United States Code

Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation.

CROSS REFERENCES

Establishment of harbor lines generally, see section 404 of this title.

§ 424. Establishment of pierhead or bulkhead lines in Newport Harbor, California.

The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913, and entitled "Newport Bay, California", showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as shall be prescribed from time to time by the Secretary of the Army. (July 27, 1916, ch. 260, § 3, 39 Stat. 411.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

Section was from the Rivers and Harbors Appropriation Act of 1916.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 424a of this title.

§ 424a. Modification of harbor lines in Newport Harbor, California.

The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of section 424 of this title: Provided, That in his opinion such modification will not injuriously affect the interests of navigation. (Mar. 3, 1925, ch. 467, § 10, 43 Stat. 1197.)

CODIFICATION

TRANSFER OF FUNCTIONS

United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(g) (6) (A) of Title 49, Transportation.

§ 425. Investigations by Secretary of War as to pollution of navigable waters.

CODIFICATION

Section, act June 7, 1924, ch. 316, § 9, 43 Stat. 606, directed Secretary of War to investigate depositing of polluting substances into navigable streams and report the results to Congress not later than two years from June 7, 1924.

§ 426. Investigations concerning erosion of shores of coastal and lake waters.

The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the Chief of Engineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of attendance at Board meetings, not to exceed thirty days per annum, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of section 73b-2 of Title 5. (July 3, 1930, ch. 847, § 2, 46 Stat. 945; July 14, 1960, Pub. L. 86-645, title I, § 103, 74 Stat. 484.)

REFERENCES IN TEXT

Section 73b-2 of Title 5, referred to in text, was, in the original, section 5 of the Administrative Expenses Act

of 1946, as amended, which is now covered by section 5703 of Title 5, Government Organization and Employees.

The Board, referred to in text, was the Beach Erosion Board. For abolition of such Board and the transfer of its functions, see note set out below.

AMENDMENTS

1960-Pub. L. 86-645, among other changes, substituted provisions requiring the three civilian members of the Board to be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection for provisions which required the civilian members to be selected with regard to their special fitness from among the State agencies cooperating with the Department of the Army, and provisions authorizing payment of civilian members at rates not to exceed $100 a day, for not more than 30 days per annum, for provisions which required the States to pay the salaries of the civilian members.

ABOLITION OF THE BEACH EROSION BOARD

Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part: "That the Board established by section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426) [this section], referred to as the Beach Erosion Board, is hereby abolished." For the transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title.

APPLICATION OF EXISTING LAW TO SURVEYS RELATING TO SHORE PROTECTION

Pub. L. 87-874, § 103(b), Oct. 23, 1962, 76 Stat. 1179, provided that: "All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426 [this section]), is modified to the extent inconsistent herewith."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4268, 426c of this title and title 42 section 1962d-5a.

§ 426-1. Coastal Engineering Research Center; establishment; powers and functions.

There shall be established under the Chief of Engineers, United States Army, a Coastal Engineering Research Center which, except as hereinafter provided in section 426-3 of this title, shall be vested with all the functions of the Beach Erosion Board, including the authority to make general investigations as provided in section 426a of this title, and such additional functions as the Chief of Engineers may assign. (Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304.)

CODIFICATION

Section was enacted as part of section 1 of Pub. L. 88172. The remainder of said section 1, abolishing the Beach Erosion Board, is classified as a note under section 426 of this title.

ABOLITION OF THE BEACH EROSION BOARD Section 1 of Pub. L. 88-172 provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426-2 of this title.

§ 426-2. Board on Coastal Engineering Research.

The functions of the Coastal Engineering Research Center established by section 426-1 of this title, shall be conducted with the guidance and advice of a Board on Coastal Engineering Research, constituted by the Chief of Engineers in the same manner as the present Beach Erosion Board. (Pub. L. 88-172, § 2, Nov. 7, 1963, 77 Stat. 305.)

COMPENSATION OF BOARD

Pub. L. 91-611, title I, § 105, Dec. 31, 1970, 84 Stat. 1819, provided that: "The civilian members of the Board on Coastal Engineering Research authorized by the Act of November 7, 1963 (33 U.S.C. 426-2) [this section] may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of attendance at Board meetings, not to exceed thirty days per year, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of 5 U.S.C. 5703 (b), (d), and 5707."

ABOLITION OF THE BEACH EROSION BOARD

Section 1 of Pub. L. 88-172 provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title.

§ 426-3. Transfer of functions of Beach Erosion Board. All functions of the Beach Erosion Board pertaining to review of reports of investigations made concerning erosion of the shores of coastal and lake waters, and the protection of such shores, are hereby transferred to the Board established by section 541 of this title, referred to as the Board of Engineers for Rivers and Harbors. (Pub. L. 88–172, § 3, Nov. 7, 1963, 77 Stat. 305.)

ABOLITION OF THE BEACH EROSION BOARD

Section 1 of Pub. L. 88-172 provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426-1 of this title.

§ 426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; definition of shores.

