U.S. Code » Title 33 » Chapter CHAPTER 9— PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER I— IN GENERAL

33 U.S.C. § 426g

Storm and hurricane restoration and impact minimization program

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(a) Construction of small shore and beach restoration and protection projects(1) In general

The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with section 426e of this title if the Secretary determines that such construction is advisable.

(2) Local cooperation

The local cooperation requirement of section 426e of this title shall apply to a project under this section.

(3) CompletenessA project under this subsection—(A) shall be complete; and(B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with—(i)section 426e of this title; and(ii) the procedure for projects authorized after submission of a survey report.(b) National shoreline erosion control development and demonstration program(1) In general

The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the “demonstration program”).

(2) Requirements(A) In generalThe demonstration program shall include provisions for—(i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods;(ii) monitoring of the applicable prototypes;(iii) detailed engineering and environmental reports on the results of each project carried out under the demonstraton 11 So in original. Probably should be “demonstration”. program; and(iv) technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institutions, and nongovernmental organizations.(B) Determination of feasibility

A project under the demonstration program shall not be carried out until the Secretary determines that the project is feasible.

(C) EmphasisA project under the demonstration program shall emphasize, to the maximum extent practicable—(i) the development and demonstration of innovative technologies;(ii) efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;(iii) new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects;(iv) natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline;(v) the avoidance of negative impacts to adjacent shorefront communities;(vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests;(vii) the potential for long-term protection afforded by the technology; and(viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Demonstration Act of 1974 (42 U.S.C. 1962–5 note),22 See References in Text note below. 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.(D) Sites(i) In generalEach project under the demonstration program may be carried out at—(I) a privately owned site with substantial public access; or(II) a publicly owned site on open coast or in tidal waters.(ii) SelectionThe Secretary shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on—(I) a variety of geographic and climatic conditions;(II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure;(III) the rate of erosion;(IV) significant natural resources or habitats and environmentally sensitive areas; and(V) significant threatened historic structures or landmarks.(3) ConsultationThe Secretary shall carry out the demonstration program in consultation with—(A) the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion;(B) Federal, State, and local agencies;(C) private organizations;(D) the Coastal Engineering Research Center established by section 426–1 of this title; and(E) applicable university research facilities.(4) Completion of demonstrationAfter carrying out the initial construction and evaluation of the performance and cost of a project under the demonstration program, the Secretary may—(A) amend, at the request of a non-Federal interest of the project, the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the project under the demonstration program is complete to incorporate the project constructed under the demonstration program as a feature of the shore protection project, with the future cost sharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; or(B) transfer all interest in and responsibility for the completed project constructed under the demonstration program to a non-Federal interest or another Federal agency.(5) AgreementsThe Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of another Federal agency under the demonstration program—(A) to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program;(B) to share the costs of removing the project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; or(C) to specify ownership of the completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project.(6) ReportNot later than December 31, 2008, and every 3 years thereafter, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing—(A) the activities carried out and accomplishments made under the demonstration program since the previous report under this paragraph; and(B) any recommendations of the Secretary relating to the program.(c) Authorization of appropriations(1) In general

Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $62,500,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under this section.

(2) LimitationThe total amount expended for a project under this section shall—(A) be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under section 426e of this title), as determined by the Secretary; and(B) be not more than $15,000,000.(Aug. 13, 1946, ch. 960, § 3, 60 Stat. 1056; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; July 28, 1956, ch. 768, 70 Stat. 703; Pub. L. 87–874, title I, § 103(a)(4), Oct. 23, 1962, 76 Stat. 1178; Pub. L. 89–298, title III, § 310(b), Oct. 27, 1965, 79 Stat. 1095; Pub. L. 91–611, title I, § 112(b), Dec. 31, 1970, 84 Stat. 1821; Pub. L. 99–662, title IX, § 915(e), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104–303, title II, § 227(e)(2)(C), Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106–53, title II, § 226, Aug. 17, 1999, 113 Stat. 298; Pub. L. 110–114, title II, § 2038(a), Nov. 8, 2007, 121 Stat. 1097; Pub. L. 114–322, title I, § 1167, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 115–270, title I, § 1157(a), Oct. 23, 2018, 132 Stat. 3793; Pub. L. 118–272, div. A, title I, § 1107(c), Jan. 4, 2025, 138 Stat. 3004.)Editorial NotesReferences in Text

The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(C)(viii), 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.

Amendments

2025—Subsec. (c)(1). Pub. L. 118–272, § 1107(c)(1), substituted “$62,500,000” for “$37,500,000”.

Subsec. (c)(2)(B). Pub. L. 118–272, § 1107(c)(2), substituted “$15,000,000” for “$10,000,000”.

2018—Subsec. (c)(1). Pub. L. 115–270 substituted “$37,500,000” for “$30,000,000”.

2016—Subsec. (c)(2)(B). Pub. L. 114–322 substituted “$10,000,000” for “$5,000,000”.

2007—Pub. L. 110–114 amended section generally. Prior to amendment, section related to authorization of small shore and beach restoration and protection projects not specifically authorized by Congress.

1999—Pub. L. 106–53 substituted “$3,000,000” for “$2,000,000”.

1996—Pub. L. 104–303 substituted “Secretary” for “Secretary of the Army”.

1986—Pub. L. 99–662 substituted “$30,000,000” for “$25,000,000” and “$2,000,000” for “$1,000,000”.

1970—Pub. L. 91–611 increased authorized annual allotment for Federal share of project construction costs from $10,000,000 to $25,000,000 and the limitation on allotment for any single project from $500,000 to $1,000,000.

