[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR263.26]



[Page 361]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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.