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U.S. Code as of:
01/19/04
Section 426h. National shoreline erosion control development and demonstration program
(a) Establishment of erosion control program
The Secretary shall establish and conduct a national shoreline
erosion control development and demonstration program for a period
of 6 years beginning on the date that funds are made available to
carry out this section.
(b) Requirements
(1) In general
The erosion control program shall include provisions for -
(A) projects consisting of planning, designing, and
constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3 years of
the erosion control program;
(B) adequate monitoring of the prototypes throughout the
duration of the erosion control program;
(C) detailed engineering and environmental reports on the
results of each demonstration project carried out under the
erosion control program; and
(D) technology transfers to private property owners and State
and local entities.
(2) Emphasis
The projects carried out under the erosion control program
shall emphasize, to the extent practicable -
(A) the development and demonstration of innovative
technologies;
(B) efficient designs to prevent erosion at a shoreline site,
taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
(C) natural designs, including the use of vegetation or
temporary structures that minimize permanent structural
alterations;
(D) the avoidance of negative impacts to adjacent shorefront
communities;
(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not impair
the aesthetic appeal of the interests;
(F) the potential for long-term protection afforded by the
technology; and
(G) recommendations developed from evaluations of the
original 1974 program established under the Shoreline Erosion
Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88
Stat. 26), including -
(i) adequate consideration of the subgrade;
(ii) proper filtration;
(iii) durable components;
(iv) adequate connection between units; and
(v) consideration of additional relevant information.
(3) Sites
(A) In general
Each project under the erosion control program shall be
carried out at a privately owned site with substantial public
access, or a publicly owned site, on open coast or on tidal
waters.
(B) Selection
The Secretary shall develop criteria for the selection of
sites for the projects, including -
(i) a variety of geographical and climatic conditions;
(ii) the size of the population that is dependent on the
beaches for recreation, protection of homes, or commercial
interests;
(iii) the rate of erosion;
(iv) significant natural resources or habitats and
environmentally sensitive areas; and
(v) significant threatened historic structures or
landmarks.
(C) Areas
Projects under the erosion control program shall be carried
out at not fewer than -
(i) 2 sites on each of the shorelines of the Atlantic and
Pacific coasts, including the city of Miami Beach, Florida;
(ii) 2 sites on the shoreline of the Great Lakes; and
(iii) 1 site on the shoreline of the Gulf of Mexico.
(4) Determination of feasibility
Implementation of a project under this section is contingent
upon a determination by the Secretary that such project is
feasible.
(c) Consultation
(1) Parties
The Secretary shall carry out the erosion control program in
consultation with -
(A) the Secretary of Agriculture, particularly with respect
to vegetative means of preventing and controlling shoreline
erosion;
(B) Federal, State, and local agencies;
(C) private organizations;
(D) the Coastal Engineering Research Center established under
section 426-1 of this title; and
(E) university research facilities.
(2) Agreements
The consultation described in paragraph (1) may include
entering into agreements with other Federal, State, or local
agencies or private organizations to carry out functions
described in subsection (b)(1) of this section when appropriate.
(d) Report
Not later than 60 days after the conclusion of the erosion
control program, the Secretary shall prepare and submit an erosion
control program final report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The report shall
include a comprehensive evaluation of the erosion control program
and recommendations regarding the continuation of the erosion
control program.
(e) Funding
(1) Responsibility
The cost of and responsibility for operation and maintenance
(excluding monitoring) of a demonstration project under the
erosion control program shall be borne by non-Federal interests
on completion of construction of the demonstration project.
(2) Authorization of appropriations
There is authorized to be appropriated $21,000,000 to carry out
this section.
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