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U.S. Code as of:
01/19/04
Section 426i-1. Construction of shoreline protection projects by non-Federal interests
(a) Authority
Non-Federal interests are authorized to undertake shoreline
protection projects on the coastline of the United States, subject
to obtaining any permits required pursuant to Federal and State
laws in advance of actual construction.
(b) Studies and engineering
(1) By non-Federal interests
A non-Federal interest may prepare, for review and approval by
the Secretary, the necessary studies and engineering for any
construction to be undertaken under subsection (a) of this
section.
(2) By Secretary
Upon request of an appropriate non-Federal interest, the
Secretary may undertake all necessary studies and engineering for
any construction to be undertaken under subsection (a) of this
section and provide technical assistance in obtaining all
necessary permits for such construction if the non-Federal
interest contracts with the Secretary to furnish the United
States funds for the studies and engineering during the period
that the studies and engineering will be conducted.
(c) Completion of studies
The Secretary is authorized to complete and transmit to the
appropriate non-Federal interests any study for shoreline
protection which was initiated before October 31, 1992, or, upon
the request of such non-Federal interest, to terminate the study
and transmit the partially completed study to the non-Federal
interest for completion. Studies subject to this subsection shall
be completed without regard to the requirements of subsection (b)
of this section.
(d) Authority to carry out improvement
(1) In general
Any non-Federal interest which has received from the Secretary
pursuant to subsection (b) or (c) of this section a favorable
recommendation to carry out a shoreline protection project or
separable element thereof, based on the results of completed
studies and engineering for the project or element, may carry out
the project or element if a final environmental impact statement
has been filed for the project or element.
(2) Permits
Any plan of improvement proposed to be implemented in
accordance with this subsection shall be deemed to satisfy the
requirements for obtaining the appropriate permits required under
the Secretary's authority and such permits shall be granted
subject to the non-Federal interest's acceptance of the terms and
conditions of such permits if the Secretary determines that the
applicable regulatory criteria and procedures have been
satisfied.
(3) Monitoring
The Secretary shall monitor any project for which permits are
granted under this subsection in order to ensure that such
project is constructed (and, in those cases where such activities
will not be the responsibility of the Secretary, operated and
maintained) in accordance with the terms and conditions of such
permits.
(e) Reimbursement
(1) General rule
Subject to the enactment of appropriation Acts, the Secretary
is authorized to reimburse any non-Federal interest an amount
equal to the estimate of the Federal share, without interest, of
the cost of any authorized shoreline protection project, or
separable element thereof, constructed under this section -
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by such
non-Federal interest and enters into a written agreement with
the non-Federal interest with respect to the project or
separable element (including the terms of cooperation); and
(B) if the Secretary finds, after a review of studies and
engineering prepared pursuant to this section, that
construction of the project or separable element is
economically justified and environmentally acceptable.
(2) Matters to be considered in reviewing plans
In reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary deems appropriate.
(3) Monitoring
The Secretary shall regularly monitor and audit any project for
shore protection constructed under this section by a non-Federal
interest in order to ensure that such construction is in
compliance with the plans approved by the Secretary and that the
costs are reasonable.
(4) Limitation on reimbursements
No reimbursement shall be made under this section unless and
until the Secretary has certified that the work for which
reimbursement is requested has been performed in accordance with
applicable permits or approved plans.
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