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U.S. Code as of:
01/19/04
Section 426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas
(a) Congressional findings
The Congress finds that drift and debris on or in publicly
maintained commercial boat harbors and the land and water areas
immediately adjacent thereto threaten navigational safety, public
health, recreation, and the harborfront environment.
(b) Responsibility of Secretary of the Army for development of
projects; project undertakings exempt from specific Congressional
approval
(1) The Secretary of the Army, acting through the Chief of
Engineers, shall be responsible for developing projects for the
collection and removal of drift and debris from publicly maintained
commercial boat harbors and from land and water areas immediately
adjacent thereto.
(2) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to undertake projects developed under
paragraph (1) of this subsection without specific congressional
approval when the total Federal cost for the project is less than
$400,000.
(c) Federal share of costs; responsibility of non-Federal interests
in future project development to recover cost or repair sources
The Federal share of the cost of any project developed pursuant
to subsection (b) of this section shall be two-thirds of the cost
of the project. The remainder of such costs shall be paid by the
State, municipality, or other political subdivision in which the
project is to be located, except that any costs associated with the
collections and removal of drift and debris from federally owned
lands shall be borne by the Federal Government. Non-Federal
interests in future project development under subsection (b) of
this section shall be required to recover the full cost of drift or
debris removal from any identified owner of piers or other
potential sources of drift or debris, or to repair such sources so
that they no longer create a potential source of drift or debris.
(d) Responsibility for providing lands, easements, and right-of-way
necessary for projects; agreement to maintain projects and hold
United States free from damages; regulation of project area
following project completion; technical advice
Any State, municipality, or other political subdivision where any
project developed pursuant to subsection (b) of this section is
located shall provide all lands, easements, and right-of-way
necessary for the project, including suitable access and disposal
areas, and shall agree to maintain such projects and hold and save
the United States free from any damages which may result from the
non-Federal sponsor's performance of, or failure to perform, any of
its required responsibilities of cooperation for the project.
Non-Fededal (!1) interest shall agree to regulate any project area
following project completion so that such area will not become a
future source of drift and debris. The Chief of Engineers shall
provide technical advice to non-Federal interests on the
implementation of this subsection.
(e) Definitions
For the purposes of this section -
(1) the term "drift" includes any buoyant material that, when
floating in the navigable waters of the United States, may cause
damage to a commercial or recreational vessel; and
(2) the term "debris" includes any abandoned or dilapidated
structure or any sunken vessel or other object that can
reasonably be expected to collapse or otherwise enter the
navigable waters of the United States as drift within a
reasonable period.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years beginning after
September 30, 1986.
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