Title 33, Navigation and Navigable WatersRelease 119-110

§426m Collection and Removal of Drift and Debris From Publicly Maintained Commercial Boat Harbors and Adjacent Land and Water Areas

Title 33 › CHAPTER 9 — PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY › SUBCHAPTER I — IN GENERAL › § 426m

Last updated Sep 23, 2026|Official source

Summary

Requires the Secretary of the Army, through the Chief of Engineers, to plan and carry out projects that remove floating and sunken hazards from publicly maintained commercial boat harbors and the land and water right next to them. The Army Corps can start projects costing less than $400,000 without special approval from Congress. The federal government pays two-thirds of each project; the state, city, or local sponsor pays the rest unless the debris is on federal land, in which case the federal government pays all. Local sponsors must provide land, access, and disposal areas, keep the projects maintained, protect the United States from damage claims tied to their work, and control the area so it does not become a new source of debris. They must also try to recover full cleanup costs from identified owners of piers or other sources, or fix those sources. The Chief of Engineers will give technical advice. Drift: floating material that can damage boats. Debris: abandoned or falling structures, sunken vessels, or objects likely to break up and become drift. Money can be appropriated as needed for fiscal years starting after September 30, 1986.

Full Legal Text

Title 33, §426m

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Congressional findings
The Congress finds that drift and debris on or in publicly maintained commercial boat harbors and the land and water areas immediately adjacent thereto threaten navigational safety, public health, recreation, and the harborfront environment.
(b)Responsibility of Secretary of the Army for development of projects; project undertakings exempt from specific Congressional approval
(1)The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for developing projects for the collection and removal of drift and debris from publicly maintained commercial boat harbors and from land and water areas immediately adjacent thereto.
(2)The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake projects developed under paragraph (1) of this subsection without specific congressional approval when the total Federal cost for the project is less than $400,000.
(c)Federal share of costs; responsibility of non-Federal interests in future project development to recover cost or repair sources
The Federal share of the cost of any project developed pursuant to subsection (b) of this section shall be two-thirds of the cost of the project. The remainder of such costs shall be paid by the State, municipality, or other political subdivision in which the project is to be located, except that any costs associated with the collections and removal of drift and debris from federally owned lands shall be borne by the Federal Government. Non-Federal interests in future project development under subsection (b) of this section shall be required to recover the full cost of drift or debris removal from any identified owner of piers or other potential sources of drift or debris, or to repair such sources so that they no longer create a potential source of drift or debris.
(d)Responsibility for providing lands, easements, and right-of-way necessary for projects; agreement to maintain projects and hold United States free from damages; regulation of project area following project completion; technical advice
Any State, municipality, or other political subdivision where any project developed pursuant to subsection (b) of this section is located shall provide all lands, easements, and right-of-way necessary for the project, including suitable access and disposal areas, and shall agree to maintain such projects and hold and save the United States free from any damages which may result from the non-Federal sponsor’s performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Fededal interest shall agree to regulate any project area following project completion so that such area will not become a future source of drift and debris. The Chief of Engineers shall provide technical advice to non-Federal interests on the implementation of this subsection.
(e)Definitions
For the purposes of this section
(1)
(2)the term “debris” includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period.
(f)Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years beginning after September 30, 1986.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (f). Pub. L. 99–662 amended subsec. (f) generally, substituting “such sums as may be necessary for fiscal years beginning after Sept. 30, 1986” for “not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979”.

Reference

Citations & Metadata

Citation

33 U.S.C. § 426m

Title 33, Navigation and Navigable Waters

Last Updated

Sep 23, 2026

Release point: 119-110