§ 426m. — Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426m]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426m. Collection and removal of drift and debris from
publicly maintained commercial boat harbors and adjacent land
and water areas
(a) Congressional findings
The Congress finds that drift and debris on or in publicly
maintained commercial boat harbors and the land and water areas
immediately adjacent thereto threaten navigational safety, public
health, recreation, and the harborfront environment.
(b) Responsibility of Secretary of the Army for development of projects;
project undertakings exempt from specific Congressional approval
(1) The Secretary of the Army, acting through the Chief of
Engineers, shall be responsible for developing projects for the
collection and removal of drift and debris from publicly maintained
commercial boat harbors and from land and water areas immediately
adjacent thereto.
(2) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to undertake projects developed under paragraph
(1) of this subsection without specific congressional approval when the
total Federal cost for the project is less than $400,000.
(c) Federal share of costs; responsibility of non-Federal interests in
future project development to recover cost or repair sources
The Federal share of the cost of any project developed pursuant to
subsection (b) of this section shall be two-thirds of the cost of the
project. The remainder of such costs shall be paid by the State,
municipality, or other political subdivision in which the project is to
be located, except that any costs associated with the collections and
removal of drift and debris from federally owned lands shall be borne by
the Federal Government. Non-Federal interests in future project
development under subsection (b) of this section shall be required to
recover the full cost of drift or debris removal from any identified
owner of piers or other potential sources of drift or debris, or to
repair such sources so that they no longer create a potential source of
drift or debris.
(d) Responsibility for providing lands, easements, and right-of-way
necessary for projects; agreement to maintain projects and hold
United States free from damages; regulation of project area
following project completion; technical advice
Any State, municipality, or other political subdivision where any
project developed pursuant to subsection (b) of this section is located
shall provide all lands, easements, and right-of-way necessary for the
project, including suitable access and disposal areas, and shall agree
to maintain such projects and hold and save the United States free from
any damages which may result from the non-Federal sponsor's performance
of, or failure to perform, any of its required responsibilities of
cooperation for the project. Non-Fededal \1\ interest shall agree to
regulate any project area following project completion so that such area
will not become a future source of drift and debris. The Chief of
Engineers shall provide technical advice to non-Federal interests on the
implementation of this subsection.
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\1\ So in original.
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(e) Definitions
For the purposes of this section--
(1) the term ``drift'' includes any buoyant material that, when
floating in the navigable waters of the United States, may cause
damage to a commercial or recreational vessel; and
(2) the term ``debris'' includes any abandoned or dilapidated
structure or any sunken vessel or other object that can reasonably
be expected to collapse or otherwise enter the navigable waters of
the United States as drift within a reasonable period.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years beginning after September
30, 1986.
(Pub. L. 94-587, Sec. 202, Oct. 22, 1976, 90 Stat. 2945; Pub. L. 99-662,
title XI, Sec. 1129(a), Nov. 17, 1986, 100 Stat. 4246.)
Amendments
1986--Subsec. (f). Pub. L. 99-662 amended subsec. (f) generally,
substituting ``such sums as may be necessary for fiscal years beginning
after Sept. 30, 1986'' for ``not to exceed $4,000,000 per fiscal year
for fiscal years 1978 and 1979''.
