In general
The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary.
Cost sharing
The costs of implementing measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project causing the shore damage.
Requirement for specific authorization
No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $15,000,000.
Coordination
Reimbursement for feasibility studies
Beginning on , in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).
Pub. L. 90–483, title I, § 11182 Stat. 735Pub. L. 99–662, title IX100 Stat. 4191Pub. L. 106–53, title II, § 214113 Stat. 291Pub. L. 113–121, title I, § 1030(c)128 Stat. 1232Pub. L. 114–322, title I, § 1169130 Stat. 1671Pub. L. 115–270, title I, § 1157(c)132 Stat. 3794Pub. L. 118–272, div. A, title I, § 1107(h)138 Stat. 3005(, , ; , §§ 915(f), 940, , , 4199; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 118–2722025—Subsec. (c). substituted “$15,000,000” for “$12,500,000”.
Pub. L. 115–2702018—Subsec. (c). substituted “$12,500,000” for “$10,000,000”.
Pub. L. 114–322, § 1169(1)2016—Subsec. (b). , substituted “measures, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project” for “measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project”.
Pub. L. 114–322, § 1169(2)Subsec. (e). , added subsec. (e).
Pub. L. 113–1212014—Subsec. (c). substituted “$10,000,000” for “$5,000,000”.
Pub. L. 106–531999— designated first sentence as subsec. (a), inserted heading, and inserted “and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway” after “navigation works”, designated second sentence as subsec. (b) and inserted heading, and designated third sentence as subsec. (c), inserted heading, and substituted “$5,000,000” for “$2,000,000”, and added subsec. (d).
Pub. L. 99–662, § 9401986—, amended section generally. Prior to amendment, section read as follows: “The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $2,000,000.”
Pub. L. 99–662, § 915(f), substituted “$2,000,000” for “$1,000,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
section 915(f) of Pub. L. 99–662section 915(i) of Pub. L. 99–662section 426g of this titleAmendment by not applicable to any project under contract for construction on , see , set out as a note under .
Coastal Erosion
Pub. L. 115–270, title I, § 1172132 Stat. 3799