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33 U.S.C. § 426pCorps of Engineers

submitted 38 years ago by Pub. L. 100-707 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 262 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Army may give emergency help, like sandbags, to reduce damage from high Great Lakes water levels, but cannot build permanent structures. The Secretary must also share information on water levels and relief options. When issuing certain permits, the Secretary must consider flooding and erosion the work might cause elsewhere.

(a) Technical and other assistance. The Secretary of the Army may: (1) give emergency help to prevent or reduce damage from high Great Lakes water levels, including sandbags, sheeting, stones, and other armoring — accounting for any flooding or erosion that help might cause to other property — but not including building permanent structures; (2) give technical assistance to individuals and local governments on ways to prevent or reduce such damage; and (3) collect and share information on Great Lakes water levels, damage-prevention techniques, and emergency relief available to people economically hurt by high water levels. (b) Issuance of permits. When issuing a permit under section 403 or section 1344 for any activity supported under this title, the Secretary of the Army must take into account flooding and erosion that activity might cause to other property. When issuing such permits for a project that dredges any part of the Great Lakes, the Secretary must, when feasible, encourage using the nonhazardous, compatible sand from that dredging to stabilize eroding shorelines nearby, consulting with affected state and local governments in doing so.
the actual law source: uscode.house.gov ↗public domain
(a) Technical and other assistance

The Secretary of the Army may—

(1)

provide emergency assistance to prevent or reduce damage attributable to high water levels in the Great Lakes, including provision of sandbags, sheeting, and stones and other armoring devices (taking account of flooding and erosion of other property which may be caused by such activity) but not including construction of permanent structures;

(2)

provide technical assistance to individuals and local governments with respect to measures to prevent or reduce such damage; and

(3)

compile and disseminate information on—

(A)

water levels of the Great Lakes,

(B)

techniques for prevention or reduction of such damage, and

(C)

emergency relief available to persons who suffer economic injury attributable to high water levels in the Great Lakes.

(b) Issuance of permits
(1) Consideration of flooding and erosion

In issuing a permit under—

(A)

section 403 of this title; or

(B)

section 1344 of this title;

for any activity carried out with assistance under this title, the Secretary of the Army shall take account of flooding and erosion of other property which may be caused by such activity.

(2) Bank stabilization
(A) General rule

In issuing permits under sections 403 and 1344 of this title for a project involving dredging of any portion of the Great Lakes, the Secretary of the Army shall, if feasible, encourage for bank stabilization purposes the disposal of nonhazardous compatible sand from such project on shorelines affected by erosion.

(B) Consultation

In carrying out subparagraph (A), the Secretary of the Army shall consult affected State and local governments.

Source credit: (Pub. L. 100–707, title II, § 203, Nov. 23, 1988, 102 Stat. 4712.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-707 · 102 Stat. 4712

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-707 on 1988-11-23.

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