33 U.S.C. § 2803a: Ocean and coastal resiliency

Summary

The Secretary must study whether the Army Corps of Engineers can do projects in coastal zones to make ocean and coastal ecosystems more resilient. The study must be done with other federal agencies, state governors, tribes, nonprofits, and others as needed. It must find Corps projects that are needed, possible, and useful, giving priority to communities threatened by rising sea level. Examples include shoreline and tidal marsh restoration, dune habitat work to protect coastal infrastructure, lowering future emergency repair costs, and useful reuse of dredged material. The study should use existing Corps plans and data when possible and must be finished within 365 days after the first money is provided, and every five years after if funds are available. The Secretary may carry out projects found in the study under the existing Corps authorities listed in the law. If a project does not meet those authorities, the Secretary must recommend it in the annual report to Congress. A project for a coastal state can only start if the state’s Governor or chief executive asks for it. “Coastal zone” and “coastal state” mean what section 1453 of title 16 said on June 10, 2014.

Title 33, §2803a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency.

(b)Study

In carrying out the study under subsection (a), the Secretary shall—

(1)as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive officers of the coastal states, nonprofit organizations, Indian tribes, and other interested parties;

(2)identify Corps of Engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for, and feasibility of, the projects;

(3)give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and the beneficial reuse of dredged materials;

(4)to the maximum extent practicable, use any existing Corps of Engineers plans and data; and

(5)not later than 365 days after initial appropriations for this section, and every five years thereafter subject to the availability of appropriations, complete a study authorized under subsection (a).

(c)Disposition

(1)In general

The Secretary may carry out a project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:

(A)section 2330(a)–(d) of this title.

(B)section 2309a(a)–(g) and (i) of this title.

(C)section 426g(a)–(b) and (c)(1) of this title.

(D)section 2326(a)–(f) of this title.

(2)Report

For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title.

(d)Requests for projects

The Secretary may carry out a project for a coastal state under this section only at the request of the Governor or chief executive officer of the coastal state, as appropriate.

(e)Definition

In this section, the terms “coastal zone” and “coastal state” have the meanings given such terms in section 1453 of title 16, as in effect on June 10, 2014.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of title V of Pub. L. 92–532, popularly known as the National Coastal Monitoring Act, which comprises this chapter.

Amendments

2016—Subsec. (b)(1). Pub. L. 114–322, § 1183(a)(1), inserted “Indian tribes,” after “nonprofit organizations,”. Subsec. (b)(3) to (5). Pub. L. 114–322, § 1183(a)(2), (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§2803a Ocean and Coastal Resiliency