§ 426e. — Federal aid in protection of shores.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC426e]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426e. Federal aid in protection of shores
(a) Declaration of policy
With the purpose of preventing damage to the shores and beaches of
the United States, its Territories and possessions and promoting and
encouraging the healthful recreation of the people, it is declared to be
the policy of the United States, subject to sections 426e to 426h-1 of
this title, to promote shore protection projects and related research
that encourage the protection, restoration, and enhancement of sandy
beaches, including beach restoration and periodic beach nourishment, on
a comprehensive and coordinated basis by the Federal Government, States,
localities, and private enterprises. In carrying out this policy,
preference shall be given 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.
(b) Federal contribution; maximum amount; exceptions
The Federal contribution in the case of any project referred to in
subsection (a) of this section shall not exceed one-half of the cost of
the project, and the remainder shall be paid by the State, municipality,
or other political subdivision in which the project is located, except
that (1) the costs allocated to the restoration and protection of
Federal property shall be borne fully by the Federal Government, (2)
Federal participation in the cost of a project for restoration and
protection of State, county, and other publicly owned shore parks and
conservation areas may be, in the discretion of the Chief of Engineers,
not more than 70 per centum of the total cost exclusive of land costs,
when such areas: Include a zone which excludes permanent human
habitation; include but are not limited to recreational beaches; satisfy
adequate criteria for conservation and development of the natural
resources of the environment; extend landward a sufficient distance to
include, where appropriate, protective dunes, bluffs, or other natural
features which serve to protect the uplands from damage; and provide
essentially full park facilities for appropriate public use, all of
which shall meet with the approval of the Chief of Engineers, and (3)
Federal participation in the cost of a project providing hurricane
protection may be, in the discretion of the Secretary \1\ not more than
70 per centum of the total cost exclusive of land costs.
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\1\ So in original. Probably should be followed by a comma.
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(c) Periodic beach nourishment; ``construction'' defined
When in the opinion of the Chief of Engineers the most suitable and
economical remedial measures would be provided by periodic beach
nourishment, the term ``construction'' may be construed for the purposes
of sections 426e to 426h-1 of this title to include the deposit of sand
fill at suitable intervals of time to furnish sand supply to project
shores for a length of time specified by the Chief of Engineers.
(d) Shores other than public
Shores other than public will be eligible for Federal assistance if
there is benefit such as that arising from public use or from the
protection of nearby public property or if the benefits to those shores
are incidental to the project, and the Federal contribution to the
project shall be adjusted in accordance with the degree of such
benefits.
(e) Authorization of projects
(1) In general
No Federal contributions shall be made with respect to a project
under sections 426e to 426h-1 of this title unless the plan therefor
shall have been specifically adopted and authorized by Congress
after investigation and study by the Coastal Engineering Research
Center under the provisions of section 426 of this title as amended
and supplemented, or, in the case of a small project under section
426g or 426h of this title, unless the plan therefor has been
approved by the Chief of Engineers.
(2) Studies
(A) In general
The Secretary shall--
(i) recommend to Congress studies concerning shore
protection projects that meet the criteria established under
sections 426e to 426h-1 of this title (including
subparagraph (B)(iii)) and other applicable law;
(ii) conduct such studies as Congress requires under
applicable laws; and
(iii) report the results of the studies to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(B) Recommendations for shore protection projects
(i) In general
The Secretary shall recommend to Congress the
authorization or reauthorization of shore protection
projects based on the studies conducted under subparagraph
(A).
(ii) Considerations
In making recommendations, the Secretary shall consider
the economic and ecological benefits of the shore protection
project.
(C) Coordination of projects
In conducting studies and making recommendations for a shore
protection project under this paragraph, the Secretary shall--
(i) determine whether there is any other project being
carried out by the Secretary or the head of another Federal
agency that may be complementary to the shore protection
project; and
(ii) if there is such a complementary project, describe
the efforts that will be made to coordinate the projects.
(3) Shore protection projects
(A) In general
The Secretary shall construct, or cause to be constructed,
any shore protection project authorized by Congress, or
separable element of such a project, for which funds have been
appropriated by Congress.
(B) Agreements
(i) Requirement
After authorization by Congress, and before commencement
of construction, of a shore protection project or separable
element, the Secretary shall enter into a written agreement
with a non-Federal interest with respect to the project or
separable element.
(ii) Terms
The agreement shall--
(I) specify the life of the project; and
(II) ensure that the Federal Government and the non-
Federal interest will cooperate in carrying out the
project or separable element.
(C) Coordination of projects
In constructing a shore protection project or separable
element under this paragraph, the Secretary shall, to the extent
practicable, coordinate the project or element with any
complementary project identified under paragraph (2)(C).
(Aug. 13, 1946, ch. 960, Sec. 1, 60 Stat. 1056; July 28, 1956, ch. 768,
70 Stat. 702; Pub. L. 87-874, title I, Sec. 103(a)(1)-(3), Oct. 23,
1962, 76 Stat. 1178; Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304;
Pub. L. 91-611, title II, Sec. 208, Dec. 31, 1970, 84 Stat. 1829; Pub.
L. 104-303, title II, Sec. 227(a), (b), (e)(2)(A), (B), Oct. 12, 1996,
110 Stat. 3698, 3703.)
Codification
Coastal Engineering Research Center, referred to in subsec. (e), has
been substituted for Beach Erosion Board pursuant to Pub. L. 88-172,
Sec. 1, providing in part for the abolition of the Beach Erosion Board
and for transfer of functions of the Beach Erosion Board to the Coastal
Engineering Research Center. See section 426-1 of this title.
Amendments
1996--Subsec. (a). Pub. L. 104-303, Sec. 227(a), inserted ``and
beaches'' after ``damage to the shores'' and substituted ``sections 426e
to 426h-1 of this title, to promote shore protection projects and
related research that encourage the protection, restoration, and
enhancement of sandy beaches, including beach restoration and periodic
beach nourishment, on a comprehensive and coordinated basis by the
Federal Government, States, localities, and private enterprises. In
carrying out this policy, preference shall be given 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.''
Section Referred to in Other Sections
This section is referred to in sections 426g, 426h-1 of this title.