1965—Pub. L. 89–298 increased authorized annual allotment for Federal share of project construction costs from $3,000,000 to $10,000,000 and the limitation on allotment for any single project from $400,000 to $500,000.

1962—Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to undertake small shore and beach projects not specifically authorized by Congress, which otherwise comply with section 426e of this title, and to allot from any civil works appropriations hereafter made, an amount not to exceed $3,000,000 for the Federal share of such projects in any one fiscal year, provide that no such single project shall be allotted more than $400,000, including periodic nourishment, that provisions of local cooperation shall apply, and that the work shall be complete and not commit the United States to any additional improvement except for periodic beach nourishment, and as may result from procedure applying to projects authorized after submission of survey reports, for provisions which permitted the Chief of Engineers to make advance payments, not exceeding the United States pro rata part of the value of the labor and materials actually put in, and to undertake construction of restoration and protective works under sections 426e to 426h of this title upon the request of, and contribution of funds by, the interested political subdivision.

1956—Act July 28, 1956, substituted “restoration and protective works under sections 426e to 426h of this title” for “improvement and protective works”.

Statutory Notes and Related SubsidiariesChange of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Effective Date of 1986 Amendment

Pub. L. 99–662, title IX, § 915(i), Nov. 17, 1986, 100 Stat. 4191, provided that: “The amendments made by this section [amending this section and sections 426i, 577, 603a, 701g, 701r, and 701s of this title] shall not apply to any project under contract for construction on the date of enactment of this Act [Nov. 17, 1986].”

Effective Date of 1970 Amendment

Pub. L. 91–611, title I, § 112(c), Dec. 31, 1970, 84 Stat. 1821, provided that: “The amendments made by this section [amending this section and section 577 of this title] shall not apply to any project under contract for construction on the date of enactment of this Act [Dec. 31, 1970].”

Transfer of Functions

Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).

Hurricane and Storm Damage Protection Program

Pub. L. 115–270, title I, § 1112, Oct. 23, 2018, 132 Stat. 3775, provided that:“(a)In General.—The Secretary [of the Army] is authorized to carry out a pilot program to award single contracts for more than one authorized hurricane and storm damage reduction project in a geographical region, including projects across more than one Corps of Engineers district, if the Secretary determines that the contract provides cost savings compared to the awarding of such work on a project-by-project basis.“(b)Project Selection.—In carrying out the pilot program under subsection (a), the Secretary shall consult with relevant State agencies in selecting projects.“(c)Criteria.—In carrying out the pilot program under subsection (a), the Secretary shall establish criteria and other considerations that—“(1) foster Federal, State, and local collaboration;“(2) evaluate the performance of projects being carried out under a single contract with respect to whether such projects yield any regional or multi-district benefits; and“(3) include other criteria and considerations that the Secretary determines to be appropriate.“(d)Report.—Not later than 1 year after the date of enactment of this Act [Oct. 23, 2018], and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the projects completed under the pilot program carried out under subsection (a).“(e)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $75,000,000.“(f)Termination.—The authority of the Secretary to enter into contracts pursuant to the pilot program carried out under subsection (a) shall expire on the date that is 10 years after the date of enactment of this Act.”

Notes of Decisions
Cited in 4 cases, 1972–2019 · leading case: Tomasi v. Twp. of Long Beach, 364 F. Supp. 3d 376 (D.N.J. 2019).
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Tomasi v. Twp. of Long Beach, 364 F. Supp. 3d 376 (D.N.J. 2019). · cites it 2× “" 33 U.S.C. § 426g(a)(1). Such projects may, however, only be carried out on "privately owned site[s] with substantial public access" or "publicly owned site[s] on open coast or in tidal waters.”
Env't Def. Fund, Inc. v. Robert F. Froehlke, Sec'y of the Army, 473 F.2d 346 (8th Cir. 1972). “33 U.S.C. § 426g; 33 U.S.C. § 701s. We see no reason why its action should not be as subject to judicial review as that of any other agency.”
Save the Dunes Council v. Clifford L. Alexander, Sec'y of the Army, 584 F.2d 158 (7th Cir. 1978). “It should be noted, however, that one of the regulations cited by Council applies to Small Beach Erosion Control Projects, 33 U.S.C. § 426g, and not to § 426i. Projects undertaken pursuant to § 426g involve cost sharing with local governmental units.”
Hoe v. Alexander, 483 F. Supp. 746 (D. Haw. 1980). “Plaintiffs’ first claim is that the project undertaken by the defendants to control beach erosion at Kualoa Regional Park is in violation of Section 103(a) of the River and Harbor Act of 1962, 33 U.S.C. § 426g (1976). The project itself is partially funded by the federal…”
— 33 U.S.C. § 426g(a)(1) — 1 case
Tomasi v. Twp. of Long Beach, 364 F. Supp. 3d 376 (D.N.J. 2019). “" 33 U.S.C. § 426g(a)(1). Such projects may, however, only be carried out on "privately owned site[s] with substantial public access" or "publicly owned site[s] on open coast or in tidal waters.”
— 33 U.S.C. § 426g(b)(2)(D)(i) — 1 case
Tomasi v. Twp. of Long Beach, 364 F. Supp. 3d 376 (D.N.J. 2019). “" 33 U.S.C. § 426g(a)(1). Such projects may, however, only be carried out on "privately owned site[s] with substantial public access" or "publicly owned site[s] on open coast or in tidal waters.”
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