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(continued)
to areas in which there has been a Federal investment of funds and
areas with respect to which the need for prevention or mitigation
of damage to shores and beaches is attributable to Federal
navigation projects or other Federal activities." for "the
following provisions of sections 426e to 426h of this title to
assist in the construction, but not the maintenance, of works for
the restoration and protection against erosion, by waves and
currents, of the shores of the United States, its Territories and
possessions."
Subsec. (b)(3). Pub. L. 104-303, Sec. 227(e)(2), substituted
"Secretary" for "Secretary of the Army, acting through the Chief of
Engineers," and struck out second period at end.
Subsec. (e). Pub. L. 104-303, Sec. 227(b), (e)(2)(B), inserted
subsec. heading, designated existing provisions as par. (1) and
inserted heading, realigned margin, inserted "or 426h" after "under
section 426g", and added pars. (2) and (3).
1970 - Subsec. (b). Pub. L. 91-611 provided for designation of
existing provisions as cls. (1) and (2) by insertion of "(1)" after
"except that" and substitution of "(2)" for "and, further, that"
and added cl. (3).
1962 - Subsec. (b). Pub. L. 87-874, Sec. 103(a)(1), (2),
increased maximum limit on amount of Federal contributions from
one-third to one-half of project cost, provided that costs for
restoration and protection of Federal property shall be borne fully
by the Federal Government, and that costs for restoration and
protection of State, county and other publicly owned shore parks
and conservation areas may be borne by Federal Government up to not
more than 70 per centum, exclusive of land costs, when such areas
include a zone which excludes permanent human habitation, include
recreational beaches, satisfy criteria for conservation and
development of natural resources, extend landward enough to include
natural features to protect uplands, and provide essentially full
park facilities for public use, all of which meet with approval of
Chief of Engineers.
Subsec. (e). Pub. L. 87-874, Sec. 103(a)(3), required approval of
plans by Chief of Engineers in case of a small project under
section 426g of this title.
1956 - Act July 28, 1956, extended assistance to privately owned
shores, to include shores of Territories and possessions,
substituted "restoration" for "improvement", defined
"construction", and struck out provisions which authorized Federal
aid toward the repair and protection of seawalls constructed by
political subdivisions to protect important public highways.
BEACH RECREATION
Pub. L. 106-541, title II, Sec. 220, Dec. 11, 2000, 114 Stat.
2596, provided that: "Not later than 1 year after the date of
enactment of this Act [Dec. 11, 2000], the Secretary shall develop
and implement procedures to ensure that all of the benefits of a
beach restoration project, including those benefits attributable to
recreation, hurricane and storm damage reduction, and environmental
protection and restoration, are displayed in reports for such
projects."
SHORE MANAGEMENT PROGRAM
Pub. L. 106-53, title II, Sec. 213, Aug. 17, 1999, 113 Stat. 291,
provided that:
"(a) Review. - The Secretary shall review the implementation of
the Corps of Engineers shore management program, with particular
attention to -
"(1) inconsistencies in implementation among the divisions and
districts of the Corps of Engineers; and
"(2) complaints by or potential inequities regarding property
owners in the Savannah District, including an accounting of the
number and disposition of complaints in the Savannah District
during the 5-year period preceding the date of enactment of this
Act [Aug. 17, 1999].
"(b) Report. - As expeditiously as practicable, but not later
than 1 year after the date of enactment of this Act [Aug. 17,
1999], the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report describing the results of the review under subsection (a)."
REPORT ON SHORES OF THE UNITED STATES
Pub. L. 106-53, title II, Sec. 215(c), Aug. 17, 1999, 113 Stat.
293, provided that:
"(1) In general. - Not later than 3 years after the date of
enactment of this Act [Aug. 17, 1999], the Secretary shall report
to Congress on the state of the shores of the United States.
