---
kind: "range"
citation: "33 U.S.C. §§ 426e–426h–1"
title: "33"
from: "426e"
to: "426h–1"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/33/426e..426h-1"
---

# §426e. Federal aid in protection of shores

- (a) **Declaration of policy—** With the purpose of preventing damage to the [shores](/usc/33/426h–1.md?p=4) and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to [sections 426e to 426h–1](/usc/33/426e..426h–1.md) of this title, to promote [shore protection projects](/usc/33/426h–1.md?p=5) 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](/usc/33/701h.md), 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](/usc/33/426h–1.md?p=4) and beaches is attributable to Federal navigation projects or other Federal activities.
- (b) **Federal contribution; maximum amount; exceptions—** The Federal contribution in the case of any project referred to in [subsection (a)](#a) shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, [municipality](/usc/33/1362.md?p=4), or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned [shore](/usc/33/426h–1.md?p=4) parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other [natural features](/usc/33/701n–3.md?p=a-2) which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the [Secretary](/usc/33/426h–1.md?p=2)[^1] not more than 70 per centum of the total cost exclusive of land costs.
- (c) **Periodic beach nourishment; “construction” defined—** When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term “construction” may be construed for the purposes of [sections 426e to 426h–1](/usc/33/426e..426h–1.md) of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project [shores](/usc/33/426h–1.md?p=4) for a length of time specified by the Chief of Engineers.
- (d) **Shores other than public—** [Shores](/usc/33/426h–1.md?p=4) other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protection of nearby public property or if the benefits to those [shores](/usc/33/426h–1.md?p=4) are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits.
- (e) **Authorization of projects—**
  - (1) **In general—** No Federal contributions shall be made with respect to a project under [sections 426e to 426h–1](/usc/33/426e..426h–1.md) of this title unless the plan therefor shall have been specifically adopted and authorized by Congress after investigation and study by the Coastal Engineering Research Center under the provisions of [section 426 of this title](/usc/33/426.md) as amended and supplemented, or, in the case of a small project under section [426g](/usc/33/426g.md) or [426h](/usc/33/426h.md)[^2] of this title, unless the plan therefor has been approved by the Chief of Engineers.
  - (2) **Studies—**
    - (A) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall—
      - (i) recommend to Congress studies concerning [shore protection projects](/usc/33/426h–1.md?p=5) that meet the criteria established under [sections 426e to 426h–1](/usc/33/426e..426h–1.md) of this title (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](/usc/33/3301.md?p=3) on Environment and Public Works of the Senate and the [Committee](/usc/33/3301.md?p=3) on Transportation and Infrastructure of the House of Representatives.
    - (B) **Recommendations for shore protection projects—**
      - (i) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) shall recommend to Congress the authorization or reauthorization of [shore protection projects](/usc/33/426h–1.md?p=5) based on the studies conducted under [subparagraph (A)](#e-2-A).
      - (ii) **Considerations—** In making recommendations, the [Secretary](/usc/33/426h–1.md?p=2) shall consider the economic and ecological benefits of the [shore protection project](/usc/33/426h–1.md?p=5).
    - (C) **Coordination of projects—** In conducting studies and making recommendations for a [shore protection project](/usc/33/426h–1.md?p=5) under this paragraph, the [Secretary](/usc/33/426h–1.md?p=2) shall—
      - (i) determine whether there is any other project being carried out by the [Secretary](/usc/33/426h–1.md?p=2) or the head of another Federal agency that may be complementary to the [shore protection project](/usc/33/426h–1.md?p=5); 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](/usc/33/426h–1.md?p=2) shall construct, or cause to be constructed, any [shore protection project](/usc/33/426h–1.md?p=5) authorized by Congress, or [separable element](/usc/33/426h–1.md?p=3) 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](#c), of a [shore protection project](/usc/33/426h–1.md?p=5) or [separable element](/usc/33/426h–1.md?p=3), the [Secretary](/usc/33/426h–1.md?p=2) shall enter into a written agreement with a [non-Federal interest](/usc/33/701h.md) with respect to the project or [separable element](/usc/33/426h–1.md?p=3).
      - (ii) **Terms—** The agreement shall—
        - (I) specify the life of the project; and
        - (II) ensure that the Federal Government and the [non-Federal interest](/usc/33/701h.md) will cooperate in carrying out the project or [separable element](/usc/33/426h–1.md?p=3).
    - (C) **Coordination of projects—** In constructing a [shore protection project](/usc/33/426h–1.md?p=5) or [separable element](/usc/33/426h–1.md?p=3) under this paragraph, the [Secretary](/usc/33/426h–1.md?p=2) shall, to the extent practicable, coordinate the project or element with any complementary project identified under [paragraph (2)(C)](#e-2-C).

