Title 42, The Public Health and WelfareRelease 119-110

§1962d–5f Beach Nourishment

Title 42 › CHAPTER 19B — WATER RESOURCES PLANNING › SUBCHAPTER IV — MISCELLANEOUS PROVISIONS › § 1962d–5f

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Army, through the Chief of Engineers, can keep providing periodic beach nourishment for projects that were approved for a limited time. That extension can last as long as needed but cannot go past the 50th year after construction begins. A local or non‑Federal partner can ask the Secretary to study whether nourishment should be extended up to 50 more years beyond that limit. Any extra years start on the date construction began for the approved nourishment. As part of that study, the non‑Federal partner must give a plan to lower risk to people and property during the project’s life. The Secretary must include that plan when sending recommendations to Congress, submit recommendations to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure, and put items needing Congress’s approval into the next annual report to Congress required by law. For projects whose maximum nourishment period would expire within the 16‑year period beginning on June 10, 2014, the project stays eligible for nourishment for 12 more years after that expiration.

Full Legal Text

Title 42, §1962d–5f

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

(a)In general
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)Review
(1)In general
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)Timing
The additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment.
(c)Plan for reducing risk to people and property
(1)In general
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)Inclusion of plan in recommendation to Congress
The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d).
(d)Report to Congress
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)Special rule
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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1962d–5f

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110