§ 426i. — Shore damage prevention or mitigation.
[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]
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. Shore damage prevention or mitigation
(a) In general
The Secretary of the Army is authorized to investigate, study, plan,
and implement structural and nonstructural measures for the prevention
or mitigation of shore damages attributable to Federal navigation works
and shore damage attributable to the Atlantic Intracoastal Waterway and
the Gulf Intracoastal Waterway, if a non-Federal public body agrees to
operate and maintain such measures, and, in the case of interests in
real property acquired in conjunction with nonstructural measures, to
operate and maintain the property for public purposes in accordance with
regulations prescribed by the Secretary.
(b) Cost sharing
The costs of implementing measures under this section shall be cost-
shared in the same proportion as the cost-sharing provisions applicable
to the project causing the shore damage.
(c) Requirement for specific authorization
No such project shall be initiated without specific authorization by
Congress if the Federal first cost exceeds $5,000,000.
(d) Coordination
The Secretary shall--
(1) coordinate the implementation of the measures under this
section with other Federal and non-Federal shore protection projects
in the same geographic area; and
(2) to the extent practicable, combine mitigation projects with
other shore protection projects in the same area into a
comprehensive regional project.
(Pub. L. 90-483, title I, Sec. 111, Aug. 13, 1968, 82 Stat. 735; Pub. L.
99-662, title IX, Secs. 915(f), 940, Nov. 17, 1986, 100 Stat. 4191,
4199; Pub. L. 106-53, title II, Sec. 214, Aug. 17, 1999, 113 Stat. 291.)
Amendments
1999--Pub. L. 106-53 designated first sentence as subsec. (a),
inserted heading, and inserted ``and shore damage attributable to the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway''
after ``navigation works'', designated second sentence as subsec. (b)
and inserted heading, and designated third sentence as subsec. (c),
inserted heading, and substituted ``$5,000,000'' for ``$2,000,000'', and
added subsec. (d).
1986--Pub. L. 99-662, Sec. 940, amended section generally. Prior to
amendment, section read as follows: ``The Secretary of the Army, acting
through the Chief of Engineers, is authorized to investigate, study, and
construct projects for the prevention or mitigation of shore damages
attributable to Federal navigation works. The cost of installing,
operating, and maintaining such projects shall be borne entirely by the
United States. No such project shall be constructed without specific
authorization by Congress if the estimated first cost exceeds
$2,000,000.''
Pub. L. 99-662, Sec. 915(f), substituted ``$2,000,000'' for
``$1,000,000''.
Effective Date of 1986 Amendment
Amendment by section 915(f) of Pub. L. 99-662 not applicable to any
project under contract for construction on Nov. 17, 1986, see section
915(i) of Pub. L. 99-662, set out as a note under section 426g of this
title.
Section Referred to in Other Sections
This section is referred to in sections 2282, 2290 of this title.
