33 U.S.C. § 426c — Report by Coastal Engineering Research

Page 63 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426c Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] 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 transfer of functions of Board to Coastal En- gineering Research Center and 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 reassign- ment 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. § 426–3. Transfer of functions of Beach Erosion Board All functions of the Beach Erosion Board per- taining to review of reports of investigations made concerning erosion of the shores of coastal and lake waters, and the protection of such shores, are hereby transferred to the Board es- tablished by section 541 of this title, referred to as the Board of Engineers for Rivers and Har- bors. (Pub. L. 88–172, § 3, Nov. 7, 1963, 77 Stat. 305.) Statutory Notes and Related Subsidiaries TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPON- SIBILITIES 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. 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 transfer of certain functions of Board to Coastal Engineering Research Center, see section 426–1 of this title. § 426a. Additional investigations concerning ero- sion of shores of coastal and lake waters; payment of costs; ‘‘shores’’ defined In addition to participating in cooperative in- vestigations and studies with agencies of the various States as authorized in section 426 of this title, it shall be the duty of the Chief of En- gineers, through the Coastal Engineering Re- search Center, to make general investigations with a view to preventing erosion of the shores of the United States by waves and currents and determining the most suitable methods for the protection, restoration, and development of beaches; and to publish from time to time such useful data and information concerning the ero- sion and protection of beaches and shore lines as the Center may deem to be of value to the peo- ple of the United States. The cost of the general investigations authorized by sections 426a to 426d of this title shall be borne wholly by the United States. As used in said sections, the word ‘‘shores’’ includes the shore lines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, Lake Champlain, and estuaries and bays directly connected therewith. (July 31, 1945, ch. 334, § 1, 59 Stat. 508; Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.) Editorial Notes CODIFICATION Coastal Engineering Research Center has been sub- stituted for Beach Erosion Board pursuant to Pub. L. 88–172, § 1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal Engineering Research Center, see section 426–1 of this title. § 426b. Applicability of existing laws; projects re- ferred to Board of Engineers for Rivers and Harbors All provisions of existing law relating to ex- aminations and surveys and to works of im- provement of rivers and harbors shall apply, in- sofar as practicable, to examinations and sur- veys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors. (July 31, 1945, ch. 334, § 2, 59 Stat. 508; Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.) Editorial Notes CODIFICATION Provision for the referral of projects having to do with shore protection for consideration and rec- ommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Har- bors by Pub. L. 88–172, § 1. See section 426–3 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPON- SIBILITIES 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. § 426c. Report by Coastal Engineering Research Center The Coastal Engineering Research Center, in making its report on any cooperative investiga- tion and studies under the provisions of section 426 of this title, relating to shore protection work shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) the advisability of adopting the project; (b) what public interest, if any, is involved in the proposed improvement; and (c) what share of the expense, if any, should be borne by the United States. (July 31, 1945, ch. 334, § 3, 59 Stat. 508; Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.) Editorial Notes CODIFICATION Coastal Engineering Research Center has been sub- stituted for Beach Erosion Board pursuant to Pub. L. Page 64 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 426d 1 So in original. Probably should be followed by a comma. 2 See References in Text note below. 88–172, § 1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal Engineering Research Center see section 426–1 of this title. § 426d. Payment of expenses Any expenses incident and necessary in the undertaking of the general investigations au- thorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945, for examinations, surveys, and contingencies for rivers and harbors. (July 31, 1945, ch. 334, § 4, 59 Stat. 508.) § 426e. Federal aid in protection of shores (a) Declaration of policy With the purpose of preventing damage to the shores and beaches of the United States, its Ter- ritories and possessions and promoting and en- couraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordi- nated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal invest- ment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. (b) Federal contribution; maximum amount; ex- ceptions The Federal contribution in the case of any project referred to in subsection (a) shall not ex- ceed one-half of the cost of the project, and the remainder shall be paid by the State, munici- pality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Fed- eral Government, (2) Federal participation in the cost of a project for restoration and protec- tion of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclu- sive of land costs, when such areas: Include a zone which excludes permanent human habi- tation; include but are not limited to rec- reational beaches; satisfy adequate criteria for conservation and development of the natural re- sources of the environment; extend landward a sufficient distance to include, where appro- priate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facili- ties for appropriate public use, all of which shall meet with the approval of the Chief of Engi- neers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary 1 not more than 70 per centum of the total cost exclusive of land costs. (c) Periodic beach nourishment; ‘‘construction’’ defined When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term ‘‘construction’’ may be construed for the purposes of sections 426e to 426h–1 of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project shores for a length of time specified by the Chief of Engineers. (d) Shores other than public Shores other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protec- tion of nearby public property or if the benefits to those shores are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits. (e) Authorization of projects (1) In general No Federal contributions shall be made with respect to a project under sections 426e to 426h–1 of this title unless the plan therefor shall have been specifically adopted and au- thorized by Congress after investigation and study by the Coastal Engineering Research Center under the provisions of section 426 of this title as amended and supplemented, or, in the case of a small project under section 426g or 426h 2 of this title, unless the plan therefor has been approved by the Chief of Engineers. (2) Studies (A) In general The Secretary shall— (i) recommend to Congress studies con- cerning shore protection projects that meet the criteria established under sec- tions 426e to 426h–1 of this title (including subparagraph (B)(iii)) and other applicable law; (ii) conduct such studies as Congress re- quires under applicable laws; and (iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Recommendations for shore protection projects (i) In general The Secretary shall recommend to Con- gress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). (ii) Considerations In making recommendations, the Sec- retary shall consider the economic and ec- ological benefits of the shore protection project.