§ 426p. — Corps of Engineers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426p]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426p. Corps of Engineers
(a) Technical and other assistance
The Secretary of the Army may--
(1) provide emergency assistance to prevent or reduce damage
attributable to high water levels in the Great Lakes, including
provision of sandbags, sheeting, and stones and other armoring
devices (taking account of flooding and erosion of other property
which may be caused by such activity) but not including construction
of permanent structures;
(2) provide technical assistance to individuals and local
governments with respect to measures to prevent or reduce such
damage; and
(3) compile and disseminate information on--
(A) water levels of the Great Lakes,
(B) techniques for prevention or reduction of such damage,
and
(C) emergency relief available to persons who suffer
economic injury attributable to high water levels in the Great
Lakes.
(b) Issuance of permits
(1) Consideration of flooding and erosion
In issuing a permit under--
(A) section 403 of this title; or
(B) section 1344 of this title;
for any activity carried out with assistance under this title, the
Secretary of the Army shall take account of flooding and erosion of
other property which may be caused by such activity.
(2) Bank stabilization
(A) General rule
In issuing permits under sections 403 and 1344 of this title
for a project involving dredging of any portion of the Great
Lakes, the Secretary of the Army shall, if feasible, encourage
for bank stabilization purposes the disposal of nonhazardous
compatible sand from such project on shorelines affected by
erosion.
(B) Consultation
In carrying out subparagraph (A), the Secretary of the Army
shall consult affected State and local governments.
(Pub. L. 100-707, title II, Sec. 203, Nov. 23, 1988, 102 Stat. 4712.)
References in Text
This title, referred to in subsec. (b)(1), is title II of Pub. L.
100-707, Nov. 23, 1988, 102 Stat. 4711, known as the ``Great Lakes
Planning Assistance Act of 1988''. For complete classification of this
Act to the Code, see Short Title note below and Tables.
Short Title
Section 201 of title II of Pub. L. 100-707 provided that: ``This
title [enacting this section, amending sections 3501 to 3503 of Title
16, Conservation, and enacting provisions set out as notes under this
section and sections 3501 and 3505 of Title 16] may be cited as the
`Great Lakes Planning Assistance Act of 1988'.''
Great Lakes Damage Assistance and Prevention; Damage Assistance Program
Section 202 of Pub. L. 100-707 provided that:
``(a) In General.--The Director is authorized to provide assistance
to Great Lakes States in the establishment of State programs to reduce
and prevent damage attributable to high water levels in the Great Lakes.
``(b) Grants.--Upon application by a Great Lakes State within 1 year
after the date of enactment of this Act [Nov. 23, 1988], the Director
may make a one-time grant to the State of not more than $250,000 for use
by the State for--
``(1) preparation of plans for mitigation, warning, emergency
operations, and emergency assistance;
``(2) coordination of available State and Federal assistance;
``(3) development and implementation of nonstructural measures
to reduce or prevent damage attributable to high water levels in the
Great Lakes, including establishment of setback requirements and
other conditions on construction and reconstruction of public and
private facilities, mapping of flooding zones, and technical
assistance; and
``(4) assisting local governments in developing and implementing
plans for nonstructural reduction and prevention of damages
attributable to high water levels in the Great Lakes.
``(c) Technical Assistance.--The Director may provide technical
assistance to Great Lakes States for carrying out any activity carried
out with assistance under this section.
``(d) State Matching.--A State which receives a grant under this
section shall match the grant with an amount of funds from non-Federal
sources equal to 25 percent of the amount of the grant.
``(e) Authorization.--There are authorized to be appropriated for
making grants under this section not more than $2,000,000 for fiscal
years beginning after September 30, 1988.''
Great Lakes Damage Assistance and Prevention; Definitions
Section 205 of Pub. L. 100-707 provided that: ``For purposes of this
title [see Short Title note above]--
``(1) Director.--The term `Director' means the Director of the
Federal Emergency Management Agency.
``(2) High water levels.--The term `high water levels' means
water levels above the long-term average of water levels from 1900.
``(3) Local government.--The term `local government' means a
county, city, village, town, district, or other political
subdivision of a Great Lakes State and an Indian tribe or authorized
tribal organization.
``(4) Great lakes state.--The term `Great Lakes State' means
Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana,
Pennsylvania, and New York.''
