
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC426h]

 
                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
        

(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 $21,000,000 to carry out 
    this section.

(Aug. 13, 1946, ch. 960, Sec. 5, as added Pub. L. 104-303, title II, 
Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L. 106-53, 
title V, Sec. 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, Sec. 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, Sec. 5, formerly 
Sec. 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703; renumbered 
Sec. 5, Oct. 12, 1996, Pub. L. 104-303, title II, Sec. 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, 
Sec. 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.