"(2) Contents. - The report shall include -
"(A) a description of -
"(i) the extent of, and economic and environmental effects
caused by, erosion and accretion along the shores of the United
States; and
"(ii) the causes of such erosion and accretion;
"(B) a description of resources committed by Federal, State,
and local governments to restore and renourish shores;
"(C) a description of the systematic movement of sand along the
shores of the United States; and
"(D) recommendations regarding -
"(i) appropriate levels of Federal and non-Federal
participation in shore protection; and
"(ii) use of a systems approach to sand management.
"(3) Use of specific location data. - In developing the report,
the Secretary shall use data from specific locations on the coasts
of the Atlantic Ocean, Pacific Ocean, Great Lakes, and Gulf of
Mexico."
REPORT TO CONGRESS ON SHORELINE PROTECTION PROGRAMS
Pub. L. 101-640, title III, Sec. 309, Nov. 28, 1990, 104 Stat.
4638, provided that: "Not later than 1 year after the date of the
enactment of this Act [Nov. 28, 1990], the Secretary shall transmit
to Congress a report on the advisability of not participating in
the planning, implementation, or maintenance of any beach
stabilization or renourishment project involving Federal funds
unless the State in which the proposed project will be located has
established or committed to establish a beach front management
program that includes -
"(1) restrictions on new development seaward of an erosion
setback line (based on preproject beach size) of at least 30
times the annual erosion rate;
"(2) restrictions on construction of new structural
stabilization projects, such as seawalls and groins, and their
reconstruction if damaged by 50 percent or more;
"(3) provisions for the relocation of structures in
erosion-prone areas;
"(4) provisions to assure public access to beaches stabilized
or renourished with Federal funds after January 1, 1991; and
"(5) such other provisions as the Secretary may prescribe by
regulation to prevent hazardous or environmentally damaging
shoreline development."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426g, 426h-1 of this
title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
33 USC Sec. 426f 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426f. Reimbursements
-STATUTE-
(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-
(Aug. 13, 1946, ch. 960, Sec. 2, 60 Stat. 1056; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768,
70 Stat. 703; Pub. L. 87-874, title I, Sec. 103(a)(4), Oct. 23,
1962, 76 Stat. 1178; Pub. L. 104-303, title II, Sec. 227(c)(1),
Oct. 12, 1996, 110 Stat. 3699.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-303 inserted section catchline, designated
existing provisions as subsec. (a), inserted heading, substituted
"Secretary" for "Secretary of the Army" and "non-Federal interests"
for "local interests", inserted "or separable element of the
project" after "project", inserted "or separable elements" after
"projects" wherever appearing, and added subsec. (b).
1962 - Pub. L. 87-874 substituted provisions which authorize the
Secretary of the Army to reimburse local interests for work done on
authorized projects which individually do not exceed $1,000,000 in
cost, and provide that such reimbursement shall be subject to
applicable appropriations or available funds and not take priority
over pending projects of higher priority, for provisions which
authorized the Chief of Engineers to cause to be paid to the
political subdivision involved the amount authorized by Congress.
1956 - Act July 28, 1956, substituted "or other political
subdivision involved" for "or political subdivision".
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
-TRANS-
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of
this title to extent that they relate generally to location and
clearances of bridges and causeways in navigable waters of United
States transferred to and vested in Secretary of Transportation by
Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which
created Department of Transportation. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section
6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426e, 426h-1 of this
title; title 42 section 1962d-5a.
-End-
-CITE-
33 USC Sec. 426g 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426g. Authorization of small projects not specifically
authorized; expenditures; local cooperation; work to be complete;
exceptions
-STATUTE-
The Secretary is authorized to undertake construction of small
shore and beach restoration and protection projects not
specifically authorized by Congress, which otherwise comply with
section 426e of this title, when he finds that such work is
advisable, and he is further authorized to allot from any
appropriations hereafter made for civil works, not to exceed
$30,000,000 for any one fiscal year for the Federal share of the
costs of construction of such projects: Provided, That not more
than $3,000,000 shall be allotted for this purpose for any single
project and the total amount allotted shall be sufficient to
complete the Federal participation in the project under this
section including periodic nourishment as provided for under
section 426e(c) of this title: Provided further, That the
provisions of local cooperation specified in section 426e of this
title shall apply: And provided further, That the work shall be
complete in itself and shall not commit the United States to any
additional improvement to insure its successful operation, except
for participation in periodic beach nourishment in accordance with
section 426e(c) of this title, and as may result from the normal
procedure applying to projects authorized after submission of
survey reports.
