
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-5a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 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.

(Pub. L. 90-483, title II, Sec. 215, Aug. 13, 1968, 82 Stat. 747; Pub. 
L. 99-662, title IX, Sec. 913, Nov. 17, 1986, 100 Stat. 4190; Pub. L. 
100-676, Sec. 12, Nov. 17, 1988, 102 Stat. 4025; Pub. L. 104-303, title 
II, Sec. 224(a), Oct. 12, 1996, 110 Stat. 3697.)

                          Codification

    Section was not enacted as part of the Water Resources Planning Act 
which comprises this chapter.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-303, in last sentence, substituted 
``$5,000,000'' for ``$3,000,000'' before ``or 1 percent'' and ``any 
fiscal year.'' for ``any fiscal year..''
    1988--Subsec. (a). Pub. L. 100-676 inserted before period at end 
``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.''
    1986--Subsec. (a). Pub. L. 99-662 substituted ``$3,000,000'' for 
``$1,000,000''.

                  Section Referred to in Other Sections

    This section is referred to in section 1962d-5b of this title; title 
33 section 2214.
