_authorities
**(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 $7,000,000 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 theref
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–5f
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Source file: Laws/federal/codes/united-states-code/title-42/section-1962d5f-reimbursement-to-states--fd4b7c19a8.md
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Source location: Title 42, Chapter 19B, § 1962d–5f; chapter-19b-water-resources-planning.md
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**(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 $7,000,000 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426f&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to reimburse non-Federal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable elements which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects or separable elements is approved by the Chief of Engineers as being in accordance with the authorized projects or separable elements: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects or separable elements of higher priority for improvements.
**(b) Agreements**
(1) **Requirement** — After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element.
(2) **Terms** — The agreement shall—
(A) specify the life of the project; and
(B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trust fund** There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by [section 9505 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9505&num=0&edition=prelim), for each fiscal year such sums as may be necessary to pay—
(1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Great Lakes St. Lawrence Seaway Development Corporation for such fiscal year; and
(2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States.
**(b) General fund** There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section.
**(c) Operation and maintenance of harbor projects**
(1) **In general** — To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors.
(2) **Criteria**
(A) *In general* — In determining an equitable allocation of funds under paragraph (1), the Secretary shall—
(i) consider the information obtained in the assessment conducted under subsection (e);
(ii) consider the national and regional significance of harbor operations and maintenance; and
(iii) as appropria
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2238b–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Sediment use**
(A) *Sediment from Federal water resources projects* — For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects, including projects for the beneficial use of dredged materials described in section 1122 of the Water Resources Development Act of 2016 ([33 U.S.C. 2326](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326&num=0&edition=prelim) note),11 See References in Text note below. associated with Federal water resources projects for purposes listed in paragraph (3).
(B) *Sediment from other Federal sources and non-Federal sources* — For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.
(2) **Cooperation** — The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
(3) **Purposes for sediment use in projects** — The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—
(A) to reduce storm damage to property;
(B) to protect, restore, and create aquatic and ecologically related habitats, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2326c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to carry out projects for the beneficial use of dredged material, including projects for the purposes of—
(1) promoting resiliency and reducing the risk to property and infrastructure of flooding and storm damage;
(2) promoting public safety;
(3) protecting, restoring, and creating aquatic ecosystem habitats;
(4) stabilizing stream systems and enhancing shorelines;
(5) promoting recreation;
(6) supporting risk management adaptation strategies;
(7) reducing the costs of dredging and dredged material placement or disposal, such as projects that use dredged material for—
(A) construction or fill material;
(B) civic improvement objectives; and
(C) other innovative uses and placement alternatives that produce public economic or environmental benefits; and
(8) recovering lost storage capacity in reservoirs due to sediment accumulation, if the project also has a purpose described in any of paragraphs (1) through (7).
**(b) Project selection** In carrying out this section, the Secretary shall—
(1) identify and carry out projects for the beneficial use of dredged material;
(2) consult with relevant State agencies in selecting projects; and
(3) select projects solely on the basis of—
(A) the environmental, economic, and social benefits of the projects, including monetary and nonmonetary benefits; and
(B) the need for a diversity of project types and geographical project locations.
**(c) Regional beneficial use teams**
(1) **In general** — The Secretary shall establish regional beneficial use teams to identify and assist in the implementation of projects under this section.
(2) **Composition**
(A) *Leadership* — For each regional beneficial use team established under paragraph (1), the Secretary shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2327a
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