-SOURCE-
(Aug. 13, 1946, ch. 960, Sec. 3, 60 Stat. 1056; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768,
70 Stat. 703; Pub. L. 87-874, title I, Sec. 103(a)(4), Oct. 23,
1962, 76 Stat. 1178; Pub. L. 89-298, title III, Sec. 310(b), Oct.
27, 1965, 79 Stat. 1095; Pub. L. 91-611, title I, Sec. 112(b), Dec.
31, 1970, 84 Stat. 1821; Pub. L. 99-662, title IX, Sec. 915(e),
Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104-303, title II, Sec.
227(e)(2)(C), Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106-53, title
II, Sec. 226, Aug. 17, 1999, 113 Stat. 298.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-53 substituted "$3,000,000" for "$2,000,000".
1996 - Pub. L. 104-303 substituted "Secretary" for "Secretary of
the Army".
1986 - Pub. L. 99-662 substituted "$30,000,000" for "$25,000,000"
and "$2,000,000" for "$1,000,000".
1970 - Pub. L. 91-611 increased authorized annual allotment for
Federal share of project construction costs from $10,000,000 to
$25,000,000 and the limitation on allotment for any single project
from $500,000 to $1,000,000.
1965 - Pub. L. 89-298 increased authorized annual allotment for
Federal share of project construction costs from $3,000,000 to
$10,000,000 and the limitation on allotment for any single project
from $400,000 to $500,000.
1962 - Pub. L. 87-874 substituted provisions which authorize the
Secretary of the Army to undertake small shore and beach projects
not specifically authorized by Congress, which otherwise comply
with section 426e of this title, and to allot from any civil works
appropriations hereafter made, an amount not to exceed $3,000,000
for the Federal share of such projects in any one fiscal year,
provide that no such single project shall be allotted more than
$400,000, including periodic nourishment, that provisions of local
cooperation shall apply, and that the work shall be complete and
not commit the United States to any additional improvement except
for periodic beach nourishment, and as may result from procedure
applying to projects authorized after submission of survey reports,
for provisions which permitted the Chief of Engineers to make
advance payments, not exceeding the United States pro rata part of
the value of the labor and materials actually put in, and to
undertake construction of restoration and protective works under
sections 426e to 426h of this title upon the request of, and
contribution of funds by, the interested political subdivision.
1956 - Act July 28, 1956, substituted "restoration and protective
works under sections 426e to 426h of this title" for "improvement
and protective works".
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
-MISC2-
EFFECTIVE DATE OF 1986 AMENDMENT
Section 915(i) of Pub. L. 99-662 provided that: "The amendments
made by this section [amending this section and sections 426i, 577,
603a, 701g, 701r, and 701s of this title] shall not apply to any
project under contract for construction on the date of enactment of
this Act [Nov. 17, 1986]."
EFFECTIVE DATE OF 1970 AMENDMENT
Section 112(c) of Pub. L. 91-611 provided that: "The amendments
made by this section [amending this section and section 577 of this
title] shall not apply to any project under contract for
construction on the date of enactment of this Act [Dec. 31, 1970]."
-TRANS-
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of
this title to extent that they relate generally to location and
clearances of bridges and causeways in navigable waters of United
States transferred to and vested in Secretary of Transportation by
Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which
created Department of Transportation. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section
6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426e, 426h-1, 2282, 2290
of this title.
-End-
-CITE-
33 USC Sec. 426g-1 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426g-1. State and regional plans
-STATUTE-
The Secretary may -
(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
(2) encourage State participation in the implementation of the
plan; and
(3) submit to Congress reports and recommendations with respect
to appropriate Federal participation in carrying out the plan.
