[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1679 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1679

     To establish a program to develop and demonstrate innovative 
   technologies to combat shoreline erosion, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 18 (legislative day, November 2), 1993

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To establish a program to develop and demonstrate innovative 
   technologies to combat shoreline erosion, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shoreline Erosion Control 
Demonstration Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that it is essential to develop, 
demonstrate, and disseminate innovative technologies to prevent and 
control shoreline erosion because of--
            (1) the importance and increasing interest in the coastal 
        and estuarine zone of the United States;
            (2) the deterioration of the shoreline within the zone 
        resulting from erosion;
            (3) the harm to water quality and marine life from 
        shoreline erosion;
            (4) the loss of recreational potential resulting from 
        shoreline erosion;
            (5) the financial loss to private and public landowners 
        resulting from shoreline erosion;
            (6) the inability of private and public landowners to 
        obtain satisfactory financial and technical assistance to 
        combat shoreline erosion; and
            (7) the loss of structures or landmarks of historic 
        significance.
    (b) Purpose.--It is the purpose of this section to establish a 
program to develop, demonstrate, and disseminate information about 
innovative technologies to combat shoreline erosion.

SEC. 3. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND 
              DEMONSTRATION PROGRAM.

    The Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 
426e et seq.), is amended by adding at the end the following new 
section:

``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND 
              DEMONSTRATION PROGRAM.

    ``(a) Definitions.--As used in this section:
            ``(1) Sheltered waters.--The term `sheltered waters' means 
        tidal waters that are not exposed to the unmitigated forces of 
        open ocean waves and currents.
            ``(2) Cost effective shore protection.--The term `cost 
        effective shore protection' means the most efficient design 
        that can solve the erosion problem at a given site, taking into 
        account the life cycle cost of the project, including cleanup, 
        maintenance, and amortization.
    ``(b) Establishment of National Shoreline Erosion Control 
Development and Demonstration Program.--The Secretary of the Army 
(referred to in this section as the `Secretary'), acting through the 
Chief of Engineers, shall establish and conduct a national shoreline 
erosion control development and demonstration program (referred to in 
this section as the `program') for a period of 8 years beginning on the 
date that funds are made available to carry out this section.
    ``(c) Requirements.--
            ``(1) In general.--The program shall include provisions 
        for--
                    ``(A) planning, designing, and constructing 
                prototype engineered and vegetative shoreline erosion 
                control devices and projects during the first 5 years 
                of the program;
                    ``(B) adequate monitoring of prototypes throughout 
                the duration of the program;
                    ``(C) detailed engineering and environmental 
                reports on the results of each project in the program; 
                and
                    ``(D) technology transfers to private property 
                owners and State and local entities.
            ``(2) Emphasis.--Demonstration projects established 
        pursuant to this section shall emphasize, to the extent 
        practicable--
                    ``(A) the development and demonstration of 
                innovative technologies;
                    ``(B) cost effective shore protection;
                    ``(C) natural designs, including the use of 
                vegetation or temporary structures that minimize 
                permanent structural alterations;
                    ``(D) the avoidance of negative impacts to adjacent 
                shorefront communities;
                    ``(E) in areas with substantial residential or 
                commercial interests adjacent to the shoreline, designs 
                that do not impair their aesthetic appeal;
                    ``(F) the potential for long-term protection 
                afforded by the technology; and
                    ``(G) lessons from evaluations of the original 1974 
                program, including--
                            ``(i) adequate consideration of the 
                        subgrade;
                            ``(ii) proper filtration;
                            ``(iii) durable components;
                            ``(iv) adequate connection between units; 
                        and
                            ``(v) additional relevant information.
            ``(3) Sites.--
                    ``(A) In general.--Shoreline erosion control 
                demonstration projects shall be undertaken at publicly 
                or privately owned sites on open coast or sheltered 
                waters.
                    ``(B) Selection.--The Secretary shall develop site 
                selection criteria, including--
                            ``(i) a variety of geographical and 
                        climatic conditions;
                            ``(ii) the size of the population that is 
                        dependent on the beaches for recreation, 
                        protection of homes, or commercial interests;
                            ``(iii) the rate of erosion;
                            ``(iv) significant natural resources or 
                        habitats and environmentally sensitive areas; 
                        and
                            ``(v) significant threatened historic 
                        structures or landmarks.
                    ``(C) Areas.--Projects shall be undertaken at no 
                less than 2 sites on each of the shores of--
                            ``(i) the Atlantic, Gulf, and Pacific 
                        coasts;
                            ``(ii) the Great Lakes; and
                            ``(iii) the State of Alaska.
    ``(d) Cooperation.--
            ``(1) Parties.--The program shall be carried out in 
        cooperation with--
                    ``(A) the Secretary of Agriculture, particularly 
                with respect to vegetative means of preventing and 
                controlling shoreline erosion;
                    ``(B) Federal, State, and local agencies;
                    ``(C) private organizations;
                    ``(D) the Coastal Engineering Research Center 
                established by the first section of Public Law 88-172 
                (33 U.S.C. 426-1); and
                    ``(E) university research facilities.
            ``(2) Agreements.--Such cooperation may include entering 
        into agreements with other Federal, State, or local agencies or 
        private organizations, to undertake functions in subsection 
        (c)(1) where appropriate.
    ``(e) Reports.--
            ``(1) In general.--The Secretary, acting through the Chief 
        of Engineers, shall annually prepare and submit a program 
        progress report to the Committee on Environment and Public 
        Works of the Senate and the Committee on Public Works and 
        Transportation of the House of Representatives.
            ``(2) General report.--The final report shall be submitted 
        not later than 60 days after the conclusion of the program, and 
        shall include a comprehensive evaluation of the national 
        shoreline erosion control development and demonstration 
        program, and recommendations regarding its continuation.
    ``(f) Funding.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Federal share of the cost of a project under this section shall 
        be determined in accordance with section 3.
            ``(2) Responsibility.--The cost of and responsibility for 
        operation and maintenance of a project, not including 
        monitoring, under the program shall be borne by non-Federal 
        sponsors upon completion of construction of the project.
            ``(3) Cost share adjustment.--The cost share requirements 
        for projects on public lands that provide for full public 
        access may be adjusted by the Secretary for projects in 
        sponsoring communities that are experiencing financial 
        hardship, as defined by the Secretary, at the time the project 
        is selected.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 1(e) of the Act of August 13, 1946 (60 Stat. 1056, chapter 
960; 33 U.S.C. 426e(e)), is amended by striking ``section 3'' and 
inserting ``sections 3 and 5''.

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