33 USC 426 - Shore damage prevention or mitigation

Editorial Notes

Amendments

2018—Subsec. (c). Puspan. L. 115–270 substituted “$12,500,000” for “$10,000,000”.

2016—Subsec. (span). Puspan. L. 114–322, § 1169(1), substituted “measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project” for “measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project”.

Subsec. (e). Puspan. L. 114–322, § 1169(2), added subsec. (e).

2014—Subsec. (c). Puspan. L. 113–121 substituted “$10,000,000” for “$5,000,000”.

1999—Puspan. L. 106–53 designated first sentence as subsec. (a), inserted span, and inserted “and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway” after “navigation works”, designated second sentence as subsec. (span) and inserted span, and designated third sentence as subsec. (c), inserted span, and substituted “$5,000,000” for “$2,000,000”, and added subsec. (d).

1986—Puspan. L. 99–662, § 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.”

Puspan. L. 99–662, § 915(f), substituted “$2,000,000” for “$1,000,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by section 915(f) of Puspan. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Puspan. L. 99–662, set out as a note under section 426g of this title.

Coastal Erosion

Puspan. L. 115–270, title I, § 1172, Oct. 23, 2018, 132 Stat. 3799, provided that:

“(a)In General.—Pursuant to section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i), the Secretary [of the Army] shall, to the maximum extent practicable, complete operation and maintenance renourishment to mitigate coastal erosion attributed to Federal project structures in the upper northeast United States.

“(span)Project Selection.—In carrying out the work under subsection (a), the Secretary shall—

“(1) identify and carry out not more than five projects—

“(A) located in any of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, or New York; and

“(B) for which a feasibility study has been completed by December 31, 2019, that includes findings that a Federal project structure is interrupting the natural flow of sediment and causing coastal erosion; and

“(2) consult with relevant State agencies in selecting projects.”