§426j. Placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches

The Secretary of the Army, acting through the Chief of Engineers, is authorized upon request of the State, to place on the beaches of such State beach-quality sand which has been dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches, if the Secretary deems such action to be in the public interest and upon payment by such State of 35 percent of the increased cost thereof above the cost required for alternative methods of disposing of such sand. At the request of the State, the Secretary may enter into an agreement with a political subdivision of the State to place sand on the beaches of the political subdivision of the State under the same terms and conditions required in the first sentence of this section; except that the political subdivision shall be responsible for providing any payments required under such sentence in lieu of the State. In carrying out this section, the Secretary shall give consideration to the schedule of the State, or the schedule of the responsible political subdivision of the requesting State, for providing its share of funds for placing such sand on the beaches of the State or the political subdivision and shall, to the maximum extent practicable, accommodate such schedule.

( Pub. L. 94–587, §145, Oct. 22, 1976, 90 Stat. 2931 ; Pub. L. 99–662, title IX, §933, Nov. 17, 1986, 100 Stat. 4197 ; Pub. L. 100–676, §35, Nov. 17, 1988, 102 Stat. 4031 ; Pub. L. 102–580, title II, §207, Oct. 31, 1992, 106 Stat. 4829 ; Pub. L. 106–53, title II, §217(a), Aug. 17, 1999, 113 Stat. 294 .)

Amendments

1999-Pub. L. 106–53 substituted "35 percent" for "50 percent" in first sentence.

1992-Pub. L. 102–580 substituted last two sentences for former last sentence which read as follows: "In carrying out this section, the Secretary shall give consideration to the State's schedule for providing its share of funds for placing such sand on the beaches of such State and shall, to the maximum extent practicable, accommodate such schedule."

1988-Pub. L. 100–676 inserted at end "In carrying out this section, the Secretary shall give consideration to the State's schedule for providing its share of funds for placing such sand on the beaches of such State and shall, to the maximum extent practicable, accommodate such schedule."

1986-Pub. L. 99–662 inserted "by such State of 50 percent".

Great Lakes Basin

Pub. L. 106–53, title II, §217(b), Aug. 17, 1999, 113 Stat. 294 , provided that: "The Secretary shall work with the State of Ohio, other Great Lakes States, and political subdivisions of the States to fully implement and maximize beneficial reuse of dredged material as provided under section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j)."