33 U.S. Code § 426g - Storm and hurricane restoration and impact minimization program
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(a) Construction of small shore and beach restoration and protection projects
(1) In general
The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with section 426e of this title if the Secretary determines that such construction is advisable.
(2) Local cooperation
The local cooperation requirement of section 426e of this title shall apply to a project under this section.
A project under this subsection—
(B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with—
(i) section 426e of this title; and
(b) National shoreline erosion control development and demonstration program
(1) In general
The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the “demonstration program”).
(A) In general
The demonstration program shall include provisions for—
(i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods;
(iii) detailed engineering and environmental reports on the results of each project carried out under the demonstraton  program; and
(B) Determination of feasibility
A project under the demonstration program shall not be carried out until the Secretary determines that the project is feasible.
A project under the demonstration program shall emphasize, to the maximum extent practicable—
(ii) efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;
(iii) new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects;
(iv) natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline;
(vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests;
(viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Demonstration Act of 1974 (42 U.S.C. 1962–5 note),  including—
(i) In general Each project under the demonstration program may be carried out at—
(ii) Selection The Secretary shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on—
(II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure;
The Secretary shall carry out the demonstration program in consultation with—
(A) the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion;
(D) the Coastal Engineering Research Center established by section 426–1 of this title; and
(4) Completion of demonstration
After carrying out the initial construction and evaluation of the performance and cost of a project under the demonstration program, the Secretary may—
(A) amend, at the request of a non-Federal interest of the project, the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the project under the demonstration program is complete to incorporate the project constructed under the demonstration program as a feature of the shore protection project, with the future cost sharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; or
The Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of another Federal agency under the demonstration program—
(A) to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program;
(B) to share the costs of removing the project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; or
Not later than December 31, 2008, and every 3 years thereafter, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing—
(A) the activities carried out and accomplishments made under the demonstration program since the previous report under this paragraph; and
(c) Authorization of appropriations
(1) In general
Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $30,000,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under this section.
The total amount expended for a project under this section shall—
(A) be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under section 426e of this title), as determined by the Secretary; and
 So in original. Probably should be “demonstration”.
 See References in Text note below.
Source(Aug. 13, 1946, ch. 960, § 3,60 Stat. 1056; July 26, 1947, ch. 343, title II, § 205(a),61 Stat. 501; July 28, 1956, ch. 768, 70 Stat. 703; Pub. L. 87–874, title I, § 103(a)(4),Oct. 23, 1962, 76 Stat. 1178; Pub. L. 89–298, title III, § 310(b),Oct. 27, 1965, 79 Stat. 1095; Pub. L. 91–611, title I, § 112(b),Dec. 31, 1970, 84 Stat. 1821; Pub. L. 99–662, title IX, § 915(e),Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104–303, title II, § 227(e)(2)(C),Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106–53, title II, § 226,Aug. 17, 1999, 113 Stat. 298; Pub. L. 110–114, title II, § 2038(a),Nov. 8, 2007, 121 Stat. 1097.)
References in Text
The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(C)(viii), is Pub. L. 93–251, title I, § 54,Mar. 7, 1974, 88 Stat. 26, formerly set out as a note under section 1962d–5 of Title 42, The Public Health and Welfare.
2007—Pub. L. 110–114amended section generally. Prior to amendment, section related to authorization of small shore and beach restoration and protection projects not specifically authorized by Congress.
1999—Pub. L. 106–53substituted “$3,000,000” for “$2,000,000”.
1996—Pub. L. 104–303substituted “Secretary” for “Secretary of the Army”.
1986—Pub. L. 99–662substituted “$30,000,000” for “$25,000,000” and “$2,000,000” for “$1,000,000”.
1970—Pub. L. 91–611increased 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. 89–298increased 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. 87–874substituted 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
Pub. L. 99–662, title IX, § 915(i),Nov. 17, 1986, 100 Stat. 4191, 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
Pub. L. 91–611, title I, § 112(c),Dec. 31, 1970, 84 Stat. 1821, 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, § 6(g)(6)(A),Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) ofPub. L. 89–670, and repealed section 6 (g)(6)(A).