-SOURCE-
(Aug. 13, 1946, ch. 960, Sec. 4, as added Pub. L. 104-303, title
II, Sec. 227(d)(2), Oct. 12, 1996, 110 Stat. 3700.)
-MISC1-
PRIOR PROVISIONS
A prior section 4 of act Aug. 13, 1946, was renumbered section 5
of that act, and was classified to section 426h of this title prior
to repeal by Pub. L. 104-303.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426e, 426h-1 of this
title.
-End-
-CITE-
33 USC Sec. 426h 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426h. National shoreline erosion control development and
demonstration program
-STATUTE-
(a) Establishment of erosion control program
The Secretary shall establish and conduct a national shoreline
erosion control development and demonstration program for a period
of 6 years beginning on the date that funds are made available to
carry out this section.
(b) Requirements
(1) In general
The erosion control program shall include provisions for -
(A) projects consisting of planning, designing, and
constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3 years of
the erosion control program;
(B) adequate monitoring of the prototypes throughout the
duration of the erosion control program;
(C) detailed engineering and environmental reports on the
results of each demonstration project carried out under the
erosion control program; and
(D) technology transfers to private property owners and State
and local entities.
(2) Emphasis
The projects carried out under the erosion control program
shall emphasize, to the extent practicable -
(A) the development and demonstration of innovative
technologies;
(B) efficient designs to prevent erosion at a shoreline site,
taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
(C) natural designs, including the use of vegetation or
temporary structures that minimize permanent structural
alterations;
(D) the avoidance of negative impacts to adjacent shorefront
communities;
(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not impair
the aesthetic appeal of the interests;
(F) the potential for long-term protection afforded by the
technology; and
(G) recommendations developed from evaluations of the
original 1974 program established under the Shoreline Erosion
Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88
Stat. 26), including -
(i) adequate consideration of the subgrade;
(ii) proper filtration;
(iii) durable components;
(iv) adequate connection between units; and
(v) consideration of additional relevant information.
(3) Sites
(A) In general
Each project under the erosion control program shall be
carried out at a privately owned site with substantial public
access, or a publicly owned site, on open coast or on tidal
waters.
(B) Selection
The Secretary shall develop criteria for the selection of
sites for the projects, including -
(i) a variety of geographical and climatic conditions;
(ii) the size of the population that is dependent on the
beaches for recreation, protection of homes, or commercial
interests;
(iii) the rate of erosion;
(iv) significant natural resources or habitats and
environmentally sensitive areas; and
(v) significant threatened historic structures or
landmarks.
(C) Areas
Projects under the erosion control program shall be carried
out at not fewer than -
(i) 2 sites on each of the shorelines of the Atlantic and
Pacific coasts, including the city of Miami Beach, Florida;
(ii) 2 sites on the shoreline of the Great Lakes; and
(iii) 1 site on the shoreline of the Gulf of Mexico.
(4) Determination of feasibility
Implementation of a project under this section is contingent
upon a determination by the Secretary that such project is
feasible.
(c) Consultation
(1) Parties
The Secretary shall carry out the erosion control program in
consultation with -
(A) the Secretary of Agriculture, particularly with respect
to vegetative means of preventing and controlling shoreline
erosion;
(B) Federal, State, and local agencies;
(C) private organizations;
(D) the Coastal Engineering Research Center established under
section 426-1 of this title; and
(E) university research facilities.
(2) Agreements
The consultation described in paragraph (1) may include
entering into agreements with other Federal, State, or local
agencies or private organizations to carry out functions
described in subsection (b)(1) of this section when appropriate.
(d) Report
Not later than 60 days after the conclusion of the erosion
control program, the Secretary shall prepare and submit an erosion
control program final report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The report shall
include a comprehensive evaluation of the erosion control program
and recommendations regarding the continuation of the erosion
control program.
(e) Funding
(1) Responsibility
The cost of and responsibility for operation and maintenance
(excluding monitoring) of a demonstration project under the
erosion control program shall be borne by non-Federal interests
on completion of construction of the demonstration project.
(2) Authorization of appropriations
There is authorized to be appropriated $21,000,000 to carry out
this section.
