§ 426. — Investigations concerning erosion of shores of coastal and lake waters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 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 cooperation 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 Investigations, Civil Functions, Department of
the Army: Provided, That the Department of the Army may release to the
appropriate cooperating agencies information obtained by these
investigations 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 conduct 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 Engineers, 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 attendance at Board
meetings, not to exceed thirty days per annum, in addition to the
traveling and other necessary expenses connected with their duties on
the Board in accordance with the provisions of section 5703 of title 5.
(July 3, 1930, ch. 847, Sec. 2, 46 Stat. 945; Pub. L. 86-645, title I,
Sec. 103, July 14, 1960, 74 Stat. 484.)
References in Text
The Board, referred to in text, means the Beach Erosion Board, which
was abolished by Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304. See
note set out below.
Codification
``Section 5703 of title 5'' substituted in text for ``section 5 of
the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2)'',
on authority of Pub. L. 89-554, Sec. 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, substituted provisions
requiring the three civilian members of the Board to be civilian
engineers selected by the Chief of Engineers with regard to their
special fitness 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 Department 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 civilian members.
Abolition of Beach Erosion Board
Pub. L. 88-172, Sec. 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, Sec. 706, Nov. 17, 1986, 100 Stat. 4158,
authorized Secretary of the Army, in cooperation with National Oceanic
and Atmospheric Administration, Federal Emergency Management Agency,
International Joint Commission, 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 current situation and long-
term expected increases in levels of the Great Lakes and directed
Secretary, within three years after Nov. 17, 1986, to transmit the
study, together with supporting documentation and recommendations to
Congress.
Study of Rising Oceans
Pub. L. 99-662, title VII, Sec. 731, Nov. 17, 1986, 100 Stat. 4165,
authorized Secretary of the Army, in cooperation with National Oceanic
and Atmospheric Administration, 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 documentation and recommendations to
Congress.
Application of Existing Law to Surveys Relating to Shore Protection
Pub. L. 87-874, Sec. 103(b), Oct. 23, 1962, 76 Stat. 1179, provided
that: ``All provisions of existing law relating to surveys of rivers and
harbors shall apply to surveys relating 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 herewith.''
Section Referred to in Other Sections
This section is referred to in sections 426a, 426c of this title.
