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33 U.S.C. § 400 — Continuing authority programs

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 400 — Continuing authority programs

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Stable record: federal_law:legal_authorities:record_usc_0d47ad36e46523c30af13036
Source file: Laws/federal/codes/united-states-code/title-33/section-400-continuing-authority-programs--331becd94a.md
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Source location: Title 33, Chapter 9, § 400; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md

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(1) **Definition of continuing authority program project** — In this section, the term “continuing authority program” means 1 of the following authorities: (A) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim). (B) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim). (C) [Section 2330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2330&num=0&edition=prelim). (D) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=0&edition=prelim). (E) [Section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim). (F) [Section 426g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim). (G) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim). (H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178). (I) [Section 2326(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2326/e&num=0&edition=prelim). (J) [Section 701b–8a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701b-8a&num=0&edition=prelim). (K) [Section 610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section610/a&num=0&edition=prelim). (2) **Prioritization** — Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects. (3) **Annual report** — Not later than 1 year after June 10, 2014, and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include— (A) the name and a short description of each active continuing authority program project; (B) the cost estimate to complete each active project; and (C) the funding available in that fiscal year for each continuing authority program. (4) **Congressional notification** — On publication in the Federal Register under paragraphs (2) and (3), the Secretary shall 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 copy of all information published under those paragraphs.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 701r — Protection of highways, bridge approaches, lighthouses, public works, and nonprofit public services

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $50,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, lighthouses (including those lighthouses with historical value), and public works, churches, hospitals, schools, and other nonprofit public services, when in the opinion of the Chief of Engineers such work is advisable: Provided, That not more than $15,000,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year, and if such amount is not sufficient to cover the costs included in the Federal cost share for a project, as determined by the Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701r

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 426g — Storm and hurricane restoration and impact minimization program

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) if the Secretary determines that such construction is advisable. (2) **Local cooperation** — The local cooperation requirement of [section 426e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim) shall apply to a project under this section. (3) **Completeness** — A project under this subsection— (A) shall be complete; and (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426e&num=0&edition=prelim); and (ii) the procedure for projects authorized after submission of a survey report. **(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”). (2) **Requirements** (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 vegetat

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426g

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 426 — Investigations concerning erosion of shores of coastal and lake waters

The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the C

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2309a — Control of ice

**(a) Program authority** The Secretary shall undertake a program of research for the control of ice, and to assist communities in breaking up ice, which otherwise is likely to cause or aggravate flood damage or severe streambank erosion. **(b) Assistance to units of local government** The Secretary is further authorized to provide technical assistance to units of local government to implement local plans to control or break up such ice. As part of such authority, the Secretary shall acquire necessary ice-control or ice-breaking equipment, which shall be loaned to units of local government together with operating assistance, where appropriate. **(c) Authorization of appropriations** There is authorized to be appropriated $5,000,000 per fiscal year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for purposes of carrying out subsections (a) and (b) of this section, such sums to remain available until expended. **(d) Hardwick, Vermont, demonstration program** To implement further the purposes of this section, the Secretary, in consultation and cooperation with local officials, is authorized and directed to undertake a demonstration program for the control of ice at Hardwick, Vermont. The work authorized by this subsection shall be designed to minimize the danger of flooding due to ice problems in the vicinity of such community. In the design, construction, and location of ice-control structures for this project, full consideration will be given to the recreational, scenic, and environmental values of the reach of river affected by the project, in order to minimize project impacts on these values. Full opportunity shall be given to interested environmental and recreational organizations to participate in such planning. There is authorized to be appropriated

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2309a

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 426e — Federal aid in protection of shores

**(a) Declaration of policy** With the purpose of preventing damage to the shores and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. **(b) Federal contribution; maximum amount; exceptions** The Federal contribution in the case of any project referred to in subsection (a) shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satis

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426e

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 426i — Shore damage prevention or mitigation

**(a) In general** The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary. **(b) Cost sharing** The costs of implementing measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project causing the shore damage. **(c) Requirement for specific authorization** No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $15,000,000. **(d) Coordination** The Secretary shall— (1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and (2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project. **(e) Reimbursement for feasibility studies** Beginning on December 16, 2016, in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 426i

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 701s — Small flood control projects; appropriations; amount limitation for single locality; conditions

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed $90,000,000 for any one fiscal year, for the implementation of small structural and nonstructural projects, and projects that use natural features or nature-based features (as those terms are defined in [section 2289a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a/a&num=0&edition=prelim)), for flood control and related purposes not specifically authorized by Congress, which come within the provisions of [section 701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701a&num=0&edition=prelim), when in the opinion of the Chief of Engineers such work is advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $15,000,000 shall be allotted under this section for a project at any single locality. The provisions of local cooperation specified in [section 701c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701c&num=0&edition=prelim) shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701s

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 577 — Small river and harbor improvement projects

**(a) Allotment from appropriations for construction** The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $62,500,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost. **(b) Limitation on allotment** Not more than $15,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. **(c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation** Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished. **(d) Sharing of costs by non-Federal interests** Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineer

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 577

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2330 — Challenge cost-sharing program for management of recreation facilities

**(a) In general** The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction. **(b) Cooperative agreements** (1) **In general** — To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public entities and private nonprofit entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense. (2) **Requirements** — Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability— (A) to carry out the terms of the agreement; and (B) to pay damages, if necessary, in the event of a failure to perform. **(c) User fees** (1) **Collection of fees** (A) *In general* — The Secretary may allow a non-Federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by the non-Federal public entity or private nonprofit entity or the Department of the Army. (B) *Use of visitor reservation services* (i) *In general* — A non-Federal public entity or a private nonprofit entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and con

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2330

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