§426 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Chief of Engineers, under the Secretary of the Army, must carry out studies with state agencies on the Atlantic, Pacific, and Gulf coasts, the Great Lakes, Alaska, Hawaii, Puerto Rico, and U.S. possessions to find ways to stop shoreline erosion from waves and currents. The work can be paid from Army funds set aside for general investigations and civil functions. The Army may share study information with cooperating agencies before sending formal reports to Congress. No money may be spent in a State that does not cooperate or does not provide the funds or services the Secretary of the Army requires. A seven-member Board will be created under the Chief of Engineers: four members will be officers of the Corps of Engineers and three will be civilian engineers chosen for their beach-erosion expertise. The Board will give technical help, review reports, and, with the Chief’s approval, visit sites being studied. Civilian members may be paid up to $100 per day for meeting days, up to 30 days a year, plus travel and other necessary expenses allowed by law.

Title 33, §426

Navigation and Navigable Waters — Source: USLM XML via OLRC

The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the Chief of Engineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of attendance at Board meetings, not to exceed thirty days per annum, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of section 5703 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Board, referred to in text, means the Beach Erosion Board, which was abolished by Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304. See note set out below. Codification “Section 5703 of title 5” substituted in text for “section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1960—Pub. L. 86–645, among other changes, substituted provisions requiring the three civilian members of the Board to be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection for provisions which required the civilian members to be selected with regard to their special fitness from among the State agencies cooperating with the Department of the Army, and provisions authorizing payment of civilian members at rates not to exceed $100 a day, for not more than 30 days per annum, for provisions which required the States to pay the salaries of the civilian members.

Statutory Notes and Related Subsidiaries

Abolition of Beach Erosion Board Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part: “That the Board established by section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), referred to as the Beach Erosion Board, is hereby abolished.” For the

Transfer of Functions

of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see section 426–1 and 426–3 of this title. For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title. Great Lakes Levels Study Pub. L. 99–662, title VII, § 706, Nov. 17, 1986, 100 Stat. 4158, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administration, Federal Emergency Management Agency, International Joint Commission, and other appropriate Federal, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the current situation and long-term expected increases in levels of the Great Lakes and directed Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting documentation and recommendations to Congress. Study of Rising Oceans Pub. L. 99–662, title VII, § 731, Nov. 17, 1986, 100 Stat. 4165, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administration, Federal Emergency Management Agency, and other appropriate Federal, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the prospect for long-term increases in levels of the ocean and directed Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting documentation and recommendations to Congress. Application of Existing Law to Surveys Relating to Shore Protection Pub. L. 87–874, § 103(b), Oct. 23, 1962, 76 Stat. 1179, provided that: “All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent herewith.”

§426 Investigations concerning erosion of shores of coastal and lake waters