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42 U.S.C. § 1962d–5f — Beach nourishment

submitted 50 years ago by Pub. L. 94-587 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 353 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may continue periodic beach nourishment beyond an initially limited period, but ordinarily not past the fiftieth year after construction begins. At a non-Federal interest’s request, the Secretary must study a possible additional period of up to 50 years and report recommendations to Congress.

(a) The Secretary, through the Chief of Engineers, may provide periodic beach nourishment for a water-resources project for an additional period the Secretary finds necessary when nourishment was authorized only for a limited period. The added period may not extend beyond the fiftieth year beginning on the date construction began. (b)(1) Despite subsection (a), at the non-Federal interest’s request the Secretary must study whether nourishment can continue for up to 50 years beyond that maximum period. (2) Those additional years begin when congressionally authorized nourishment construction begins. (c)(1) As part of the review, the non-Federal interest must give the Secretary a plan to reduce risks to people and property during the project’s life. (2) The Secretary must include the plan in the recommendations to Congress described in subsection (d). (d) After the review, the Secretary must send any related recommendations to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. The Secretary must also include in the next annual report to Congress under 33 U.S.C. § 2282d any recommendation requiring specific congressional authorization. (e) For an existing authorized project whose maximum nourishment period will end during the 16 years beginning June 10, 2014, the project remains eligible for nourishment for 12 additional years after that period ends.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 94–587, § 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99–662, title IX, § 934, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 113–121, title I, § 1037(a), June 10, 2014, 128 Stat. 1235; Pub. L. 114–322, title I, § 1122(j), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115–270, title I, § 1158, Oct. 23, 2018, 132 Stat. 3794; Pub. L. 117–263, div. H, title LXXXI, § 8129(a), Dec. 23, 2022, 136 Stat. 3717.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-587 · 90 Stat. 2933
  • 1986Amended · Pub. L. 99-662 · 100 Stat. 4197
  • 2014Amended · Pub. L. 113-121 · 128 Stat. 1235
  • 2016Amended · Pub. L. 114-322 · 130 Stat. 1647
  • 2018Amended · Pub. L. 115-270 · 132 Stat. 3794
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3717

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-587 on 1976-10-22.

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