33 U.S.C. § 426g — Storm and hurricane restoration and im-

Page 67 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426g 1 So in original. Probably should be ‘‘demonstration’’. $1,000,000 in total cost: Provided, That the work which may have been done on the projects or separable elements is approved by the Chief of Engineers as being in accordance with the au- thorized projects or separable elements: Provided further, That such reimbursement shall be sub- ject to appropriations applicable thereto or funds available therefor and shall not take prec- edence over other pending projects or separable elements of higher priority for improvements. (b) Agreements (1) Requirement After authorization of reimbursement by the Secretary under this section, and before com- mencement of construction, of a shore protec- tion project, the Secretary shall enter into a written agreement with the non-Federal inter- est with respect to the project or separable element. (2) Terms The agreement shall— (A) specify the life of the project; and (B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable ele- ment. (Aug. 13, 1946, ch. 960, § 2, 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. 104–303, title II, § 227(c)(1), Oct. 12, 1996, 110 Stat. 3699.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–303 inserted section catchline, des- ignated existing provisions as subsec. (a), inserted heading, substituted ‘‘Secretary’’ for ‘‘Secretary of the Army’’ and ‘‘non-Federal interests’’ for ‘‘local inter- ests’’, inserted ‘‘or separable element of the project’’ after ‘‘project’’, inserted ‘‘or separable elements’’ after ‘‘projects’’ wherever appearing, and added subsec. (b). 1962—Pub. L. 87–874 substituted provisions which au- thorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and pro- vide that such reimbursement shall be subject to appli- cable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress. 1956—Act July 28, 1956, substituted ‘‘or other political subdivision involved’’ for ‘‘or political subdivision’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. 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 Trans- portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to re- flect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A). § 426g. Storm and hurricane restoration and im- pact minimization program (a) Construction of small shore and beach res- toration and protection projects (1) In general The Secretary may carry out a program for the construction of small shore and beach res- toration and protection projects not specifi- cally 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. (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 nourish- ment in accordance with— (i) section 426e of this title; and (ii) the procedure for projects authorized after submission of a survey report. (b) National shoreline erosion control develop- ment and demonstration program (1) In general The Secretary shall conduct under the pro- gram 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, de- sign, construction, and monitoring of pro- totype engineered and native and natural- ized vegetative shoreline erosion control devices and methods; (ii) monitoring of the applicable proto- types; (iii) detailed engineering and environ- mental reports on the results of each project carried out under the demonstraton 1 program; and (iv) technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institu- tions, and nongovernmental organizations. (B) Determination of feasibility A project under the demonstration pro- gram shall not be carried out until the Sec- Page 68 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426g 2 See References in Text note below. retary determines that the project is fea- sible. (C) Emphasis A project under the demonstration pro- gram shall emphasize, to the maximum ex- tent practicable— (i) the development and demonstration of innovative technologies; (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 tem- porary structures that minimize perma- nent structural alterations to the shore- line; (v) the avoidance of negative impacts to adjacent shorefront communities; (vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not im- pair the aesthetic appeal of the interests; (vii) the potential for long-term protec- tion afforded by the technology; and (viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Dem- onstration Act of 1974 (42 U.S.C. 1962–5 note),2 including— (I) adequate consideration of the subgrade; (II) proper filtration; (III) durable components; (IV) adequate connection between units; and (V) consideration of additional rel- evant information. (D) Sites (i) In general Each project under the demonstration program may be carried out at— (I) a privately owned site with substan- tial public access; or (II) a publicly owned site on open coast or in tidal waters. (ii) Selection The Secretary shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on— (I) a variety of geographic and climatic conditions; (II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure; (III) the rate of erosion; (IV) significant natural resources or habitats and environmentally sensitive areas; and (V) significant threatened historic structures or landmarks. (3) Consultation The Secretary shall carry out the dem- onstration program in consultation with— (A) the Secretary of Agriculture, particu- larly with respect to native and naturalized vegetative means of preventing and control- ling shoreline erosion; (B) Federal, State, and local agencies; (C) private organizations; (D) the Coastal Engineering Research Cen- ter established by section 426–1 of this title; and (E) applicable university research facili- ties. (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 com- plete to incorporate the project constructed under the demonstration program as a fea- ture of the shore protection project, with the future cost sharing of the project con- structed under the demonstration program to be determined by the project purposes of the shore protection project; or (B) transfer all interest in and responsi- bility for the completed project constructed under the demonstration program to a non- Federal interest or another Federal agency. (5) Agreements The Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of an- other Federal agency under the demonstration program— (A) to share the costs of construction, op- eration, 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 Sec- retary determines that the project or ele- ment of the project is detrimental to public or private property, public infrastructure, or public safety; or (C) to specify ownership of the completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project. (6) Report 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 Com- mittee on Transportation and Infrastructure of the House of Representatives a report de- scribing— (A) the activities carried out and accom- plishments made