Table 1. Matrix of Laws Relating to Beach Nourishment

Law Provisions Relevance
P.L. 71-520 of 1930 Authorized the USACE to conduct shoreline erosion control studies (not construction) in cooperation with state governments; the Beach Erosion Board (BEB) was also established. First federal involvement in shoreline protection activities.
P.L. 79-727 of 1946 Expanded the use of federal funds to now include one third of construction costs in addition to the studies for projects along publicly owned shores. Expanded federal involvement as a result of major hurricanes.
Submerged Lands Act of 1953 (43 USC 1301 and following) Gave coastal states authority over the resources of submerged lands from the shore out to three miles seaward. Affected the availability of offshore sand for beach nourishment.
Outer Continental Shelf Lands Act of 1953 (43 USC 1331 and following) Provided for the federal government to manage the mineral resources of the OCS lying on or under the seabed that extends seaward from state waters out to the edge of the shelf. Affected the availability of offshore sand for beach nourishment.
P.L. 84-826 of 1956 Expanded the authority for federal shore protection to include privately owned shores where substantial public benefits would result; also defined periodic renourishment as construction for the protection of shores for a period of usually ten years. Federal authority now included shore protection on privately owned shores where public benefits result.
River and Harbor Act (33 USC 401 and following) of 1962 (P.L. 87-874) and 1968 (P.L. 980-483)
  • Under Section 103 (33 USC 426g), the Corps was authorized to participate in the cost of protecting the shores of publicly owned property and private property where public benefits result; increased federal aid from one third to 100 percent for shore protection study costs leading to authorization; also increased federal participation in the cost of beach erosion and shore protection to 50 percent of the construction cost when the beaches were publicly owned or used, and 70 percent for seashore parks and conservation areas when certain conditions of ownership and use of the beaches were met.
  • Under Section 111 (33 USC 426i), mitigation could be conducted for shoreline erosion that results from federal navigation works.
Resulted in a large number of studies and subsequent authorizations in the 1950's and 60's; Required USACE to fund mitigation for downdrift erosion caused by federal navigation works.
P.L. 88-172 of 1963 Established the Coastal Engineering Research Board (CERB) and the Coastal Engineering Research Center (CERC), replacing the Beach Erosion Board. Resulted from increased need for additional engineering and study in the area of beach erosion, coupled with increased beach development and more demand for erosion relief from the federal government.
Coastal Zone Management Act of 1972 (16 USC 1451 and following) (P.L. 92-583) Required all federal agencies with activities directly affecting the coastal zone, or with development projects within the zone, to assure that those activities or projects are consistent with the approved state Coastal Zone Management Program. Established a national program to assist the states in comprehensively managing the nation's coastal resources through wise management practices. Encouraged coastal zone management and provided grants (Section 306A) for maintaining coastal areas.
Coastal Barrier Resources Act of 1982 (16 USC 3501 and following) (P.L. 97-384) Established the Coastal Barrier Resources System (CBRS); areas in the CBRS may no longer receive federal financial assistance for new construction or improvements. The CBRS was greatly expanded with the passage of the Coastal Barrier Improvement Act (CBIA) of 1990 (P.L. 101-591). The intent of the law was to discourage development. The law applied only to areas within the defined CBRS.
Water Resources Development Act (33 USC 2201 and following) of 1976 (P.L. 94-587), 1986 (P.L. 99-662), 1988 (P.L. 100-676), 1992 (P.L. 102-580), 1996 (P.L. 104-303), 1999 (P.L. 106-53), and 2000 (P.L. 106-541) Established a broad congressional policy to encourage conservation efforts among federal, state, and local governments. Authorized the Secretary of the Army to construct, operate, and maintain any water resource development project. The resource development projects over which the USACE currently maintains jurisdiction are navigation, flood control, shore protection, and beach renourishment projects. Authorized beach nourishment projects. Set cost-sharing percentage, with a general trend to reduce federal percentage and increase non-federal percentage (will be 50/50 by 2003).
Shore Protection Act of 1996 (Section 227 of the WRDA of 1996) (33 USC 2601 and following) Recommended funding for shore protection project studies and construction. Rejected the Administration's position of not authorizing funding for new projects.
National Environmental Policy Act of 1969 (42 USC 4321 and following) Required federal agencies to evaluate the environmental impacts associated with major actions they fund, support, permit, or implement. Required that actions be the least environmentally damaging practicable alternative. Most beach nourishment projects have the potential for adverse impacts and will trigger a required NEPA analysis.
Clean Water Act (33 USC 1251 and following) Under section 404, a permit was required for the discharge of dredged or fill materials into the waters of the U.S. The USACE has the permitting authority for the 404 program. Proponents of beach nourishment projects must obtain a Section 404 permit.
Endangered Species Act (16 USC 1531 and following) Federal agencies must review actions they undertake or support to determine whether they may affect endangered species or their habitats; agency must consult with the USFWS. Significant impacts on beach nourishment projects; limitations on construction typically exclude construction in certain seasons, for example, the nesting season for sea turtles on the Atlantic and Gulf Coasts. There are short-term environmental impacts associated with both removing the sand from the source and depositing it onto the beach.
National Historic Preservation Act (16 USC 470 and following) Federal agencies must consider the effects of their undertakings (including the issuance of permits, the expenditure of federal funding, and the initiation of federal projects) on historic resources that are either eligible for listing or are listed on the National Register of Historic Places. Areas worthy of historic preservation must be avoided in the beach nourishment site selection process.