In addition to participating in cooperative investi. gations and studies with agencies of the various States as authorized in section 426 of this title, it shall be the duty of the Chief of Engineers, through the Coastal Engineering Research Center, to make general investigations with a view to preventing erosion of the shores of the United States by waves and currents and determining the most suitable methods for the protection, restoration, and development of beaches; and to publish from time to time such useful data and information concerning the erosion and protection of beaches and shore lines as the Center and to publish from time to time such useful data and information concerning the erosion and protection of beaches and shore lines as the Board may deem to be of value to the people of the United States. The cost of the general investigations authorized by sections 426a to 426d of this title shall be borne wholly by the United States. As used in said sections, the word "shores" includes the shore lines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, Lake Champlain, and estuaries and bays directly connected therewith. (July 31, 1945, ch. 334, § 1, 59 Stat. 508.)

CODIFICATION

Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426-1, 426d of this title.

§ 426b. Same; applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors.

All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors. (July 31, 1945, ch. 334, § 2, 59 Stat. 508.)

CODIFICATION

Provision for the referral of projects having to do with shore pretection for consideration and recommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Harbors. Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of the investigative functions of the Beach Erosion Board to the Coastal Engineering Research Center, see section 426-1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426a, 426d of this title.

§ 426c. Same; report by Coastal Engineering Research Center.

The Coastal Engineering Research Center, in making its report on any cooperative investigation and studies under the provisions of section 426 of this title, relating to shore protection work shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) the advisability of adopting the project; (b) what public interest, if any, is involved in the proposed improvement; and (c) what share of the expense, if any, should be borne by the United States. (July 31, 1945, ch. 334, § 3, 59 Stat. 508.)

CODIFICATION

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426a, 426d of this title.

§ 426d. Same; payment of expenses.

Any expenses incident and necessary in the undertaking of the general investigations authorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945, for examinations, surveys, and contingencies for rivers and harbors. (July 31, 1945, ch. 334, § 4, 59 Stat. 508.)

ABOLITION OF THE BEACH EROSION BOARD Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center, see sections 426-1 and 426-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426a of this title. § 426e. Federal aid in protection of shores. (a) Declaration of policy.

With the purpose of preventing damage to the shores of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions. (b) Federal contribution; maximum amount; exceptions.

The Federal contribution in the case of any project referred to in subsection (a) of this section shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary of the Army, acting through the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs.

When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term "construction" may be construed for the purposes of sections 426e to 426h of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project shores for a length of time specified by the Chief of Engineers. (d) Shores other than public.

Shores other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protection of nearby public property or if the benefits to those shores are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits.

(e) Authorized plans.

No Federal contributions shall be made with respect to a project under sections 426e to 426h of this

title unless the plan therefor shall have been specifically adopted and authorized by Congress after investigation and study by the Beach Erosion Board under the provisions of section 426 of this title as amended and supplemented, or, in the case of a small project under section 426g of this title; unless the plan therefor has been approved by the Chief of Engineers. (Aug. 13, 1946, ch. 960, § 1, 60 Stat. 1056; July 28, 1956, ch. 768, 70 Stat. 702; Oct. 23, 1962, Pub. L. 87-874, title I, § 103(a) (1)-(3), 76 Stat. 1178; Dec. 31, 1970, Pub. L. 91-611, § 208, 84 Stat. 1829.)

AMENDMENTS

1970 Subsec. (b). Pub. L. 91-611 provided for designation of existing provisions as cls. (1) and (2) by insertion of "(1)" after "except that" and substitution of "(2)" for "and, further, that" and added cl. (3).

1962 Subsec. (b). Pub. L. 87-874, § 103 (a) (1), (2), increased the maximum limit on the amount of Federal contributions from one-third to one-half of the project cost, provided that costs for restoration and protection of Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection of State, county and other publicly owned shore parks and conservation areas may be borne by the Federal Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation and development of natural resources, extend landward enough to include natural features to protect the uplands, and provide essentially full park facilities for public use, all of which meet with the approval of the Chief of Engineers.

Subsec. (e). Pub. L. 87-874, § 103(a) (3), required approval of plans by the Chief of Engineers in the case of a small project under section 426g of this title.

1956-Act July 28, 1956, extended assistance to privately owned shores, to include shores of Territories and possessions, to substitute the term "restoration" for the term "improvement", to define "construction", and to eliminate provisions which authorized Federal aid toward the repair and protection of seawalls constructed by political subdivisions to protect important public highways.

ABOLITION OF THE BEACH EROSION BOARD

Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center, see sections 426-1 and 426-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426g, 426h of this title.

§ 426f. Same; payments to States, etc.

The Secretary of the Army is authorized to reimburse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized projects which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements. (Aug. 13, 1946, ch. 960, § 2, 60 Stat. 1056; July 28, 1956, ch. 768, 70 Stat. 703; Oct. 23, 1962, Pub. L. 87-874, title I, § 103 (a) (4), 76 Stat. 1178.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "title 10, Armed Forces", which in sections 3011-3013 continued the Military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1962-Pub. L. 87-874 substituted provisions which authorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and provide that such reimbursement shall be subject to applicable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress.

