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33 U.S.C. § 426i — Shore damage prevention or mitigation
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_866d8511169520fa5306aea1
Source file: Laws/federal/codes/united-states-code/title-33/section-426i-shore-damage-prevention-or-mitigation--4059c716b7.md
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Source location: Title 33, Chapter 9, § 426i; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
(1) carrying out projects for the inland and intracoastal waterways for purposes of—
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable to navigation improvements; and
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
**(b) Recommendations** In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
**(c) Disposition** The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) [Section 701r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim).
(2) [Section 701s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim).
(3) [Section 426i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim).
(4) [Section 2309a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2309a&num=
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2262
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Watershed assessments**
(1) **In general** — In an area that the President has declared a major disaster in accordance with [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
(2) **Existing projects** — A watershed assessment carried out paragraph 11 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).
(3) **Duplicate watershed assessments** — In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.
**(b) Projects**
(1) **In general** — The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)).
(B) Section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)).
(C) Section 206 of the Wat
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2270
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preparation of reports**
(1) **In general** — In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim).
(2) **Contents of feasibility reports** — A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.
(3) **Applicability** — This subsection shall not apply to—
(A) any study with respect to which a report has been submitted to Congress before November 17, 1986;
(B) any study for a project, which project is authorized for construc
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282c
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than February 1 of each year, the Secretary shall develop 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 an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
(1) **Feasibility reports** — Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2) **Proposed feasibility studies** — Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
(3) **Proposed modifications** — Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
(A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) **Programmatic modifications** — Any programmatic modification for an environmental infrastructure assistance program.
**(b) Requests for proposals**
(1) **Publication** — Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
(2) **Deadline for requests** — The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals de
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282f
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 ([33 U.S.C. 701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701s&num=0&edition=prelim)), section 2 of the Flood Control Act of August 28, 1937 ([33 U.S.C. 701g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701g&num=0&edition=prelim)), section 14 of the Flood Control Act of 1946 ([33 U.S.C. 701r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701r&num=0&edition=prelim)), section 107 of the River and Harbor Act of 1960 ([33 U.S.C. 577](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section577&num=0&edition=prelim)), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 ([33 U.S.C. 426g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426g&num=0&edition=prelim)), and section 111 of the River and Harbor Act of 1968 ([33 U.S.C. 426i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section426i&num=0&edition=prelim)) in the Trust Territory of the Pacific Islands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2292a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Project studies subject to independent peer review**
(1) **In general** — Project studies shall be subject to a peer review by an independent panel of experts as determined under this section.
(2) **Scope** — The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study.
(3) **Project studies subject to peer review**
(A) *Mandatory* — A project study shall be subject to peer review under paragraph (1) if—
(i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);
(ii) the Governor of an affected State requests a peer review by an independent panel of experts; or
(iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).
(B) *Discretionary*
(i) *Agency request* — A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts.
(ii) *Deadline for decision* — A decision of the Chief of Engineers under this subpa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2346
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Federal law — U.S. Code and appendices · legal_authorities
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 400
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Federal law — U.S. Code and appendices · legal_authorities
Page 70
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 426g–1
‘‘(b) PROJECT SELECTION.—In carrying out the pilot
program under subsection (a), the Secretary shall con-
sult with relevant State agencies in selecting projects.
‘‘(c) CRITERIA.—In carrying out the pilot program
under subsection (a), the Secretary shall establish cri-
teria and other considerations that—
‘‘(1) foster Federal, State, and local collaboration;
‘‘(2) evaluate the performance of projects being car-
ried out under a single contract with respect to
whether such projects yield any regional or multi-dis-
trict benefits; and
‘‘(3) include other criteria and considerations that
the Secretary determines to be appropriate.
‘‘(d) REPORT.—Not later than 1 year after the date of
enactment of this Act [Oct. 23, 2018], and annually
thereafter, the Secretary shall submit to the Com-
mittee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that in-
cludes findings and recommendations of the Secretary
with respect to the projects completed under the pilot
program carried out under subsection (a).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is au-
thorized to be appropriated to carry out this section
$75,000,000.
‘‘(f) TERMINATION.—The authority of the Secretary to
enter into contracts pursuant to the pilot program car-
ried out under subsection (a) shall expire on the date
that is 10 years after the date of enactment of this
Act.’’
§ 426g–1. State and regional plans
The Secretary may—
(1) cooperate with any State in the prepara-
tion of a comprehensive State or regional plan
for the conservation of coastal resources lo-
cated within the boundaries of the State;
(2) encourage State participation in the
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 426i
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.