-SOURCE-
(Aug. 13, 1946, ch. 960, Sec. 5, as added Pub. L. 104-303, title
II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L.
106-53, title V, Sec. 581, Aug. 17, 1999, 113 Stat. 375.)
-REFTEXT-
REFERENCES IN TEXT
The Shoreline Erosion Control Demonstration Act of 1974, referred
to in subsec. (b)(2)(G), is Pub. L. 93-251, title I, Sec. 54, Mar.
7, 1974, 88 Stat. 26, formerly set out as a note under section
1962d-5 of Title 42, The Public Health and Welfare.
-MISC1-
PRIOR PROVISIONS
A prior section 426h, acts Aug. 13, 1946, ch. 960, Sec. 5,
formerly Sec. 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat.
703; renumbered Sec. 5, Oct. 12, 1996, Pub. L. 104-303, title II,
Sec. 227(d)(1), 110 Stat. 3700, defined the word "shores" as used
in sections 426e to 426h of this title, prior to repeal by Pub. L.
104-303, title II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3700.
AMENDMENTS
1999 - Subsec. (b)(3)(C)(i). Pub. L. 106-53 inserted ", including
the city of Miami Beach, Florida" after "Pacific coasts".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426e, 426h-1 of this
title.
-End-
-CITE-
33 USC Sec. 426h-1 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426h-1. Definitions
-STATUTE-
In sections 426e to 426h-1 of this title, the following
definitions apply:
(1) Erosion control program
The term "erosion control program" means the national shoreline
erosion control development and demonstration program established
under this section.
(2) Secretary
The term "Secretary" means the Secretary of the Army.
(3) Separable element
The term "separable element" has the meaning provided by
section 2213(f) of this title.
(4) Shore
The term "shore" includes each shoreline of the Atlantic and
Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes,
estuaries, and bays directly connected therewith.
(5) Shore protection project
The term "shore protection project" includes a project for
beach nourishment, including the replacement of sand.
-SOURCE-
(Aug. 13, 1946, ch. 960, Sec. 6, as added Pub. L. 104-303, title
II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 426e of this title.
-End-
-CITE-
33 USC Sec. 426i 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426i. Shore damage prevention or mitigation
-STATUTE-
(a) In general
The Secretary of the Army is authorized to investigate, study,
plan, and implement structural and nonstructural measures for the
prevention or mitigation of shore damages attributable to Federal
navigation works and shore damage attributable to the Atlantic
Intracoastal Waterway and the Gulf Intracoastal Waterway, if a
non-Federal public body agrees to operate and maintain such
measures, and, in the case of interests in real property acquired
in conjunction with nonstructural measures, to operate and maintain
the property for public purposes in accordance with regulations
prescribed by the Secretary.
(b) Cost sharing
The costs of implementing measures under this section shall be
cost-shared in the same proportion as the cost-sharing provisions
applicable to the project causing the shore damage.
(c) Requirement for specific authorization
No such project shall be initiated without specific authorization
by Congress if the Federal first cost exceeds $5,000,000.
(d) Coordination
The Secretary shall -
(1) coordinate the implementation of the measures under this
section with other Federal and non-Federal shore protection
projects in the same geographic area; and
(2) to the extent practicable, combine mitigation projects with
other shore protection projects in the same area into a
comprehensive regional project.
-SOURCE-
(Pub. L. 90-483, title I, Sec. 111, Aug. 13, 1968, 82 Stat. 735;
Pub. L. 99-662, title IX, Secs. 915(f), 940, Nov. 17, 1986, 100
Stat. 4191, 4199; Pub. L. 106-53, title II, Sec. 214, Aug. 17,
1999, 113 Stat. 291.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-53 designated first sentence as subsec. (a),
inserted heading, and inserted "and shore damage attributable to
the Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway" after "navigation works", designated second sentence as
subsec. (b) and inserted heading, and designated third sentence as
subsec. (c), inserted heading, and substituted "$5,000,000" for
"$2,000,000", and added subsec. (d).