1956 Act July 28, 1956, substituted "or other political subdivision involved" for "or political subdivision".

ABOLITION OF THE BEACH EROSION BOARD

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426e, 426h of this title.

§ 426g. Same; authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions.

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 426e of this title, 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 426e (c) of this title: Provided further, That the provisions of local cooperation specified in section 426e of this title shall apply: And provided further, That the work shall be complete in itself and shall not commit the United States to any additional improvement to insure its successful operation, except for participation in periodic beach nourishment in accordance with section 426e (c) of this title, and as may result from the normal procedure applying to projects authorized after submission of survey reports. (Aug. 13, 1946, ch. 960, § 3, 60 Stat. 1056; July 28, 1956, ch. 768, 70 Stat. 703; Oct. 23, 1962, Pub. L. 87-874, title I, § 103 (a) (4), 76 Stat. 1178; Oct. 27, 1965, Pub. L. 89-298, title III, § 310(b), 79 Stat. 1095; Dec. 31, 1970, Pub. L. 91-611, title I, § 112(b), 84 Stat. 1821.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the Military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1970-Pub. L. 91-611 increased authorized annual allotment for Federal share of project construction costs from $10,000,000 to $25,000,000 and the limitation on allotment for any single project from $500,000 to $1,000,000.

1965-Pub. L. 89-298 increased authorized annual allotment for Federal share of project construction costs from $3,000,000 to $10,000,000 and the limitation on allotment for any single project from $400,000 to $500,000.

1962-Pub. L. 87-874 substituted provisions which authorize the Secretary of the Army to undertake small shore and beach projects not specifically authorized by Congress, which otherwise comply with section 426e of this title, and to allot from any civil works appropriations hereafter made, an amount not to exceed $3,000,000 for the Federal share of such projects in any one fiscal year, provide that no such single project shall be allotted more than $400,000, including periodic nourishment, that the provisions of local cooperation shall apply, and that the work shall be complete and not commit the United States to any additional improvement except for periodic beach nourishment, and as may result from procedure applying to projects authorized after submission of survey reports, for provisions which permitted the Chief of Engineers to make advance payments, not exceeding the United States pro rata part of the value of the labor and materials actually put in, and to undertake construction of restoration and protective works under sections 426e426h of this title upon the request of, and contribution of funds by, the interested political subdivision.

1956 Act July 28, 1956, substituted "restoration and protective works under sections 426e-426h of this title" for "improvement and protective works".

TRANSFER OF FUNCTIONS

PROJECTS UNDER CONTRACT FOR CONSTRUCTION ON DECEMBER 31, 1970

Section 112 (c) of Pub. L. 91-611 provided that: "The amendments made by this section [to this section and section 577 (a), (b) of this title] shall not apply to any project under contract for construction on the date of enactment of this Act [Dec. 31, 1970]."

ABOLITION OF THE BEACH EROSION BOARD

Pub. L. 88-172, § 1, Nov. 7, 1963, 77 Stat. 304, provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of the functions of the Beach Erosion Board to the Coastal Engineering Research Center, see sections 426-1 and 426-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h of this title.

§ 426h. Same; definition.

As used in sections 426e to 426h of this title, the word "shores" includes all the shorelines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the

Great Lakes, and lakes, estuaries, and bays directly connected therewith. (Aug. 13, 1946, ch. 960, § 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703.) AMENDMENTS

1956 Act July 28, 1956, reenacted section without change.

ABOLITION OF THE BEACH EROSION BOARD

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426e of this title.

§ 4261. Shore damage prevention; investigation, study, and construction of projects; Federal assumption of cost; limitation on estimated first cost of construction.

The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $1,000,000. (Pub. L. 90-483, title I, § 111, Aug. 13, 1968, 82 Stat. 735).

SS 427 to 430. Repealed. July 31, 1945, ch. 334, § 5, 59 Stat. 508.

Sections, act June 26, 1936, ch. 849, §§ 1--4, 49 Stat. 1982, related to the improvement and protection of beaches and investigations duties, reports and expenses of the Beach Erosion Board, and are now covered by sections 426a-426d of this title. For the abolition of the Beach Erosion Board and the transfer of its functions to the Coastal Engineering Research Center, see sections 426 note and 426-1 of this title.

OIL POLLUTION OF COASTAL WATERS

§§ 431 to 437. Repealed. Pub. L. 91-224, title I, § 108, Apr. 3, 1970, 84 Stat. 113.

Sections 431 to 437, acts June 7, 1934, ch. 316, §§ 1 to 5, 7, 8, 43 Stat. 604 to 606; Nov. 3, 1966, Pub. L. 89-753, title II, § 211(a), 80 Stat. 1252 to 1254, prohibited the discharge of oil from any boat or vessel by any method, means, or manner into or upon the navigable waters of the United States, and adjoining shorelines, and set forth the procedures for the control or elimination of such discharges. The provisions are now covered by section 1151 et seq. of this title.

NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE

§ 441. Deposit of refuse prohibited; penalty. The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to sections 441 to 451b of this title, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine

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