under the demonstration program since the previous report under this paragraph; and (B) any recommendations of the Secretary relating to the program. Page 69 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426g (c) Authorization of appropriations (1) In general Subject to paragraph (2), the Secretary may expend, from any appropriations made avail- able to the Secretary for the purpose of car- rying out civil works, not more than $62,500,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protec- tion projects or small projects under this sec- tion. (2) Limitation 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 peri- odic nourishment as provided for under sec- tion 426e of this title), as determined by the Secretary; and (B) be not more than $15,000,000. (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; Pub. L. 114–322, title I, § 1167, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 115–270, title I, § 1157(a), Oct. 23, 2018, 132 Stat. 3793; Pub. L. 118–272, div. A, title I, § 1107(c), Jan. 4, 2025, 138 Stat. 3004.) Editorial Notes 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 Pub- lic Health and Welfare. AMENDMENTS 2025—Subsec. (c)(1). Pub. L. 118–272, § 1107(c)(1), sub- stituted ‘‘$62,500,000’’ for ‘‘$37,500,000’’. Subsec. (c)(2)(B). Pub. L. 118–272, § 1107(c)(2), sub- stituted ‘‘$15,000,000’’ for ‘‘$10,000,000’’. 2018—Subsec. (c)(1). Pub. L. 115–270 substituted ‘‘$37,500,000’’ for ‘‘$30,000,000’’. 2016—Subsec. (c)(2)(B). Pub. L. 114–322 substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. 2007—Pub. L. 110–114 amended 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. 106–53 substituted ‘‘$3,000,000’’ for ‘‘$2,000,000’’. 1996—Pub. L. 104–303 substituted ‘‘Secretary’’ for ‘‘Secretary of the Army’’. 1986—Pub. L. 99–662 substituted ‘‘$30,000,000’’ for ‘‘$25,000,000’’ and ‘‘$2,000,000’’ for ‘‘$1,000,000’’. 1970—Pub. L. 91–611 increased authorized annual al- lotment for Federal share of project construction costs from $10,000,000 to $25,000,000 and the limitation on al- lotment for any single project from $500,000 to $1,000,000. 1965—Pub. L. 89–298 increased authorized annual al- lotment for Federal share of project construction costs from $3,000,000 to $10,000,000 and the limitation on allot- ment for any single project from $400,000 to $500,000. 1962—Pub. L. 87–874 substituted provisions which au- thorize 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 appropria- tions 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 improve- ment except for periodic beach nourishment, and as may result from procedure applying to projects author- ized after submission of survey reports, for provisions which permitted the Chief of Engineers to make ad- vance payments, not exceeding the United States pro rata part of the value of the labor and materials actu- ally put in, and to undertake construction of restora- tion 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’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative 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 Trans- portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to re- flect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A). HURRICANE AND STORM DAMAGE PROTECTION PROGRAM Pub. L. 115–270, title I, § 1112, Oct. 23, 2018, 132 Stat. 3775, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army] is au- thorized to carry out a pilot program to award single contracts for more than one authorized hurricane and storm damage reduction project in a geographical re- gion, including projects across more than one Corps of Engineers district, if the Secretary determines that the contract provides cost savings compared to the award- ing of such work on a project-by-project basis. 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 im- plementation of the plan; and (3) submit to Congress reports and rec- ommendations with respect to appropriate Federal participation in carrying out the plan. (Aug. 13, 1946, ch. 960, § 4, as added Pub. L. 104–303, title II, § 227(d)(2), Oct. 12, 1996, 110 Stat. 3700.) Editorial Notes PRIOR PROVISIONS A prior section 4 of act Aug. 13, 1946, was renumbered section 5 of that act, and was classified to section 426h of this title prior to repeal by Pub. L. 104–303. § 426h. Repealed. Pub. L. 110–114, title II, § 2038(b), Nov. 8, 2007, 121 Stat. 1100 Section, act Aug. 13, 1946, ch. 960, § 5, as added Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L. 106–53, title V, § 581, Aug. 17, 1999, 113 Stat. 375; Pub. L. 109–234, title II, § 2305, June 15, 2006, 120 Stat. 456; Pub. L. 110–161, div. C, title I, § 113, Dec. 26, 2007, 121 Stat. 1944, related to national shoreline ero- sion control development and demonstration program. A prior section 426h, acts Aug. 13, 1946, ch. 960, § 5, for- merly § 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703; renumbered § 5, Oct. 12, 1996, Pub. L. 104–303, title II, § 227(d)(1), 110 Stat. 3700, defined the word ‘‘shores’’ as used in sections 426e to 426h of this title, prior to repeal by Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3700. § 426h–1. Definitions In sections 426e and 426f to 426h–1 of this title, the following definitions apply: (1) Erosion control program The term ‘‘erosion control program’’ means the national shoreline erosion control develop- ment and demonstration program established under this section. (2) Secretary The term ‘‘Secretary’’ means the Secretary of the Army. (3) Separable element The term ‘‘separable element’’ has the meaning provided by section 2213(f) of this title. (4) Shore The term ‘‘shore’’ includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith. (5) Shore protection project The term ‘‘shore protection project’’ in- cludes a project for beach nourishment, in- cluding the replacement of sand. (Aug. 13, 1946, ch. 960, § 6, as added Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.) § 426i. Shore damage prevention or mitigation (a) In general The Secretary of the Army is authorized to in- vestigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage at- tributable to the Atlantic Intracoastal Water- way and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of in- terests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in ac- cordance with regulations prescribed by the Sec- retary. (b) Cost sharing The costs of implementing measures, includ- ing a study, shall be cost-shared in the same proportion as the cost-sharing provisions appli- cable to construction of the project causing the shore damage. (c) Requirement for specific authorization No such project shall be initiated without spe- cific 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 Fed- eral and non-Federal shore protection projects in the same geographic area; and (2) to the extent practicable, combine miti- gation projects with other shore protection projects in the same area into a comprehen- sive 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).