1986 - Pub. L. 99-662, Sec. 940, amended section generally. Prior
to amendment, section read as follows: "The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
investigate, study, and construct projects for the prevention or
mitigation of shore damages attributable to Federal navigation
works. The cost of installing, operating, and maintaining such
projects shall be borne entirely by the United States. No such
project shall be constructed without specific authorization by
Congress if the estimated first cost exceeds $2,000,000."
Pub. L. 99-662, Sec. 915(f), substituted "$2,000,000" for
"$1,000,000".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 915(f) of 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2282, 2290 of this title.
-End-
-CITE-
33 USC Sec. 426i-1 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426i-1. Construction of shoreline protection projects by
non-Federal interests
-STATUTE-
(a) Authority
Non-Federal interests are authorized to undertake shoreline
protection projects on the coastline of the United States, subject
to obtaining any permits required pursuant to Federal and State
laws in advance of actual construction.
(b) Studies and engineering
(1) By non-Federal interests
A non-Federal interest may prepare, for review and approval by
the Secretary, the necessary studies and engineering for any
construction to be undertaken under subsection (a) of this
section.
(2) By Secretary
Upon request of an appropriate non-Federal interest, the
Secretary may undertake all necessary studies and engineering for
any construction to be undertaken under subsection (a) of this
section and provide technical assistance in obtaining all
necessary permits for such construction if the non-Federal
interest contracts with the Secretary to furnish the United
States funds for the studies and engineering during the period
that the studies and engineering will be conducted.
(c) Completion of studies
The Secretary is authorized to complete and transmit to the
appropriate non-Federal interests any study for shoreline
protection which was initiated before October 31, 1992, or, upon
the request of such non-Federal interest, to terminate the study
and transmit the partially completed study to the non-Federal
interest for completion. Studies subject to this subsection shall
be completed without regard to the requirements of subsection (b)
of this section.
(d) Authority to carry out improvement
(1) In general
Any non-Federal interest which has received from the Secretary
pursuant to subsection (b) or (c) of this section a favorable
recommendation to carry out a shoreline protection project or
separable element thereof, based on the results of completed
studies and engineering for the project or element, may carry out
the project or element if a final environmental impact statement
has been filed for the project or element.
(2) Permits
Any plan of improvement proposed to be implemented in
accordance with this subsection shall be deemed to satisfy the
requirements for obtaining the appropriate permits required under
the Secretary's authority and such permits shall be granted
subject to the non-Federal interest's acceptance of the terms and
conditions of such permits if the Secretary determines that the
applicable regulatory criteria and procedures have been
satisfied.
(3) Monitoring
The Secretary shall monitor any project for which permits are
granted under this subsection in order to ensure that such
project is constructed (and, in those cases where such activities
will not be the responsibility of the Secretary, operated and
maintained) in accordance with the terms and conditions of such
permits.
(e) Reimbursement
(1) General rule
Subject to the enactment of appropriation Acts, the Secretary
is authorized to reimburse any non-Federal interest an amount
equal to the estimate of the Federal share, without interest, of
the cost of any authorized shoreline protection project, or
separable element thereof, constructed under this section -
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by such
non-Federal interest and enters into a written agreement with
the non-Federal interest with respect to the project or
separable element (including the terms of cooperation); and
(B) if the Secretary finds, after a review of studies and
engineering prepared pursuant to this section, that
construction of the project or separable element is
economically justified and environmentally acceptable.
(2) Matters to be considered in reviewing plans
In reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary deems appropriate.
(3) Monitoring
The Secretary shall regularly monitor and audit any project for
shore protection constructed under this section by a non-Federal
interest in order to ensure that such construction is in
compliance with the plans approved by the Secretary and that the
costs are reasonable.
(4) Limitation on reimbursements
No reimbursement shall be made under this section unless and
until the Secretary has certified that the work for which
reimbursement is requested has been performed in accordance with
applicable permits or approved plans.
-SOURCE-
(Pub. L. 102-580, title II, Sec. 206, Oct. 31, 1992, 106 Stat.
