§ 426i-1. — Construction of shoreline protection projects by nonFederal interests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC426i-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 426i-1. Construction of shoreline protection projects by
non-Federal interests
(a) Authority
Non-Federal interests are authorized to undertake shoreline
protection projects on the coastline of the United States, subject to
obtaining any permits required pursuant to Federal and State laws in
advance of actual construction.
(b) Studies and engineering
(1) By non-Federal interests
A non-Federal interest may prepare, for review and approval by
the Secretary, the necessary studies and engineering for any
construction to be undertaken under subsection (a) of this section.
(2) By Secretary
Upon request of an appropriate non-Federal interest, the
Secretary may undertake all necessary studies and engineering for
any construction to be undertaken under subsection (a) of this
section and provide technical assistance in obtaining all necessary
permits for such construction if the non-Federal interest contracts
with the Secretary to furnish the United States funds for the
studies and engineering during the period that the studies and
engineering will be conducted.
(c) Completion of studies
The Secretary is authorized to complete and transmit to the
appropriate non-Federal interests any study for shoreline protection
which was initiated before October 31, 1992, or, upon the request of
such non-Federal interest, to terminate the study and transmit the
partially completed study to the non-Federal interest for completion.
Studies subject to this subsection shall be completed without regard to
the requirements of subsection (b) of this section.
(d) Authority to carry out improvement
(1) In general
Any non-Federal interest which has received from the Secretary
pursuant to subsection (b) or (c) of this section a favorable
recommendation to carry out a shoreline protection project or
separable element thereof, based on the results of completed studies
and engineering for the project or element, may carry out the
project or element if a final environmental impact statement has
been filed for the project or element.
(2) Permits
Any plan of improvement proposed to be implemented in accordance
with this subsection shall be deemed to satisfy the requirements for
obtaining the appropriate permits required under the Secretary's
authority and such permits shall be granted subject to the non-
Federal interest's acceptance of the terms and conditions of such
permits if the Secretary determines that the applicable regulatory
criteria and procedures have been satisfied.
(3) Monitoring
The Secretary shall monitor any project for which permits are
granted under this subsection in order to ensure that such project
is constructed (and, in those cases where such activities will not
be the responsibility of the Secretary, operated and maintained) in
accordance with the terms and conditions of such permits.
(e) Reimbursement
(1) General rule
Subject to the enactment of appropriation Acts, the Secretary is
authorized to reimburse any non-Federal interest an amount equal to
the estimate of the Federal share, without interest, of the cost of
any authorized shoreline protection project, or separable element
thereof, constructed under this section--
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by such non-
Federal interest and enters into a written agreement with the
non-Federal interest with respect to the project or separable
element (including the terms of cooperation); and
(B) if the Secretary finds, after a review of studies and
engineering prepared pursuant to this section, that construction
of the project or separable element is economically justified
and environmentally acceptable.
(2) Matters to be considered in reviewing plans
In reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary deems appropriate.
(3) Monitoring
The Secretary shall regularly monitor and audit any project for
shore protection constructed under this section by a non-Federal
interest in order to ensure that such construction is in compliance
with the plans approved by the Secretary and that the costs are
reasonable.
(4) Limitation on reimbursements
No reimbursement shall be made under this section unless and
until the Secretary has certified that the work for which
reimbursement is requested has been performed in accordance with
applicable permits or approved plans.
(Pub. L. 102-580, title II, Sec. 206, Oct. 31, 1992, 106 Stat. 4828;
Pub. L. 104-303, title II, Sec. 227(c)(2), Oct. 12, 1996, 110 Stat.
3700.)
Amendments
1996--Subsec. (e)(1)(A). Pub. L. 104-303 inserted before semicolon
``and enters into a written agreement with the non-Federal interest with
respect to the project or separable element (including the terms of
cooperation)''.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 3 of Pub. L.
102-580, set out as a note under section 2201 of this title.
