2018 US Code
Title 42 - The Public Health and Welfare
Chapter 19B - Water Resources Planning
Subchapter IV - Miscellaneous Provisions
Sec. 1962d-5f - Beach nourishment

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Citation 42 U.S.C. § 1962d-5f (2018)
Section Name §1962d–5f. Beach nourishment
Section Text (a) In general

The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project where such nourishment has been authorized for a limited period for such additional period as he determines necessary but in no event shall such additional period extend beyond the fiftieth year which begins after the date of initiation of construction of such project.

(b) Review (1) In general

Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 15 additional years beyond the maximum period described in subsection (a).

(2) Timing

The 15 additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment.

(c) Plan for reducing risk to people and property (1) In general

As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project.

(2) Inclusion of plan in recommendation to Congress

The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d).

(d) Report to Congress

Upon completion of the review described in subsection (b), the Secretary shall—

(1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and

(2) include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization.

(e) Special rule

Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 10-year period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 6 years after the expiration of such period.

Source Credit

(Pub. L. 94–587, §156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99–662, title IX, §934, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 113–121, title I, §1037(a), June 10, 2014, 128 Stat. 1235; Pub. L. 114–322, title I, §1122(j), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115–270, title I, §1158, Oct. 23, 2018, 132 Stat. 3794.)

Editorial Notes CODIFICATION

Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

AMENDMENTS

2018—Subsec. (b). Pub. L. 115–270, §1158(1), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (e). Pub. L. 115–270, §1158(2), substituted "10-year period" for "5 year-period".

2016—Subsec. (e). Pub. L. 114–322 substituted "6 years" for "3 years".

2014—Pub. L. 113–121 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e).

1986—Pub. L. 99–662 substituted "fiftieth" for "fifteenth".

Publication Title United States Code, 2018 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 19B - WATER RESOURCES PLANNING
SUBCHAPTER IV - MISCELLANEOUS PROVISIONS
Sec. 1962d-5f - Beach nourishment
Contains section 1962d-5f
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 90 Stat. 2933
100 Stat. 4197
128 Stat. 1235
130 Stat. 1647
132 Stat. 3794
Public Law References Public Law 94-587, Public Law 99-662, Public Law 113-121, Public Law 114-322, Public Law 115-270
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