4828; Pub. L. 104-303, title II, Sec. 227(c)(2), Oct. 12, 1996, 110
Stat. 3700.)
-MISC1-
AMENDMENTS
1996 - Subsec. (e)(1)(A). Pub. L. 104-303 inserted before
semicolon "and enters into a written agreement with the non-Federal
interest with respect to the project or separable element
(including the terms of cooperation)".
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 3 of Pub.
L. 102-580, set out as a note under section 2201 of this title.
-End-
-CITE-
33 USC Sec. 426i-2 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426i-2. National coastal data bank
-STATUTE-
(1) Establishment of data bank
Not later than 2 years after August 17, 1999, the Secretary shall
establish a national coastal data bank containing data on the
geophysical and climatological characteristics of the shores of the
United States.
(2) Content
To the extent practicable, the national coastal data bank shall
include data regarding current and predicted shore positions,
information on federally authorized shore protection projects, and
data on the movement of sand along the shores of the United States,
including impediments to such movement caused by natural and
manmade features.
(3) Access
The national coastal data bank shall be made readily accessible
to the public.
-SOURCE-
(Pub. L. 106-53, title II, Sec. 215(d), Aug. 17, 1999, 113 Stat.
293.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub.
L. 106-53, set out as a note under section 2201 of this title.
-End-
-CITE-
33 USC Sec. 426j 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426j. Placement on State beaches of sand dredged in
constructing and maintaining navigation inlets and channels
adjacent to such beaches
-STATUTE-
The Secretary of the Army, acting through the Chief of Engineers,
is authorized upon request of the State, to place on the beaches of
such State beach-quality sand which has been dredged in
constructing and maintaining navigation inlets and channels
adjacent to such beaches, if the Secretary deems such action to be
in the public interest and upon payment by such State of 35 percent
of the increased cost thereof above the cost required for
alternative methods of disposing of such sand. At the request of
the State, the Secretary may enter into an agreement with a
political subdivision of the State to place sand on the beaches of
the political subdivision of the State under the same terms and
conditions required in the first sentence of this section; except
that the political subdivision shall be responsible for providing
any payments required under such sentence in lieu of the State. In
carrying out this section, the Secretary shall give consideration
to the schedule of the State, or the schedule of the responsible
political subdivision of the requesting State, for providing its
share of funds for placing such sand on the beaches of the State or
the political subdivision and shall, to the maximum extent
practicable, accommodate such schedule.
-SOURCE-
(Pub. L. 94-587, Sec. 145, Oct. 22, 1976, 90 Stat. 2931; Pub. L.
99-662, title IX, Sec. 933, Nov. 17, 1986, 100 Stat. 4197; Pub. L.
100-676, Sec. 35, Nov. 17, 1988, 102 Stat. 4031; Pub. L. 102-580,
title II, Sec. 207, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 106-53,
title II, Sec. 217(a), Aug. 17, 1999, 113 Stat. 294.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-53 substituted "35 percent" for "50 percent"
in first sentence.
1992 - Pub. L. 102-580 substituted last two sentences for former
last sentence which read as follows: "In carrying out this section,
the Secretary shall give consideration to the State's schedule for
providing its share of funds for placing such sand on the beaches
of such State and shall, to the maximum extent practicable,
accommodate such schedule."
1988 - Pub. L. 100-676 inserted at end "In carrying out this
section, the Secretary shall give consideration to the State's
schedule for providing its share of funds for placing such sand on
the beaches of such State and shall, to the maximum extent
practicable, accommodate such schedule."
1986 - Pub. L. 99-662 inserted "by such State of 50 percent".
GREAT LAKES BASIN
Pub. L. 106-53, title II, Sec. 217(b), Aug. 17, 1999, 113 Stat.
294, provided that: "The Secretary shall work with the State of
Ohio, other Great Lakes States, and political subdivisions of the
States to fully implement and maximize beneficial reuse of dredged
material as provided under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j)."
