§ 426g. — Authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC426g]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426g. Authorization of small projects not specifically
authorized; expenditures; local cooperation; work to be
complete; exceptions
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.
(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.)
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 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.
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].''
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).
Section Referred to in Other Sections
This section is referred to in sections 426e, 426h-1, 2282, 2290 of
this title.
