33 U.S.C. § 426h — Repealed. Pub. L. 110–114, title II,

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 Repealed.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).