-End-
-CITE-
33 USC Sec. 426k 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426k. Five year demonstration program to temporarily increase
diversion of water from Lake Michigan at Chicago, Illinois
-STATUTE-
(a) Authorization of Secretary of the Army; purpose; amounts of
increase; incremental accomplishment; effects on Illinois
Waterway; responsibilities for development, implementation, and
supervision
In order to alleviate water damage on the shoreline of Lake
Michigan and others of the Great Lakes during periods of abnormally
high water levels in the Great Lakes, and to improve the water
quality of the Illinois Waterway, the Secretary of the Army, acting
through the Chief of Engineers, is authorized to carry out a
five-year demonstration program to temporarily increase the
diversion of water from Lake Michigan at Chicago, Illinois, for the
purpose of testing the practicability of increasing the average
annual diversion from the present limit of three thousand two
hundred cubic feet per second to ten thousand cubic feet per
second. The demonstration program will increase the controllable
diversion by various amounts calculated to raise the average annual
diversion above three thousand two hundred cubic feet per second up
to ten thousand cubic feet per second. The increase in diversion
rate will be accomplished incrementally and will take into
consideration the effects of such increase on the Illinois
Waterway. The program will be developed by the Chief of Engineers
in cooperation with the State of Illinois and the Metropolitan
Sanitary District of Greater Chicago. The program will be
implemented by the State of Illinois and the Metropolitan Sanitary
District of Greater Chicago under the supervision of the Chief of
Engineers.
(b) Establishment of monthly controllable diversion rates; average
annual level of Lake Michigan and total diversion for succeeding
accounting year
During the demonstration program a controllable diversion rate
will be established for each month calculated to establish an
annual average diversion from three thousand two hundred cubic feet
per second to not more than ten thousand cubic feet per second.
When the level of Lake Michigan is below its average level, the
total diversion for the succeeding accounting year shall not exceed
three thousand two hundred cubic feet per second on an annual
basis. The average level of Lake Michigan will be based upon the
average monthly level for the period from 1900 to 1975.
(c) River stages approaching bankfull conditions on Illinois
Waterway or Mississippi River or further increased diversion
adversely affecting St. Lawrence Seaway water levels: limitation
on diversion
When river stages approach or are predicted to approach bankfull
conditions at the established flood warning stations on the
Illinois Waterway or the Mississippi River, or when further
increased diversion of water from Lake Michigan would adversely
affect water levels necessary for navigational requirements of the
Saint Lawrence Seaway in its entirety throughout the Saint Lawrence
River and Great Lakes-Saint Lawrence Seaway, water shall not be
diverted directly from Lake Michigan at the Wilmette, O'Brien, or
Chicago River control structures other than as necessary for
navigational requirements.
(d) Additional study and demonstration program: determination of
effects on Great Lakes levels and Illinois Waterway water quality
and susceptibility to additional flooding and investigation of
other adverse or beneficial impacts; report and recommendations
to Congress
The Chief of Engineers shall conduct a study and a demonstration
program to determine the effects of the increased diversion on the
levels of the Great Lakes, on the water quality of the Illinois
Waterway, and on the susceptibility of the Illinois Waterway to
additional flooding. The study and demonstration program will also
investigate any adverse or beneficial impacts which result from
this section. The Chief of Engineers, at the end of five years
after October 22, 1976, will submit to the Congress the results of
this study and demonstration program including recommendations
whether to continue this authority or to change the criteria stated
in subsection (b) of this section.
(e) "Controllable diversion" defined
For purposes of this section, controllable diversion is defined
as that diversion at Wilmette, O'Brien, and Chicago River control
structures which is not attributable to leakage or which is not
necessary for navigational requirements.
-SOURCE-
(Pub. L. 94-587, Sec. 166, Oct. 22, 1976, 90 Stat. 2934.)
-End-
-CITE-
33 USC Sec. 426l 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
-HEAD-
Sec. 426l. Protection of Lake Ontario
-STATUTE-
(a) Plan for shoreline protection and beach erosion control; report
to Congress
The Secretary of the Army, acting through the Chief of Engineers,
is directed to develop aplan for shoreline protection and beach (continued)