33 U.S.C. § 426f — Reimbursements

Page 66 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426e–1 inequities regarding property owners in the Savannah District during the 5-year period preceding Aug. 17, 1999, and directed the Secretary to submit to Congress a report of the review by Aug. 17, 1999. REPORT ON SHORES OF THE UNITED STATES Pub. L. 106–53, title II, § 215(c), Aug. 17, 1999, 113 Stat. 293, required the Secretary to report to Congress, not later than 3 years after Aug. 17, 1999, on the state of the shores of the United States and specified the contents of such report and the use of specific location data. REPORT TO CONGRESS ON SHORELINE PROTECTION PROGRAMS Pub. L. 101–640, title III, § 309, Nov. 28, 1990, 104 Stat. 4638, provided that not later than 1 year after Nov. 28, 1990, the Secretary was to transmit to Congress a re- port on the advisability of not participating in the planning, implementation, or maintenance of any beach stabilization or renourishment project involving Federal funds unless the State in which the proposed project would be located had established or committed to establish a beach front management program, which included specified restrictions and other regulatory provisions. § 426e–1. Shore protection projects (a) In general In accordance with the Act of July 3, 1930 (33 U.S.C. 426) of this title, and notwithstanding ad- ministrative actions, it is the policy of the United States to promote beach nourishment for the purposes of flood damage reduction and hur- ricane and storm damage reduction and related research that encourage the protection, restora- tion, and enhancement of sandy beaches, includ- ing beach restoration and periodic beach re- nourishment for a period of 50 years, on a com- prehensive and coordinated basis by the Federal Government, States, localities, and private en- terprises. (b) Preference In carrying out the policy under subsection (a), preference shall be given to— (1) areas in which there has been a Federal investment of funds for the purposes described in subsection (a); and (2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal naviga- tion projects or other Federal activities. (c) Applicability The Secretary shall apply the policy under subsection (a) to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before November 8, 2007). (Pub. L. 110–114, title II, § 2018, Nov. 8, 2007, 121 Stat. 1077.) Editorial Notes REFERENCES IN TEXT The Act of July 3, 1930, referred to in subsec. (a), is act July 3, 1930, ch. 847, 46 Stat. 918. For complete clas- sification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 110–114, set out as a note under section 2201 of this title. § 426e–2. Clarification of munition disposal au- thorities (a) In general The Secretary may, at full Federal expense, implement any response action the Secretary determines to be necessary at a site where— (1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and (2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment. (b) Response action funding A response action described in subsection (a) shall be reimbursed from amounts made avail- able to the agency within the Department of De- fense responsible for the original release of the munitions. (Pub. L. 113–121, title I, § 1027, June 10, 2014, 128 Stat. 1230; Pub. L. 114–322, title I, § 1154, Dec. 16, 2016, 130 Stat. 1663.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–322, § 1154(1), inserted ‘‘, at full Federal expense,’’ after ‘‘The Secretary may’’ in introductory provisions. Subsec. (b). Pub. L. 114–322, § 1154(2), substituted ‘‘re- imbursed’’ for ‘‘funded’’. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 426e–3. Coastal storm damage reduction con- tracts For any project for coastal storm damage re- duction, the Secretary may seek input from a non-Federal interest for a project that may be affected by the timing of the coastal storm dam- age reduction activities under the project, in order to minimize, to the maximum extent prac- ticable, any negative effects resulting from the timing of those activities. (Pub. L. 116–260, div. AA, title I, § 140, Dec. 27, 2020, 134 Stat. 2652.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title. § 426f. Reimbursements (a) In general The Secretary is authorized to reimburse non- Federal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable ele- ments which individually do not exceed 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-