33 U.S.C. § 701r — Untitled legal text

Page 208 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701o tion to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under section 2213 of this title. (4) Ability to pay (A) In general Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected com- munity to pay. (B) Determination The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (C) Effect of reduction Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Fed- eral share for purposes of subparagraphs (A) and (B) of paragraph (3). (Pub. L. 116–260, div. AA, title I, § 119, Dec. 27, 2020, 134 Stat. 2632.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 701o. Omitted Editorial Notes CODIFICATION Section, act June 30, 1948, ch. 771, title II, § 202, 62 Stat. 1175, related to conditions precedent on unauthor- ized projects and modifications. Similar provisions were contained in act July 24, 1946, ch. 596, § 2, 60 Stat. 641. See section 701b–8 of this title. § 701p. Railroad bridge alterations at Federal ex- pense On and after July 24, 1946, for authorized flood protection projects which include alterations of railroad bridges the Chief of Engineers is au- thorized to include at Federal expense the nec- essary alterations of railroad bridges and ap- proaches in connection therewith. (July 24, 1946, ch. 596, § 3, 60 Stat. 642.) § 701q. Repair and protection of highways, rail- roads, and utilities damaged by operation of dams or reservoir Whenever the Chief of Engineers shall find that any highway, railway, or utility has been or is being damaged or destroyed by reason of the operation of any dam or reservoir project under the control of the Department of the Army, he may utilize any funds available for the construction, maintenance, or operation of the project involved for the repair, relocation, res- toration, or protection of such highway, rail- way, or utility: Provided, That this section shall not apply to highways, railways, and utilities previously provided for by the Department of the Army, unless the Chief of Engineers deter- mines that the actual damage has or will exceed that for which provision had previously been made. (July 24, 1946, ch. 596, § 9, 60 Stat. 643; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 701q–1. Repair and restoration of embankments (a) In general At the request of a non-Federal interest, the Secretary shall assess the cause of damage to, or the failure of, an embankment that is adjacent to the shoreline of a reservoir project owned and operated by the Secretary for which such dam- age or failure to the embankment has adversely affected a roadway that the Secretary has relo- cated for construction of the reservoir. (b) Repair and restoration activities If, based on the assessment carried out under subsection (a), the Secretary determines that the cause of the damage to, or the failure of, the embankment is the direct result of the design or operation of the reservoir by the Secretary, the Secretary is authorized to participate in the re- pair or restoration of such embankment. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary $10,000,000 to carry out this section. (Pub. L. 116–260, div. AA, title I, § 147, Dec. 27, 2020, 134 Stat. 2656.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 701r. Protection of highways, bridge ap- proaches, lighthouses, public works, and nonprofit public services The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of En- gineers such work is advisable: Provided, That not more than $15,000,000 shall be allotted for this purpose at any single locality from the ap- Page 209 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 701r–1 propriations for any one fiscal year, and if such amount is not sufficient to cover the costs in- cluded in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount. (July 24, 1946, ch. 596, § 14, 60 Stat. 653; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 93–251, title I, § 27, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99–662, title IX, § 915(c), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104–303, title II, § 219, Oct. 12, 1996, 110 Stat. 3696; Pub. L. 110–114, title II, § 2023, Nov. 8, 2007, 121 Stat. 1078; Pub. L. 113–121, title I, § 1030(i), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270, title I, §§ 1157(h), 1167, Oct. 23, 2018, 132 Stat. 3794, 3798; Pub. L. 117–263, div. H, title LXXXI, § 8138, Dec. 23, 2022, 136 Stat. 3723; Pub. L. 118–272, div. A, title I, § 1107(b), Jan. 4, 2025, 138 Stat. 3004.) Editorial Notes AMENDMENTS 2025—Pub. L. 118–272 substituted ‘‘$50,000,000’’ for ‘‘$25,000,000’’ and ‘‘$15,000,000’’ for ‘‘$10,000,000’’. 2022—Pub. L. 117–263 inserted ‘‘lighthouses (including those lighthouses with historical value),’’ after ‘‘bridge approaches,’’ and substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. 2018—Pub. L. 115–270 substituted ‘‘$25,000,000’’ for ‘‘$20,000,000’’ and inserted ‘‘, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Sec- retary, the non-Federal interest shall be responsible for any such costs that exceed such amount’’ before period at end. 2014—Pub. L. 113–121 substituted ‘‘$20,000,000’’ for ‘‘$15,000,000’’ and ‘‘$5,000,000’’ for ‘‘$1,500,000’’. 2007—Pub. L. 110–114 substituted ‘‘$1,500,000’’ for ‘‘$1,000,000’’. 1996—Pub. L. 104–303 substituted ‘‘$15,000,000’’ for ‘‘$12,500,000’’ and ‘‘$1,000,000’’ for ‘‘$500,000’’. 1986—Pub. L. 99–662 substituted ‘‘$12,500,000’’ for ‘‘$10,000,000’’ and ‘‘$500,000’’ for ‘‘$250,000’’. 1974—Pub. L. 93–251 substituted ‘‘$10,000,000’’ for ‘‘$1,000,000’’, ‘‘$250,000’’ for ‘‘$50,000’’, and ‘‘construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent flood damages to highways, bridge approaches, and pub- lic works, churches, hospitals, schools, and other non- profit public services,’’ for ‘‘construction of emergency bank-protection works to prevent flood damages to highways, bridge approaches, and public works,’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title. § 701r–1. Utilization of public roads (a) Definitions When used in this section— (1) The term ‘‘Agency’’ means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned. (2) The term ‘‘head of the Agency con- cerned’’ means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees. (3) The term ‘‘water resources projects to be constructed in the future’’ includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identi- fiable components thereof are not complete as of the date of this section. (4) The term ‘‘time of the taking’’ is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking. (b) Improvement, reconstruction, and mainte- nance Whenever, in connection with the construc- tion of any authorized flood control, navigation, irrigation, or multiple purpose project for the development of water resources, the head of the Agency concerned determines it to be in the public interest to utilize existing public roads as a means of providing access to such projects during construction, such Agency may improve, reconstruct, and maintain such roads and may contract with the local authority having juris- diction over the roads to accomplish the nec- essary work. The accomplishment of such work of improvement may be carried out with or without obtaining any interest in the land on which the road is located in accordance with mutual agreement between the parties: Provided, (1) That the head of the Agency concerned deter- mines that such work would result in a saving in Federal cost as opposed to the cost of providing a new access road at Federal expense, (2) that, at the completion of construction, the head of the Agency concerned will, if necessary, restore the road to at least as good condition as prior to the beginning of utilization for access during construction, and (3) that, at the completion of construction, the responsibility of the Agency for improvement, reconstruction, and mainte- nance shall cease. (c) Replacement roads; construction to higher standards For water resources projects to be constructed in the future, when the taking by the Federal Government of an existing public road neces- sitates replacement, the substitute provided will, as nearly as practicable, serve in the same manner and reasonably as well as the existing road. The head of the agency concerned is au- thorized to construct such substitute roads to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and pro- jected). In any case where a State or political subdivision thereof requests that such a sub- stitute road be constructed to a higher standard than that provided for in the preceding provi-