§426e–1 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The federal government must promote beach nourishment and related research to reduce flood, hurricane, and storm damage and to protect, restore, and improve sandy beaches. This includes doing beach restoration and periodic renourishment for a period of 50 years, even if other administrative actions say otherwise. Preference must be given to places where the Federal Government already spent money for these purposes and to places where the need is caused by federal navigation projects or other federal activities. The Secretary must apply this policy to every shore protection and beach renourishment project, including projects built before November 8, 2007.

Title 33, §426e–1

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In accordance with the Act of July 3, 1930 (33 U.S.C. 426) 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, localities, and private enterprises.

(b)In carrying out the policy under subsection (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); and

(2)areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.

(c)The Secretary shall apply the policy under subsection (a) to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before November 8, 2007).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

July 3, 1930, referred to in subsec. (a), is act

July 3, 1930, ch. 847, 46 Stat. 918. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§426e–1 Shore protection projects