33 U.S.C. § 2803a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2803a - Ocean and coastal resiliency

(a) In general

The Secretary shall conduct studies to determine the feasibility of carrying out Corps of Engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency.

(b) Study

In carrying out the study under subsection (a), the Secretary shall-

(1) as appropriate, coordinate with the heads of other appropriate Federal agencies, the Governors and other chief executive officers of the coastal states, nonprofit organizations, Indian tribes, and other interested parties;

(2) identify Corps of Engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for, and feasibility of, the projects;

(3) give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and the beneficial reuse of dredged materials;

(4) to the maximum extent practicable, use any existing Corps of Engineers plans and data; and

(5) not later than 365 days after initial appropriations for this section, and every five years thereafter subject to the availability of appropriations, complete a study authorized under subsection (a).

(c) Disposition

(1) In general

The Secretary may carry out a project identified in the study pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:

(A) Section 2330(a)-(d) of this title.

(B) Section 2309a(a)-(g) and (i) of this title.

(C) Section 426g(a)-(b) and (c)(1) of this title.

(D) Section 2326(a)-(f) of this title.

(2) Report

For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title.

(d) Requests for projects

The Secretary may carry out a project for a coastal state under this section only at the request of the Governor or chief executive officer of the coastal state, as appropriate.

(e) Definition

In this section, the terms "coastal zone" and "coastal state" have the meanings given such terms in section 1453 of title 16, as in effect on June 10, 2014.

33 U.S.C. § 2803a

Pub. L. 113-121, title IV, §40144014,, 128 Stat. 1321; Pub. L. 114-322, title I, §1183(a), Dec. 16, 2016, 130 Stat. 1678.

EDITORIAL NOTES

CODIFICATIONSection was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of title V of Pub. L. 92-532 popularly known as the National Coastal Monitoring Act, which comprises this chapter.

AMENDMENTS2016-Subsec. (b)(1). Pub. L. 114-322, §1183(a)(1), inserted "Indian tribes," after "nonprofit organizations,". Subsec. (b)(3) to (5). Pub. L. 114-322, §1183(a)(2), (3), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

STATUTORY NOTES AND RELATED SUBSIDIARIES

"SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 113-121 set out as a note under section 2201 of this title.