§ 426j. — Placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC426j]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426j. Placement on State beaches of sand dredged in
constructing and maintaining navigation inlets and channels
adjacent to such beaches
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.
(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.)
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).''
