---
kind: "range"
citation: "33 U.S.C. §§ 426f–426h–1"
title: "33"
from: "426f"
to: "426h–1"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/33/426f..426h-1"
---

# §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.