[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR263.26]

[Page 352]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 263--CONTINUING AUTHORITIES PROGRAMS--Table of Contents
 
                   Subpart D--Shore Protection Policy
 
Sec. 263.26  Small beach erosion control project authority (Section 103).


    (a) Legislative authority. Section 103(a) of the River and Harbor 
Act of 1962, as amended by section 310 of the River and Harbor Act of 
1965 and by section 112 of the River and Harbor Act of 1970, amends 
section 3 of Pub. L. 826, 84th Congress to read as follows:

    The Secretary of the Army is authorized to undertake construction of 
small shore and beach restoration and protection projects not 
specifically authorized by Congress, which otherwise comply with Section 
1 of this Act, when he finds that such work is advisable, and he is 
further authorized to allot from any appropriations hereafter made for 
civil works, not to exceed $25,000,000 for any one fiscal year for the 
Federal share of the costs of construction of such projects: Provided, 
That not more than $1,000,000 shall be allotted for this purpose for any 
single project and the total amount allotted shall be sufficient to 
complete the Federal participation in the project under this section 
including periodic nourishment as provided for under section 1(c) of 
this Act: Provided further, That the work shall be complete in itself 
and shall not commit the United States to any additional improvements to 
insure its successful operation, except for participation in periodic 
beach nourishment in accordance with section 1(c) of this Act, and, as 
may result from the normal procedure applying to projects authorized 
after submission of survey reports.

    (b) Periodic nourishment. When it can be demonstrated as being part 
of the best plan to meet project objectives and a more economical 
remedial measure than others, provision for periodic nourishment may be 
recommended. The recommended Federal participation in periodic 
nourishment will be limited to a specific period of time. The total 
project costs shall include both initial construction and periodic 
nourishment.
    (c) Local cooperation. The provisions of ER 1120-2-110 and ER 1165-
2-19 are applicable.