§ 426e. Federal aid in protection of shores

Footnotes

1. 1 So in original. Probably should be followed by a comma.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 79–960 § 1 · 60 Stat. 1056

   Enacted · 33 U.S.C. § 426e

   Aug. 13, 1946, ch. 960, § 1, 60 Stat. 1056

   Source evidence

   Code source credit
   Aug. 13, 1946, ch. 960, § 1, 60 Stat. 1056

2. 1962

   River and Harbor Art of

   Pub. L. 87–874 § 103(a)(1) · 76 Stat. 1173

   Changed · 33 U.S.C. § 426e(b)

   Pub. L. 87–874, § 103(a)(1), (2), increased maximum limit on amount of Federal contributions from one-third to one-half of project cost, provided that costs for restoration and protection of Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection of State, county and other publicly owned shore parks and conservation areas may be borne by Federal Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation and development of natural resources, extend landward enough to include natural features to protect uplands, and provide essentially full park facilities for public use, all of which meet with approval of Chief of Engineers

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–874, § 103(a)(1), (2), increased maximum limit on amount of Federal contributions from one-third to one-half of project cost, provided that costs for restoration and protection of Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection of State, county and other publicly owned shore parks and conservation areas may be borne by Federal Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation and development of natural resources, extend landward enough to include natural features to protect uplands, and provide essentially full park facilities for public use, all of which meet with approval of Chief of Engineers.

   Enacted provision · exact public law section
   (1) the word “one-third” in section 1(b) is deleted and the word “one-half” is substituted therefor;

3. 1962

   River and Harbor Art of

   Pub. L. 87–874 § 103(a)(3) · 76 Stat. 1173

   Changed · 33 U.S.C. § 426e(e)

   Pub. L. 87–874, § 103(a)(3), required approval of plans by Chief of Engineers in case of a small project under section 426g of this title

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 87–874, § 103(a)(3), required approval of plans by Chief of Engineers in case of a small project under section 426g of this title.

   Enacted provision · exact public law section
   (3) the following is added after the word “supplemented” in section 1(e): “, or, in the case of a small project under section 3 of this Act, unless the plan therefor has been approved by the Chief of Engineers”; and

4. 1970

   Flood Control Act of 1970

   Pub. L. 91–611 title II § 208 · 84 Stat. 1818

   Substituted · 33 U.S.C. § 426e(b)

   Pub. L. 91–611 provided for designation of existing provisions as cls. (1) and (2) by insertion of “(1)” after “except that” and substitution of “(2)” for “and, further, that” and added cl. (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–611 provided for designation of existing provisions as cls. (1) and (2) by insertion of “(1)” after “except that” and substitution of “(2)” for “and, further, that” and added cl. (3).

   Enacted provision · exact public law section
   Sec. 208. Subsection (b) of the first section of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property,”, approved August 13, 1946 (33 U.S.C, 426e(b)), is amended by inserting “(1)” after “except that”, 70 Stat. 702; 76 Stat. 1178. by striking out “and, further, that” and inserting “ (2)” in lieu thereof, and by inserting before the period at the end thereof a comma and the following: “and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary of the Army, acting through the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs.”

5. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 227(a) · 110 Stat. 3658

   1. Inserted · 33 U.S.C. § 426e(a)

      Pub. L. 104–303, § 227(a), inserted “and beaches” after “damage to the shores”

   2. Substituted · 33 U.S.C. § 426e(a)

      Pub. L. 104–303, § 227(a), substituted “sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.” for “the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–303, § 227(a), inserted “and beaches” after “damage to the shores” and substituted “sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.” for “the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions.”

   Enacted provision · exact public law section
   (a) Declaration of Policy.— Subsection (a) of the 1st section of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426e), is amended— (1) by striking “damage to the shores” and inserting “damage to the shores and beaches”; and (2) by striking “the following provisions” and all that follows through the period at the end of such subsection and inserting the following: “this Act, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.”.

6. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 227(e)(2) · 110 Stat. 3658

   1. Substituted · 33 U.S.C. § 426e(b)(3)

      Pub. L. 104–303, § 227(e)(2), substituted “Secretary” for “Secretary of the Army, acting through the Chief of Engineers,”

   2. Struck · 33 U.S.C. § 426e(b)(3)

      Pub. L. 104–303, § 227(e)(2), struck out second period at end

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–303, § 227(e)(2), substituted “Secretary” for “Secretary of the Army, acting through the Chief of Engineers,” and struck out second period at end.

   Enacted provision · exact public law section
   (2) Conforming amendments.— The Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946, is amended— (A) in subsection (b)(3) of the 1st section (33 U.S.C. 426e(b)(3))— (i) by striking “of the Army, acting through the Chief of Engineers,”; and (ii) by striking the final period; (B) in subsection (e) of the 1st section by striking “section 3” and inserting “section 3 or 5”; and (C) in section 3 (33 U.S.C. 426g) by striking “Secretary of the Army” and inserting “Secretary”.

7. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 227(b) · 110 Stat. 3658

   1. Inserted · 33 U.S.C. § 426e(e)

      Pub. L. 104–303, § 227(b), (e)(2)(B), inserted subsec. heading

   2. Amended · 33 U.S.C. § 426e(e)

      Pub. L. 104–303, § 227(b), (e)(2)(B), designated existing provisions as par. (1)

   3. Inserted · 33 U.S.C. § 426e(e)

      Pub. L. 104–303, § 227(b), (e)(2)(B), inserted heading, realigned margin

   4. Inserted · 33 U.S.C. § 426e(e)

      Pub. L. 104–303, § 227(b), (e)(2)(B), inserted “or 426h” after “under section 426g”

   5. Added · 33 U.S.C. § 426e(e)

      Pub. L. 104–303, § 227(b), (e)(2)(B), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–303, § 227(b), (e)(2)(B), inserted subsec. heading, designated existing provisions as par. (1) and inserted heading, realigned margin, inserted “or 426h” after “under section 426g”, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (b) Authorization of Projects.— Subsection (e) of such section is amended— (1) by striking “(e) No” and inserting the following: “(e) Authorization of Projects.— “(1) In general.— No”; (2) by moving the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) 2 ems to the right; and (3) by adding at the end the following: “(2) Studies.— “(A) In general.— The Secretary shall— “(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under this Act (including subparagraph (B)(iii)) and other applicable law; “(ii) conduct such studies as Congress requires under applicable laws; and “(iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. “(B) Recommendations for shore protection projects.— “(i) In general.— The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). “(ii) Considerations.— In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project. “(C) Coordination of projects.— In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall— “(i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and “(ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. “(3) Shore protection projects.— “(A) In general.— The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress. “(B) Agreements.— “(i) Requirement.— After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element. “(ii) Terms.— The agreement shall— “(I) specify the life of the project; and “(II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. “(C) Coordination of projects.— In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C).”.

12 of 13 references resolved to an enrolled provision · 1 partial