2003 U.S. Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY
SUBCHAPTER I - IN GENERAL
Sec. 426h - National shoreline erosion control development and demonstration program

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§426h. National shoreline erosion control development and demonstration program (a) Establishment of erosion control program

The Secretary shall establish and conduct a national shoreline erosion control development and demonstration program for a period of 6 years beginning on the date that funds are made available to carry out this section.

(b) Requirements (1) In general

The erosion control program shall include provisions for—

(A) projects consisting of planning, designing, and constructing prototype engineered and vegetative shoreline erosion control devices and methods during the first 3 years of the erosion control program;

(B) adequate monitoring of the prototypes throughout the duration of the erosion control program;

(C) detailed engineering and environmental reports on the results of each demonstration project carried out under the erosion control program; and

(D) technology transfers to private property owners and State and local entities.

(2) Emphasis

The projects carried out under the erosion control program shall emphasize, to the extent practicable—

(A) the development and demonstration of innovative technologies;

(B) efficient designs to prevent erosion at a shoreline site, taking into account the life-cycle cost of the design, including cleanup, maintenance, and amortization;

(C) natural designs, including the use of vegetation or temporary structures that minimize permanent structural alterations;

(D) the avoidance of negative impacts to adjacent shorefront communities;

(E) in areas with substantial residential or commercial interests adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests;

(F) the potential for long-term protection afforded by the technology; and

(G) recommendations developed from evaluations of the original 1974 program established under the Shoreline Erosion Control Demonstration Act of 1974 (42 U.S.C. 1962d–5 note; 88 Stat. 26), including—

(i) adequate consideration of the subgrade;

(ii) proper filtration;

(iii) durable components;

(iv) adequate connection between units; and

(v) consideration of additional relevant information.

(3) Sites (A) In general

Each project under the erosion control program shall be carried out at a privately owned site with substantial public access, or a publicly owned site, on open coast or on tidal waters.

(B) Selection

The Secretary shall develop criteria for the selection of sites for the projects, including—

(i) a variety of geographical and climatic conditions;

(ii) the size of the population that is dependent on the beaches for recreation, protection of homes, or commercial interests;

(iii) the rate of erosion;

(iv) significant natural resources or habitats and environmentally sensitive areas; and

(v) significant threatened historic structures or landmarks.

(C) Areas

Projects under the erosion control program shall be carried out at not fewer than—

(i) 2 sites on each of the shorelines of the Atlantic and Pacific coasts, including the city of Miami Beach, Florida;

(ii) 2 sites on the shoreline of the Great Lakes; and

(iii) 1 site on the shoreline of the Gulf of Mexico.

(4) Determination of feasibility

Implementation of a project under this section is contingent upon a determination by the Secretary that such project is feasible.

(c) Consultation (1) Parties

The Secretary shall carry out the erosion control program in consultation with—

(A) the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion;

(B) Federal, State, and local agencies;

(C) private organizations;

(D) the Coastal Engineering Research Center established under section 426–1 of this title; and

(E) university research facilities.

(2) Agreements

The consultation described in paragraph (1) may include entering into agreements with other Federal, State, or local agencies or private organizations to carry out functions described in subsection (b)(1) of this section when appropriate.

(d) Report

Not later than 60 days after the conclusion of the erosion control program, the Secretary shall prepare and submit an erosion control program final report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include a comprehensive evaluation of the erosion control program and recommendations regarding the continuation of the erosion control program.

(e) Funding (1) Responsibility

The cost of and responsibility for operation and maintenance (excluding monitoring) of a demonstration project under the erosion control program shall be borne by non-Federal interests on completion of construction of the demonstration project.

(2) Authorization of appropriations

There is authorized to be appropriated ,000,000 to carry out this section.

(Aug. 13, 1946, ch. 960, §5, as added Pub. L. 104–303, title II, §227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L. 106–53, title V, §581, Aug. 17, 1999, 113 Stat. 375.)

References in Text

The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(G), is Pub. L. 93–251, title I, §54, Mar. 7, 1974, 88 Stat. 26, formerly set out as a note under section 1962d–5 of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 426h, acts Aug. 13, 1946, ch. 960, §5, formerly §4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703; renumbered §5, Oct. 12, 1996, Pub. L. 104–303, title II, §227(d)(1), 110 Stat. 3700, defined the word “shores” as used in sections 426e to 426h of this title, prior to repeal by Pub. L. 104–303, title II, §227(e)(1), Oct. 12, 1996, 110 Stat. 3700.

Amendments

1999—Subsec. (b)(3)(C)(i). Pub. L. 106–53 inserted “, including the city of Miami Beach, Florida” after “Pacific coasts”.

Section Referred to in Other Sections

This section is referred to in sections 426e, 426h–1 of this title.