[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426h]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426h. National shoreline erosion control development and
demonstration program
(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