# §426e–1. Shore protection projects

- (a) **In general—** In accordance with the Act of July 3, 1930 ([33 U.S.C. 426](/usc/33/426.md)) of this title, and notwithstanding administrative actions, it is the policy of the United States to promote beach nourishment for the purposes of flood damage reduction and hurricane and storm damage reduction and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach renourishment for a period of 50 years, on a comprehensive and coordinated basis by the Federal Government, [States](/usc/33/701h.md), localities, and private enterprises.
- (b) **Preference—** In carrying out the policy under [subsection (a)](#a), preference shall be given to—
  - (1) areas in which there has been a Federal investment of funds for the purposes described in [subsection (a)](#a); and
  - (2) areas with respect to which the need for prevention or mitigation of damage to [shores](/usc/33/426h–1.md?p=4) and beaches is attributable to Federal navigation projects or other Federal activities.
- (c) **Applicability—** The [Secretary](/usc/33/426h–1.md?p=2) shall apply the policy under [subsection (a)](#a) to each [shore](/usc/33/426h–1.md?p=4) protection and beach renourishment project (including [shore](/usc/33/426h–1.md?p=4) protection and beach renourishment projects constructed before November 8, 2007).

# §426e–2. Clarification of munition disposal authorities

- (a) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) may, at full Federal expense, implement any response action the [Secretary](/usc/33/426h–1.md?p=2) determines to be necessary at a site where—
  - (1) the [Secretary](/usc/33/426h–1.md?p=2) has carried out a project under civil works authority of the [Secretary](/usc/33/426h–1.md?p=2) that includes placing sand on a beach; and
  - (2) as a result of the project described in [paragraph (1)](#a-1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.
- (b) **Response action funding—** A response action described in [subsection (a)](#a) shall be reimbursed from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.

# §426e–3. Coastal storm damage reduction contracts


For any project for coastal storm damage reduction, the [Secretary](/usc/33/426h–1.md?p=2) may seek input from a [non-Federal interest](/usc/33/701h.md) for a project that may be affected by the timing of the coastal storm damage reduction activities under the project, in order to minimize, to the maximum extent practicable, any negative effects resulting from the timing of those activities.


# §426f. Reimbursements

- (a) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) is authorized to reimburse [non-Federal interests](/usc/33/701h.md) for work done by them, after initiation of the survey studies which form the basis for the project or [separable element](/usc/33/426h–1.md?p=3) of the project, on authorized projects or [separable elements](/usc/33/426h–1.md?p=3) 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](/usc/33/426h–1.md?p=3) is approved by the Chief of Engineers as being in accordance with the authorized projects or [separable elements](/usc/33/426h–1.md?p=3): 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](/usc/33/426h–1.md?p=3) of higher priority for improvements.
- (b) **Agreements—**
  - (1) **Requirement—** After authorization of reimbursement by the [Secretary](/usc/33/426h–1.md?p=2) under this section, and before commencement of [construction](/usc/33/426e.md?p=c), of a [shore protection project](/usc/33/426h–1.md?p=5), the [Secretary](/usc/33/426h–1.md?p=2) shall enter into a written agreement with the [non-Federal interest](/usc/33/701h.md) with respect to the project or [separable element](/usc/33/426h–1.md?p=3).
  - (2) **Terms—** The agreement shall—
    - (A) specify the life of the project; and
    - (B) ensure that the Federal Government and the [non-Federal interest](/usc/33/701h.md) will cooperate in carrying out the project or [separable element](/usc/33/426h–1.md?p=3).

