§ 577. — Small river and harbor improvement projects.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC577]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 577. Small river and harbor improvement projects
(a) Allotment from appropriations for construction
The Secretary of the Army is authorized to allot from any
appropriations hereafter made for rivers and harbors not to exceed
$35,000,000 for any one fiscal year for the construction of small river
and harbor improvement projects not specifically authorized by Congress
which will result in substantial benefits to navigation and which can be
operated consistently with appropriate and economic use of the waters of
the Nation for other purposes, when in the opinion of the Chief of
Engineers such work is advisable, if benefits are in excess of the cost.
(b) Limitation on allotment
Not more than $4,000,000 shall be allotted for the construction of a
project under this section at any single locality and the amount
allotted shall be sufficient to complete the Federal participation in
the project under this section.
(c) Lands, easements, and rights-of-way; indemnification; assurances of
local cooperation
Local interests shall provide without cost to the United States all
necessary lands, easements and rights-of-way for all projects to be
constructed under the authority of this section. In addition, local
interests may be required to hold and save the United States free from
damages that may result from the construction and maintenance of the
project and may be required to provide such additional local cooperation
as the Chief of Engineers deems appropriate. A State, county,
municipality or other responsible local entity shall give assurance
satisfactory to the Chief of Engineers that such conditions of
cooperation as are required will be accomplished.
(d) Sharing of costs by non-Federal interests
Non-Federal interests may be required to share in the cost of the
project to the extent that the Chief of Engineers deems that such cost
should not be borne by the Federal Government in view of the
recreational or otherwise special or local nature of the project
benefits.
(e) Completeness of project
Each project for which money is allotted under this section shall be
complete in itself and not commit the United States to any additional
improvement to insure its successful operation, other than routine
maintenance, and except as may result from the normal procedure applying
to projects authorized after submission of survey reports, and projects
constructed under the authority of this section shall be considered as
authorized projects.
(f) Low water access navigation channels from existing channel of
Mississippi River
This section shall apply to, but not be limited to, the provision of
low water access navigation channels from the existing channel of the
Mississippi River to harbor areas heretofore or now established and
located along the Mississippi River.
(Pub. L. 86-645, title I, Sec. 107, July 14, 1960, 74 Stat. 486; Pub. L.
89-298, title III, Sec. 310(a) Oct. 27, 1965, 79 Stat. 1095; Pub. L. 91-
611, title I, Sec. 112(a), Dec. 31, 1970, 84 Stat. 1821; Pub. L. 94-587,
Sec. 133(a), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 99-662, title IX,
Sec. 915(d), Nov. 17, 1986, 100 Stat. 4191.)
Amendments
1986--Subsec. (a). Pub. L. 99-662 substituted ``$35,000,000'' for
``$25,000,000''.
Subsec. (b). Pub. L. 99-662 substituted ``$4,000,000'' for
``$2,000,000''.
1976--Subsec. (b). Pub. L. 94-587 substituted ``$2,000,000'' for
``$1,000,000''.
1970--Subsec. (a). Pub. L. 91-611 substituted ``$25,000,000'' for
``$10,000,000''.
Subsec. (b). Pub. L. 91-611 substituted ``$1,000,000'' for
``$500,000''.
1965--Subsec. (a). Pub. L. 89-298, Sec. 310(a)(1), substituted
``$10,000,000'' for ``$2,000,000''.
Subsec. (b). Pub. L. 89-298, Sec. 310(a)(2), substituted
``$500,000'' for ``$200,000''.
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.
Effective Date of 1976 Amendment
Section 133(c) of Pub. L. 94-587 provided that: ``The amendments
made by this section [amending this section and section 701s of this
title] shall not apply to any project under contract for construction on
the date of enactment of the Water Resources Development Act of 1976
[Oct. 22, 1976].''
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-611 not applicable to any project under
contract for construction on Dec. 31, 1970, see section 112(c) of Pub.
L. 91-611, set out as a note under section 426g of this title.
Section Referred to in Other Sections
This section is referred to in sections 577b, 2232, 2282, 2290 of
this title.
