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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 1962d5f Beach nourishment us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 19B WATER RESOURCES PLANNING 1962d5f 42 U.S.C. § 1962d5f current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1962d5f data/legal/raw/us/code/title-42/usc42.xml dea084ba8cfa06071dbab4e66422b17ee138776edeba246b3aba2ba0a5e69acc 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 001370fafa9ba6280d3914fe1d0f462430f57639b56840465edcbcba4c96294b 2026-07-04 official
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42 U.S.C. § 1962d5f - Beach nourishment

Text

(a) In general The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide periodic beach nourishment in the case of each water resources development project where such nourishment has been authorized for a limited period for such additional period as he determines necessary but in no event shall such additional period extend beyond the fiftieth year which begins after the date of initiation of construction of such project.

(b) Review (1) In general Notwithstanding subsection (a), the Secretary shall, at the request of the non-Federal interest, carry out a study to determine the feasibility of extending the period of nourishment described in subsection (a) for a period not to exceed 50 additional years beyond the maximum period described in subsection (a).

(2) Timing The additional years provided under paragraph (1) shall begin on the date of initiation of construction of congressionally authorized nourishment.

(c) Plan for reducing risk to people and property (1) In general As part of the review described in subsection (b), the non-Federal interest shall submit to the Secretary a plan for reducing risk to people and property during the life of the project.

(2) Inclusion of plan in recommendation to Congress The Secretary shall include the plan described in subsection (a) in the recommendations to Congress described in subsection (d).

(d) Report to Congress Upon completion of the review described in subsection (b), the Secretary shall—

(1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any recommendations of the Secretary related to the review; and

(2) include in the subsequent annual report to Congress required under section 2282d of title 33, any recommendations that require specific congressional authorization.

(e) Special rule Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 16-year period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 12 years after the expiration of such period.

(Pub. L. 94587, § 156, Oct. 22, 1976, 90 Stat. 2933; Pub. L. 99662, title IX, § 934, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 113121, title I, § 1037(a), June 10, 2014, 128 Stat. 1235; Pub. L. 114322, title I, § 1122(j), Dec. 16, 2016, 130 Stat. 1647; Pub. L. 115270, title I, § 1158, Oct. 23, 2018, 132 Stat. 3794; Pub. L. 117263, div. H, title LXXXI, § 8129(a), Dec. 23, 2022, 136 Stat. 3717.)

Notes

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

Amendments2022—Subsec. (b)(1). Pub. L. 117263, § 8129(a)(1)(A), substituted “50” for “15”. Subsec. (b)(2). Pub. L. 117263, § 8129(a)(1)(B), struck out “15” before “additional”. Subsec. (e). Pub. L. 117263, § 8129(a)(2), substituted “16-year period” for “10-year period” and “12 years” for “6 years”. 2018—Subsec. (b). Pub. L. 115270, § 1158(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 115270, § 1158(2), substituted “10-year period” for “5 year-period”. 2016—Subsec. (e). Pub. L. 114322 substituted “6 years” for “3 years”. 2014—Pub. L. 113121 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). 1986—Pub. L. 99662 substituted “fiftieth” for “fifteenth”.