33 U.S.C. § 426e — Federal aid in protection of shores

(a) Declaration of policy. It is U.S. policy to prevent damage to the nation's shores and beaches and to encourage healthy recreation, by promoting shore-protection projects and related research — including beach restoration and periodic beach nourishment — done jointly by the federal government, states, localities, and private groups. Preference goes to areas where the federal government has already invested money, and to areas where the damage is caused by federal navigation projects or other federal activity. (b) Federal contribution; maximum amount; exceptions. Normally, the federal share of a project's cost cannot exceed half, with the rest paid by the state, city, or other local government where the project sits. Three exceptions raise the federal share: (1) costs for protecting federal property are paid entirely by the federal government; (2) for publicly owned shore parks and conservation areas, the Chief of Engineers may raise the federal share to up to 70 percent of the cost (not counting land costs), but only if the area excludes permanent housing, includes recreational beaches, meets conservation standards, extends far enough inland to protect natural features like dunes, and provides full public park facilities, all subject to the Chief of Engineers' approval; and (3) for hurricane-protection projects, the Secretary may likewise raise the federal share to up to 70 percent of costs excluding land. (c) Periodic beach nourishment; "construction" defined. When the Chief of Engineers decides that periodically adding sand to a beach is the most suitable and economical fix, the term "construction," for sections 426e through 426h–1, can include that ongoing sand nourishment for however long the Chief of Engineers specifies. (d) Shores other than public. Non-public shores can still get federal help if the public benefits — for example, from public use of the shore or protection of nearby public property — or if benefits to those shores are just a side effect of a project. The federal contribution is adjusted based on how much benefit results. (e) Authorization of projects. (1) In general: no federal money can go to a project under sections 426e through 426h–1 unless Congress has specifically adopted and authorized the plan, following study by the Coastal Engineering Research Center, or, for a small project under section 426g or 426h, unless the Chief of Engineers has approved the plan. (2) Studies: the Secretary must recommend to Congress which shore-protection studies to conduct, must carry out the studies Congress requires, and must report study results to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. In recommending projects to Congress based on those studies, the Secretary must weigh their economic and ecological benefits. When studying or recommending a project, the Secretary must also check whether another project — run by the Secretary or another federal agency — could complement it, and if so, describe how the two projects will be coordinated. (3) Shore protection projects: the Secretary must build, or have built, any shore-protection project Congress has authorized and funded. Before construction begins on an authorized project, the Secretary must sign a written agreement with a non-federal partner that spells out how long the project will last and confirms that the federal government and the partner will cooperate in carrying it out. While building the project, the Secretary must, as much as practical, coordinate with any complementary project identified earlier.