§426f. Reimbursements (a) In general

The Secretary is authorized to reimburse nonFederal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable elements which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects or separable elements is approved by the Chief of Engineers as being in accordance with the authorized projects or separable elements: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects or separable elements of higher priority for improvements. (b) Agreements

(1) Requirement

After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element.

(2) Terms

The agreement shall

(A) specify the life of the project; and (B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.

(As amended Pub. L. 104-303, title II, §227(c)(1), Oct. 12, 1996, 110 Stat. 3699.)

AMENDMENTS

1996-Pub. L. 104-303 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “Secretary" for "Secretary of the Army" and "non-Federal interests" for "local interests", inserted "or separable element of the project" after "project", inserted "or separable elements" after "projects" wherever appearing, and added subsec. (b).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h-1 of this title; title 42 section 1962d-5a.

§ 426g. Authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions

The Secretary is authorized to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress, which otherwise comply with section 426e of this title, when he finds that such work is advisable, and he is further authorized to allot from any appropriations hereafter made for civil works, not to exceed $30,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: Provided, That not more than $3,000,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 426e(c) of this title:

(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources located within the boundaries of the State;

(2) encourage State participation in the implementation of the plan; and

(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan. (Aug. 13, 1946, ch. 960, §4, as added Pub. L. 104-303, title II, §227(d)(2), Oct. 12, 1996, 110 Stat. 3700.)

PRIOR PROVISIONS

A prior section 4 of act Aug. 13, 1946, was renumbered section 5 of that act, and was classified to section 426h of this title prior to repeal by Pub. L. 104-303.

SECTION REFERRED TO IN OTHER SECTIONS

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

§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 lifecycle 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

(1) 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, §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.

§ 426h-1. Definitions

In sections 426e to 426h-1 of this title, the following definitions apply:

(1) Erosion control program

The term "erosion control program" means the national shoreline erosion control development and demonstration program established under this section.

(2) Secretary

The term "Secretary" means the Secretary of the Army.

(3) Separable element

The term "separable element" has the meaning provided by section 2213(f) of this title.

(4) Shore

The term "shore" includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith.

(5) Shore protection project

The term "shore protection project" includes a project for beach nourishment, including the replacement of sand.

(Aug. 13, 1946, ch. 960, §6, as added Pub. L. 104-303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426e of this title. § 426i. Shore damage prevention or mitigation (a) In general

The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary.

(b) Cost sharing

The costs of implementing measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage.

(c) Requirement for specific authorization

No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $5,000,000. (d) Coordination

The Secretary shall

(1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and

(2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project.

(As amended Pub. L. 106-53, title II, §214, Aug. 17, 1999, 113 Stat. 291.)

AMENDMENTS

1999-Pub. L. 106-53 designated first sentence as subsec. (a), inserted heading, and inserted “and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway" after "navigation works", designated second sentence as subsec. (b) and inserted heading, and designated third sentence as subsec. (c), inserted heading, and substituted "$5,000,000" for $2,000,000", and added subsec. (d).

§ 4261-1. Construction of shoreline protection projects by non-Federal interests

[See main edition for text of (a) to (d)]

(e) Reimbursement

(1) General rule

Subject to the enactment of appropriation Acts, the Secretary is authorized to reimburse any non-Federal interest an amount equal to the estimate of the Federal share, without interest, of the cost of any authorized shoreline protection project, or separable element thereof, constructed under this section

(A) if, after authorization and before initiation of construction of the project or separable element, the Secretary approves the plans for construction of such project by such non-Federal interest and enters into a written agreement with the non-Federal interest with respect to the project or separable element (including the terms of cooperation); and

[See main edition for text of (B), (2) to (4)] (As amended Pub. L. 104-303, title II, §227(c)(2), Oct. 12, 1996, 110 Stat. 3700.)

AMENDMENTS

1996 Subsec. (e)(1)(A). Pub. L. 104-303 inserted before semicolon "ard enters into a written agreement with the non-Federal interest with respect to the project or separable element (including the terms of cooperation)".

§ 4261-2. National coastal data bank (1) Establishment of data bank

Not later than 2 years after August 17, 1999, the Secretary shall establish a national coastal data bank containing data on the geophysical and climatological characteristics of the shores of the United States. (2) Content

To the extent practicable, the national coastal data bank shall include data regarding current

and predicted shore positions, information on federally authorized shore protection projects, and data on the movement of sand along the shores of the United States, including impediments to such movement caused by natural and manmade features.

(3) Access

The national coastal data bank shall be made readily accessible to the public.

(Pub. L. 106-53, title II, §215(d), Aug. 17, 1999, 113 Stat. 293.)

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106-53, set out as a note under section 2201 of this title.

§426j. Placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches

The Secretary of the Army, acting through the Chief of Engineers, is authorized upon request of the State, to place on the beaches of such State beach-quality sand which has been dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches, if the Secretary deems such action to be in the public interest and upon payment by such State of 35 percent of the increased cost thereof above the cost required for alternative methods of disposing of such sand. At the request of the State, the Secretary may enter into an agreement with a political subdivision of the State to place sand on the beaches of the political subdivision of the State under the same terms and conditions required in the first sentence of this section; except that the political subdivision shall be responsible for providing any payments required under such sentence in lieu of the State. In carrying out this section, the Secretary shall give consideration to the schedule of the State, or the schedule of the responsible political subdivision of the requesting State, for providing its share of funds for placing such sand on the beaches of the State or the political subdivision and shall, to the maximum extent practicable, accommodate such schedule. (As amended Pub. L. 106-53, title II, § 217(a), Aug. 17, 1999, 113 Stat. 294.)

