CCLME.ORG - HNC Article 2.5 (commencing with HNC 65) Ch. 2 Div.l
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State
California
HNC Sec 65-67.4 Beach Erosion Control (DEPARTMENT OF BOATING AND WATERWAYS)

HARBORS AND NAVIGATION CODE
SECTION 65-67.4





65. The department, either independently or in cooperation with any
person or any county, state, federal, or other agency, to the extent
that funds are available therefor, shall study and report upon
problems of beach erosion and means for the stabilization of beaches
and shoreline areas.



65.1. To the extent that funds are available therefor, the
department shall cooperate with all agencies of government, federal,
state, and local, for the purposes of beach erosion control and
stabilization of beaches and shoreline areas, and shall act in an
advisory capacity on beach erosion control and stabilization of
beaches and shoreline areas when requested by any public agency of
the state or by any agency of the federal government.



65.2. The department shall prepare plans for and construct such
works as its studies and investigations indicate to be necessary for
beach erosion control and stabilization of beaches and shoreline
areas, to the extent that funds are available therefor. In the
preparation of such plans and construction of works therefor the
department may cooperate by contract or otherwise with the Beach
Erosion Board of the United States or with any other federal, state,
county, or municipal agency, or with any or all such agencies, upon
such terms and conditions and in such manner as will be for the best
interests of the state.


65.3. When state funds are made available on a matching basis to be
expended in connection with any federal project for beach erosion
control or stabilization of beaches and shoreline areas, such funds
shall be administered by the department, subject to approval of the
Director of Finance.


65.4. Any plans for construction of beach erosion control works
which may in any way affect recreational beaches under the ownership
or control of the Department of Parks and Recreation shall be subject
to approval by the Department of Parks and Recreation.



65.5. Whenever a beach erosion control project has been authorized
by Congress for federal financial participation in accordance with
Public Law 727, 79th Congress, 2nd Session, as amended by Public Law
826, 84th Congress, 2nd Session, or as it may hereafter be amended,
or any other act of Congress relating to beach erosion control in
which local participation is required, it shall be the policy of the
state to bear one-half the costs of local participation required by
the authorizing federal legislation, including construction costs and
costs of lands, easements, and rights-of-way; provided, any affected
city, county, or other public agency furnishes assurances
satisfactory to the department that it will provide all other local
cooperation required by the authorizing federal legislation, will
hold and save the state free from damages for all time due to the
construction, operation, and maintenance of the project, and will
maintain and operate the project during its useful life, as may be
required to serve its intended purpose, subject to such regulations
as may be prescribed therefor by the department.




65.6. Notwithstanding the provisions of Section 65.5,
appropriations may be made by the state, from time to time by law, to
pay for the costs of sharing in such participation in beach erosion
control projects following state authorization of a specific project,
but such participation shall apply only to costs incurred for the
project as finally authorized by the Congress and the state, and
appropriations for such costs shall not be expended by the state
until after the appropriation of construction funds by the Congress.



65.7. Small beach erosion control projects not specifically
authorized by Congress and undertaken by the United States Corps of
Engineers pursuant to Section 103 of the River and Harbor Act of
1962, Title I of Public Law 87-874, 76 Stat. 1173, and Section 310(b)
of the River and Harbor Act of 1965, Title III of Public Law 89-298,
79 Stat. 1073 (33 U.S.C. 426(f) and 426(g)), are authorized for
state participation pursuant to Section 65.5 without further specific
authorization by the Legislature, at such costs as may be
appropriated by the Legislature upon the recommendation and advice of
the department. Such state participation shall not take precedence
over other pending projects of higher priority.



65.9. Whenever beach erosion control works are included in a small
boat harbor development project, the report of the department
required by Section 65.8 shall be approved by the Director of Finance
prior to submission to the Legislature.




66. The department, with the approval of the Director of Finance,
and on terms satisfactory to the department may advance moneys
appropriated for this purpose in the amount required to meet the
federal share of any project described in Section 65.5 in order to
carry out construction of the project. Reimbursement from the
federal government shall be reimbursed to the fund from which the
advance was made.



66.1. Where the department is the construction agency, the city,
county or other public agency acting in cooperation with the
department in the construction of any federally authorized beach
erosion control project shall transmit funds representing its share
of the costs to the department for deposit in the State Treasury in
advance of commencement of construction work.



67. The San Diego County Beach Erosion Control Project (Imperial
Beach) is authorized for state participation pursuant to Section 65.5
substantially in accordance with the plan set forth in House
Document 399, 84th Congress, and authorized by the River and Harbor
Act of 1958, Title I of Public Law 85-500, 72 Stat. 297. Such state
participation shall be subject to appropriations applicable thereto
or funds available therefor and shall not take precedence over other
pending projects of higher priority.



67.1. The San Diego (Sunset Cliffs), California, Beach Erosion
Control Project is authorized for state participation pursuant to
Section 65.5 substantially in accordance with the plan set forth in
House Document 477, 89th Congress, and authorized by the River and
Harbor Act of 1966, Title I of Public Law 89-789, 80 Stat. 1405.
Such state participation shall be subject to appropriations
applicable thereto or funds available therefor and shall not take
precedence over other pending projects of higher priority.
Notwithstanding the provisions of Section 65.6, state funds
appropriated for this project may be expended prior to the
appropriation of construction funds for such project by the Congress.



67.2. The Orange County, California, Beach Erosion Control Project
is authorized for state participation pursuant to Section 65.5
substantially in accordance with the plan set forth in House Document
602, 87th Congress, and authorized by the River and Harbor Act of
1962, Title I of Public Law 87-874, 76 Stat. 1173. Notwithstanding
the provisions of Section 65.6, state funds appropriated for this
project may be expended prior to the appropriation of construction
funds for said project by the Congress. Such state participation
shall be subject to appropriations applicable thereto or funds
available therefor and shall not take precedence over other pending
projects of higher priority.



67.3. The Los Angeles County (Redondo Beach to Malaga Cove) Beach
Erosion Control Project is authorized for state participation
pursuant to Section 65.5 substantially in accordance with the plans
set forth in House Document 277, 83rd Congress, and authorized by the
River and Harbor Act of 1954, Title I of Public Law 780, 83rd
Congress, Second Session, 68 Stat. 1248. Such state participation
shall be subject to appropriations applicable thereto or funds
available therefor and shall not take precedence over other pending
projects of higher priority.


67.4. The department shall conduct the repair and restoration of
the beach and shoreline located adjacent to the Pacific Ocean and in
the City of Oceanside if the city does all of the following:
(a) Prepares a plan for the repair and restoration which is
approved by the department and the State Coastal Conservancy.
(b) Agrees to commit funds for the repair and restoration equal to
the amount of state funds appropriated for the repair and
restoration.