§1962d–5f — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of the Army, through the Chief of Engineers, can keep doing periodic beach nourishment for projects that were originally approved for only a limited time. The Secretary can extend that work as needed, but not past the 50th year after construction starts. If a non-Federal partner asks, the Secretary must study whether the nourishment period can be extended up to 50 more years beyond that 50-year limit. The extra years would count from the date construction began. The non-Federal partner must give a plan showing how to reduce risks to people and property while the project lasts. After the study, the Secretary must send recommendations to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee, and put any items needing Congress’s approval in the next annual report under 33 U.S.C. 2282d. For projects whose original maximum nourishment period would end within the 16-year period starting June 10, 2014, those projects can get 12 more years of nourishment after that period ends.

Title 42, §1962d–5f

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project where such nourishment has been authorized for a limited period for such additional period as he determines necessary but in no event shall such additional period extend beyond the fiftieth year which begins after the date of initiation of construction of such project.

(b)(1)Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 50 additional years beyond the maximum period described in subsection (a).

(2)The additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment.

(c)(1)As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project.

(2)The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d).

(d)Upon completion of the review described in subsection (b), the Secretary shall—

(1)submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and

(2)include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization.

(e)Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 16-year period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 12 years after the expiration of such period.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

Amendments

2022—Subsec. (b)(1). Pub. L. 117–263, § 8129(a)(1)(A), substituted “50” for “15”. Subsec. (b)(2). Pub. L. 117–263, § 8129(a)(1)(B), struck out “15” before “additional”. Subsec. (e). Pub. L. 117–263, § 8129(a)(2), substituted “16-year period” for “10-year period” and “12 years” for “6 years”. 2018—Subsec. (b). Pub. L. 115–270, § 1158(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 115–270, § 1158(2), substituted “10-year period” for “5 year-period”. 2016—Subsec. (e). Pub. L. 114–322 substituted “6 years” for “3 years”. 2014—Pub. L. 113–121 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). 1986—Pub. L. 99–662 substituted “fiftieth” for “fifteenth”.

§1962d–5f Beach nourishment

Summary

Title 42, §1962d–5f

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata