33 U.S.C. § 426 — Investigations concerning erosion of shores

Page 61 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426 head lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913, and entitled ‘‘Newport Bay, Cali- fornia’’, showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as shall be prescribed from time to time by the Secretary of the Army. (July 27, 1916, ch. 260, § 3, 39 Stat. 411; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section is from act July 27, 1916, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1916’’. 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 L. 89–670, and repealed section 6(g)(6)(A). § 424a. Modification of harbor lines in Newport Harbor, California The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pur- suance of section 424 of this title: Provided, That in his opinion such modification will not injuri- ously affect the interests of navigation. (Mar. 3, 1925, ch. 467, § 10, 43 Stat. 1197; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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). § 425. Omitted Editorial Notes CODIFICATION Section, act June 7, 1924, ch. 316, § 9, 43 Stat. 606, di- rected Secretary of War to investigate depositing of polluting substances into navigable streams and report the results to Congress not later than two years from June 7, 1924. Subsequent to editorial omission of this section as obsolete, Pub. L. 89–753, title II, § 211(a), Nov. 3, 1966, 80 Stat. 1252–1254, amended act June 7, 1924, gen- erally, after which such Act consisted only of sections 1 to 7, resulting in the statutory omission of section 9. § 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 co- operation 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 Inves- tigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooper- ating agencies information obtained by these in- vestigations 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 con- duct 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 Chief of En- gineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of at- tendance at Board meetings, not to exceed thir- ty days per annum, in addition to the traveling and other necessary expenses connected with Page 62 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426–1 their duties on the Board in accordance with the provisions of section 5703 of title 5. (July 3, 1930, ch. 847, § 2, 46 Stat. 945; Pub. L. 86–645, title I, § 103, July 14, 1960, 74 Stat. 484.) Editorial Notes REFERENCES IN TEXT The Board, referred to in text, means the Beach Ero- sion Board, which was abolished by Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304. See note set out below. CODIFICATION ‘‘Section 5703 of title 5’’ substituted in text for ‘‘sec- tion 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1960—Pub. L. 86–645, among other changes, sub- stituted provisions requiring the three civilian mem- bers of the Board to be civilian engineers selected by the Chief of Engineers with regard to their special fit- ness in the field of beach erosion and shore protection for provisions which required the civilian members to be selected with regard to their special fitness from among the State agencies cooperating with the Depart- ment of the Army, and provisions authorizing payment of civilian members at rates not to exceed $100 a day, for not more than 30 days per annum, for provisions which required the States to pay the salaries of the ci- vilian members. Statutory Notes and Related Subsidiaries ABOLITION OF BEACH EROSION BOARD Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part: ‘‘That the Board established by section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), referred to as the Beach Erosion Board, is hereby abolished.’’ For the transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see sections 426–1 and 426–3 of this title. For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title. GREAT LAKES LEVELS STUDY Pub. L. 99–662, title VII, § 706, Nov. 17, 1986, 100 Stat. 4158, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administra- tion, Federal Emergency Management Agency, Inter- national Joint Commission, and other appropriate Fed- eral, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Sec- retary, in view of the current situation and long-term expected increases in levels of the Great Lakes and di- rected Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting docu- mentation and recommendations to Congress. STUDY OF RISING OCEANS Pub. L. 99–662, title VII, § 731, Nov. 17, 1986, 100 Stat. 4165, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administra- tion, Federal Emergency Management Agency, and other appropriate Federal, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the prospect for long-term increases in levels of the ocean and directed Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting docu- mentation and recommendations to Congress. APPLICATION OF EXISTING LAW TO SURVEYS RELATING TO SHORE PROTECTION Pub. L. 87–874, § 103(b), Oct. 23, 1962, 76 Stat. 1179, pro- vided that: ‘‘All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys re- lating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent here- with.’’ § 426–1. Coastal Engineering Research Center; es- tablishment; powers and functions There shall be established under the Chief of Engineers, United States Army, a Coastal Engi- neering Research Center which, except as here- inafter provided in section 426–3 of this title, shall be vested with all the functions of the Beach Erosion Board, including the authority to make general investigations as provided in sec- tion 426a of this title, and such additional func- tions as the Chief of Engineers may assign. (Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.) Editorial Notes CODIFICATION Section was enacted as part of section 1 of Pub. L. 88–172. The remainder of said section 1, abolishing the Beach Erosion Board, is classified as a note under sec- tion 426 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88–172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For the transfer of certain functions of said Board to Board of Engineers for Rivers and Harbors, see sec- tion 426–3 of this title. For termination of Board of En- gineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title. § 426–2. Board on Coastal Engineering Research The functions of the Coastal Engineering Re- search Center established by section 426–1 of this title, shall be conducted with the guidance and advice of a Board on Coastal Engineering Re- search, constituted by the Chief of Engineers in the same manner as the present Beach Erosion Board. (Pub. L. 88–172, § 2, Nov. 7, 1963, 77 Stat. 305.) Statutory Notes and Related Subsidiaries COMPENSATION OF BOARD Pub. L. 91–611, title I, § 105, Dec. 31, 1970, 84 Stat. 1819, provided that: ‘‘The civilian members of the Board on Coastal Engineering Research authorized by the Act of November 7, 1963 (33 U.S.C. 426–2) may be paid at rates not to exceed the daily equivalent of the rate for GS–18 for each day of attendance at Board meetings, not to exceed thirty days per year, in addition to the trav- eling and other necessary expenses connected with their duties on the Board in accordance with the provi- sions of 5 U.S.C. 5703(b), (d), and 5707.’’ [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General