AMENDMENTS

1999- Pub. L. 106-53 substituted "35 percent" for "50 percent" in first sentence.

GREAT LAKES BASIN

Pub. L. 106-53, title II, §217(b), Aug. 17, 1999, 113 Stat. 294, provided that: "The Secretary shall work with the State of Ohio, other Great Lakes States, and political subdivisions of the States to fully implement and maximize beneficial reuse of dredged material as provided under section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j).”

SUBCHAPTER VII-DAM INSPECTION PROGRAM

§ 467. Definitions

In this subchapter, the following definitions apply:

(1) Board

The term "Board" means a National Dam Safety Review Board established under section 467f(h) of this title.

(2) Dam

The term "dam"

(A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that

(i) is 25 feet or more in height from—

(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or

(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;

to the maximum water storage elevation;

or

(ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but

(B) does not include

(i) a levee; or

(ii) a barrier described in subparagraph (A) that

(I) is 6 feet or less in height regardless of storage capacity; or

(II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height; unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Director).

(3) Director

The term "Director" means the Director of FEMA.

(4) Federal agency

The term "Federal agency" means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a

dam.

(5) Federal Guidelines for Dam Safety

The term "Federal Guidelines for Dam Safety" means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.

(6) FEMA

The term "FEMA" means the Federal Emergency Management Agency.

(7) Hazard reduction

The term "hazard reduction" means the reduction in the potential consequences to life and property of dam failure.

(8) ICODS

The term "ICODS" means the Interagency Committee on Dam Safety established by section 467e of this title.

(9) Program

The term "Program" means the national dam safety program established under section 467f of this title. (10) State

The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

(11) State dam safety agency

The term "State dam safety agency" means a State agency that has regulatory authority over the safety of non-Federal dams.

(12) State dam safety program

The term "State dam safety program" means a State dam safety program approved and assisted under section 467f(f) of this title. (13) United States

The term "United States", when used in a geographical sense, means all of the States. (Pub. L. 92-367, §2, as added Pub. L. 104-303, title II, § 215(c)(4), Oct. 12, 1996, 110 Stat. 3685.)

PRIOR PROVISIONS

A prior section 467, Pub. L. 92-367, §1, Aug. 8, 1972, 86 Stat. 506; Pub. L. 99-662, title XII, § 1201(a), Nov. 17, 1986, 100 Stat. 4260, defined term "dam" as used in this subchapter, prior to repeal by Pub. L. 104-303, § 215(c)(1).

A prior section 2 of Pub. L. 92-367 was renumbered section 3 by section 215(c)(3) of Pub. L. 104-303 and is classified to section 467a of this title.

SHORT TITLE

Section 1 of Pub. L. 92-367, as added by Pub. L. 104-303, title II, §215(c)(1), Oct. 12, 1996, 110 Stat. 3685, provided that: "This Act [enacting this subchapter] may be cited as the 'National Dam Safety Program Act'."

CONGRESSIONAL STATEMENT OF PURPOSE; NATIONAL DAM SAFETY PROGRAM

Section 215(a) of Pub. L. 104-303 provided that: "The purpose of this section [enacting this section and sections 467d to 467j of this title, amending sections 467a to 467c of this title and section 3802 of Title 25, Indians, repealing former sections 467 and 467d to 467m of this title, and enacting provisions set out as notes under this section] is to reduce the risks to life and property from dam failure in the United States through the establishment and maintenance of an effective national dam safety program to bring together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. It is not the intent of this section to preempt any other Federal or State authorities nor is it the intent of this section to mandate State participation in the grant assistance program to be established under this section."

EFFECT ON OTHER DAM SAFETY PROGRAMS Section 215(b) of Pub. L. 104-303 provided that: "Nothing in this section (including the amendments made by this section) [enacting this section and sections 467d to 467j of this title, amending sections 467a to 467c of this title and section 3802 of Title 25, Indians, repealing former sections 467 and 467d to 467m of this title, and enacting provisions set out as notes under this section] shall preempt or otherwise affect any dam safety program of a Federal agency other than the Federal Emergency Management Agency, including any program

that regulates, permits, or licenses any activity affecting a dam."

§ 467a. Inspection of dams (a) In general

As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [16 U.S.C. 791a et seq.], (3) dams which have been inspected within the twelve-month period immediately prior to August 8, 1972, by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Energy Regulatory Commission and dams under the jurisdiction of the International Boundary and Water Commission upon request of such Commission.

(b) State participation

On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall

(1) provide information to the State dam safety agency on the construction, operation, or maintenance of the dam; or

(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.

(Pub. L. 92-367, §3, formerly §2, Aug. 8, 1972, 86 Stat. 506; Pub. L. 95-91, title IV, §402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; renumbered §3 and amended Pub. L. 104-303, title II, §215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687.)

REFERENCES IN TEXT

The Federal Power Act, referred to in subsec. (a), is act June 10. 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.

PRIOR PROVISIONS

A prior section 3 of Pub. L. 92-367 was renumbered section 4 and is classified to section 467b of this title.

AMENDMENTS

1996-Pub. L. 104-303 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

§ 467b. Investigation reports to Governors

[See main edition for text]

(Pub. L. 92-367, §4, formerly §3, Aug. 8, 1972, 86 Stat. 507; Pub. L. 99-662, title XII, § 1204, Nov. 17, 1986, 100 Stat. 4263; renumbered §4 and amended Pub. L. 104-303, title II, §215(c)(3), (6), Oct. 12, 1996, 110 Stat. 3685, 3687.)