33 U.S.C. § 426m — Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

(a) Congressional findings. Congress finds that drift and debris in or near publicly maintained commercial boat harbors threaten navigational safety, public health, recreation, and the harborfront environment.

(b) Responsibility of the Secretary of the Army. The Secretary of the Army, through the Chief of Engineers, is responsible for developing projects to collect and remove drift and debris from publicly maintained commercial boat harbors and nearby land and water areas. The Secretary may carry out these projects without needing specific congressional approval, as long as the total federal cost is under $400,000.

(c) Federal share of costs. The federal government pays two-thirds of the cost of a project developed under subsection (b). The rest is paid by the state, city, or other local government where the project is located, except that costs for removing drift and debris from federally owned land are paid entirely by the federal government. Going forward, non-federal partners must try to recover the full cost of removing drift or debris from whoever owns the piers or other sources that caused it, or make the owner repair the source so it stops creating drift or debris.

(d) Responsibilities of local governments. A state, city, or other local government hosting a project under subsection (b) must provide all the land, easements, and rights-of-way the project needs, including access and disposal areas. It must also agree to maintain the project and protect the United States from any damages caused by the local partner's failure to meet its responsibilities. After the project is done, the local partner must agree to regulate the area so it doesn't become a new source of drift and debris. The Chief of Engineers must give the local partner technical advice on carrying out these duties.

(e) Definitions. "Drift" means any buoyant material floating in navigable U.S. waters that could damage a commercial or recreational boat. "Debris" means any abandoned or run-down structure, sunken vessel, or other object that could reasonably be expected to collapse or fall into navigable U.S. waters and become drift within a reasonable time.

(f) Authorization of appropriations. Congress authorizes whatever sums are necessary to carry out this section, for fiscal years starting after September 30, 1986.