# §426g. Storm and hurricane restoration and impact minimization program

- (a) **Construction of small shore and beach restoration and protection projects—**
  - (1) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) may carry out a [program](/usc/33/467.md?p=11) for the [construction](/usc/33/426e.md?p=c) of small [shore](/usc/33/426h–1.md?p=4) and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with [section 426e of this title](/usc/33/426e.md) if the [Secretary](/usc/33/426h–1.md?p=2) determines that such [construction](/usc/33/426e.md?p=c) is advisable.
  - (2) **Local cooperation—** The local cooperation requirement of [section 426e of this title](/usc/33/426e.md) shall apply to a project under this section.
  - (3) **Completeness—** A 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](/usc/33/426e.md); 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](/usc/33/426h–1.md?p=2) shall conduct under the [program](/usc/33/467.md?p=11) authorized by [subsection (a)](#a) a national shoreline erosion control development and demonstration [program](/usc/33/467.md?p=11) (referred to in this section as the “demonstration [program](/usc/33/467.md?p=11)”).
  - (2) **Requirements—**
    - (A) **In general—** The demonstration [program](/usc/33/467.md?p=11) shall include provisions for—
      - (i) projects consisting of planning, design, [construction](/usc/33/426e.md?p=c), 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[^1] [program](/usc/33/467.md?p=11); 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](/usc/33/467.md?p=11) shall not be carried out until the [Secretary](/usc/33/426h–1.md?p=2) determines that the project is feasible.
    - (C) **Emphasis—** A project under the demonstration [program](/usc/33/467.md?p=11) 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](/usc/33/426h–1.md?p=5) 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](/usc/33/467.md?p=11) established under the Shoreline Erosion Control Demonstration Act of 1974 ([42 U.S.C. 1962–5](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s1962–5)) note),[^2] 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 general—** Each project under the demonstration [program](/usc/33/467.md?p=11) 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) **Selection—** The [Secretary](/usc/33/426h–1.md?p=2) shall develop criteria for the selection of sites for projects under the demonstration [program](/usc/33/467.md?p=11), 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) **Consultation—** The [Secretary](/usc/33/426h–1.md?p=2) shall carry out the demonstration [program](/usc/33/467.md?p=11) in consultation with—
    - (A) the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426–1.md); and
    - (E) applicable university research facilities.
  - (4) **Completion of demonstration—** After carrying out the initial [construction](/usc/33/426e.md?p=c) and evaluation of the performance and cost of a project under the demonstration [program](/usc/33/467.md?p=11), the [Secretary](/usc/33/426h–1.md?p=2) may—
    - (A) amend, at the request of a [non-Federal interest](/usc/33/701h.md) of the project, the partnership agreement for a federally authorized [shore protection project](/usc/33/426h–1.md?p=5) in existence on the date on which initial [construction](/usc/33/426e.md?p=c) of the project under the demonstration [program](/usc/33/467.md?p=11) is complete to incorporate the project constructed under the demonstration [program](/usc/33/467.md?p=11) as a feature of the [shore protection project](/usc/33/426h–1.md?p=5), with the future cost sharing of the project constructed under the demonstration [program](/usc/33/467.md?p=11) to be determined by the project purposes of the [shore protection project](/usc/33/426h–1.md?p=5); or
    - (B) transfer all interest in and responsibility for the completed project constructed under the demonstration [program](/usc/33/467.md?p=11) to a [non-Federal interest](/usc/33/701h.md) or another Federal agency.
  - (5) **Agreements—** The [Secretary](/usc/33/426h–1.md?p=2) may enter into a partnership agreement with the [non-Federal interest](/usc/33/701h.md) or a cooperative agreement with the head of another Federal agency under the demonstration [program](/usc/33/467.md?p=11)—
    - (A) to share the costs of [construction](/usc/33/426e.md?p=c), operation, maintenance, and monitoring of a project under the demonstration [program](/usc/33/467.md?p=11);
    - (B) to share the costs of removing the project, or element of the project if the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) determines that the completed project will not be part of a Corps of Engineers project.
  - (6) **Report—** Not later than December 31, 2008, and every 3 years thereafter, the [Secretary](/usc/33/426h–1.md?p=2) shall prepare and submit to the [Committee](/usc/33/3301.md?p=3) on Environment and Public Works of the Senate and the [Committee](/usc/33/3301.md?p=3) on Transportation and Infrastructure of the House of Representatives a report describing—
    - (A) the activities carried out and accomplishments made under the demonstration [program](/usc/33/467.md?p=11) since the previous report under this paragraph; and
    - (B) any recommendations of the [Secretary](/usc/33/426h–1.md?p=2) relating to the [program](/usc/33/467.md?p=11).
- (c) **Authorization of appropriations—**
  - (1) **In general—** Subject to [paragraph (2)](#c-2), the [Secretary](/usc/33/426h–1.md?p=2) may expend, from any appropriations made available to the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/33/426e.md?p=c) of small [shore](/usc/33/426h–1.md?p=4) and beach restoration and protection projects or small projects under this section.
  - (2) **Limitation—** The 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](/usc/33/426e.md)), as determined by the [Secretary](/usc/33/426h–1.md?p=2); and
    - (B) be not more than $15,000,000.

# §426g–1. State and regional plans


The [Secretary](/usc/33/426h–1.md?p=2) may—

- (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.

# [§426h. Repealed. Pub. L. 110–114, title II, § 2038(b), Nov. 8, 2007, 121 Stat. 1100 — repealed]



# §426h–1. Definitions


In sections [426e](/usc/33/426e.md) and [426f to 426h–1](/usc/33/426f..426h–1.md) 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](/usc/33/467.md?p=11) 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](/usc/33/2213.md?p=f).
- (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.