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

Summary

The Secretary of the Army can give emergency help to stop or reduce damage from high water in the Great Lakes. That help can include sandbags, sheeting, stones and other temporary armoring, but not building permanent structures. The Army must consider that these actions could cause flooding or erosion to other property. It can also give technical help to people and local governments and share info on water levels, prevention methods, and emergency relief for economic losses. When issuing permits for dredging in the Great Lakes, the Army should, if feasible, encourage using nonhazardous, compatible sand from the dredging to rebuild or stabilize eroded shorelines. The Army must consult affected state and local governments when doing this.

Title 33, §426p

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary of the Army may—

(1)provide emergency assistance to prevent or reduce damage attributable to high water levels in the Great Lakes, including provision of sandbags, sheeting, and stones and other armoring devices (taking account of flooding and erosion of other property which may be caused by such activity) but not including construction of permanent structures;

(2)provide technical assistance to individuals and local governments with respect to measures to prevent or reduce such damage; and

(3)compile and disseminate information on—

(A)water levels of the Great Lakes,

(B)techniques for prevention or reduction of such damage, and

(C)emergency relief available to persons who suffer economic injury attributable to high water levels in the Great Lakes.

(b)(1)In issuing a permit under—

(A)section 403 of this title; or

(B)section 1344 of this title;

(2)(A)In issuing permits under section 403 and 1344 of this title for a project involving dredging of any portion of the Great Lakes, the Secretary of the Army shall, if feasible, encourage for bank stabilization purposes the disposal of nonhazardous compatible sand from such project on shorelines affected by erosion.

(B)In carrying out subparagraph (A), the Secretary of the Army shall consult affected State and local governments.

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This title, referred to in subsec. (b)(1), is title II of Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4711, known as the “Great Lakes Planning Assistance Act of 1988”. For complete classification of this Act to the Code, see

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note below and Tables.

Statutory Notes and Related Subsidiaries

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Pub. L. 100–707, title II, § 201, Nov. 23, 1988, 102 Stat. 4711, provided that: “This title [enacting this section, amending sections 3501 to 3503 of Title 16, Conservation, and enacting provisions set out as notes under this section and section 3501 and 3505 of Title 16] may be cited as the ‘Great Lakes Planning Assistance Act of 1988’.” Great Lakes Damage Assistance and Prevention; Damage Assistance Program Pub. L. 100–707, title II, § 202, Nov. 23, 1988, 102 Stat. 4711, provided that: “(a) In General.—The Director is authorized to provide assistance to Great Lakes States in the establishment of State programs to reduce and prevent damage attributable to high water levels in the Great Lakes. “(b) Grants.—Upon application by a Great Lakes State within 1 year after the date of enactment of this Act [Nov. 23, 1988], the Director may make a one-time grant to the State of not more than $250,000 for use by the State for—“(1) preparation of plans for mitigation, warning, emergency operations, and emergency assistance; “(2) coordination of available State and Federal assistance; “(3) development and implementation of nonstructural measures to reduce or prevent damage attributable to high water levels in the Great Lakes, including establishment of setback requirements and other conditions on

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and re

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of public and private facilities, mapping of flooding zones, and technical assistance; and “(4) assisting local governments in developing and implementing plans for nonstructural reduction and prevention of damages attributable to high water levels in the Great Lakes. “(c) Technical Assistance.—The Director may provide technical assistance to Great Lakes States for carrying out any activity carried out with assistance under this section. “(d) State Matching.—A State which receives a grant under this section shall match the grant with an amount of funds from non-Federal sources equal to 25 percent of the amount of the grant. “(e) Authorization.—There are authorized to be appropriated for making grants under this section not more than $2,000,000 for fiscal years beginning after September 30, 1988.” Great Lakes Damage Assistance and Prevention; Definitions Pub. L. 100–707, title II, § 205, Nov. 23, 1988, 102 Stat. 4715, as amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: “For purposes of this title [see

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note above]— “(1) Director.—The term ‘Director’ means the Administrator of the Federal Emergency Management Agency. “(2) High water levels.—The term ‘high water levels’ means water levels above the long-term average of water levels from 1900. “(3) Local government.—The term ‘local government’ means a county, city, village, town, district, or other political subdivision of a Great Lakes State and an Indian tribe or authorized tribal organization. “(4) Great lakes state.—The term ‘Great Lakes State’ means Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York.”

§426p Corps of Engineers

Summary

Title 33, §426p

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Statutory Notes and Related Subsidiaries

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