[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1811

To amend the Act entitled ``An Act authorizing Federal participation in 
   the cost of protecting the shores of publicly owned property'' to 
 confirm and clarify the authority and responsibility of the Secretary 
  of the Army, acting through the Chief of Engineers, to promote and 
   carry out shore protection projects, including beach nourishment 
                   projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 1996

 Mr. Mack (for himself, Mr. Bradley, Mr. Roth, Mr. Lautenberg, and Mr. 
Biden) introduced the following bill; which was read twice and referred 
            to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Act entitled ``An Act authorizing Federal participation in 
   the cost of protecting the shores of publicly owned property'' to 
 confirm and clarify the authority and responsibility of the Secretary 
  of the Army, acting through the Chief of Engineers, to promote and 
   carry out shore protection projects, including beach nourishment 
                   projects, 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 ``Shore Protection Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the beach, shore, and coastal resources of the United 
        States--
                    (A) are critical assets that must be protected, 
                conserved, and restored; and
                    (B) provide economic and environmental benefits 
                that are of national significance;
            (2) a network of healthy and nourished beaches is essential 
        to the economy, competitiveness in world tourism, and safety of 
        coastal communities of the United States;
            (3)(A) the coasts of the United States are an economic 
        asset, supporting 34 percent of national employment, or 
        28,000,000 jobs; and
            (B) the 413 coastal communities of the United States 
        generate $1,300,000,000,000, or \1/3\, of the gross domestic 
        product;
            (4)(A) travel and tourism--
                    (i) is the second largest sector of the economy of 
                the United States; and
                    (ii) contributed over $746,000,000,000 to the gross 
                domestic product in 1995;
            (B) the health of the beaches and shoreline of the United 
        States contributes to this economic benefit, since the leading 
        tourist destinations in the United States are beaches; and
            (C) 85 percent of all tourism-generated revenue in the 
        United States derives from coastal communities;
            (5)(A) the value of the coastline of the United States lies 
        not only in the jobs and revenue that the coastline generates, 
        but also in the families, homes, and businesses that the 
        coastline protects from hurricanes, typhoons, and tropical and 
        extratropical storms;
            (B) almost 50 percent of the total United States population 
        lives in coastal communities; and
            (C) beaches provide protection to prevent the destruction 
        of life and hundreds of billions of dollars worth of property;
            (6) shoreline protection projects can provide ecological 
        and environmental benefits by providing for, or by restoring, 
        marine and littoral habitat;
            (7)(A) the coastline of the United States is a national 
        treasure, visited by millions of Americans and foreign tourists 
        every year;
            (B) over 90,000,000 Americans spend time boating or fishing 
        along the coast each year; and
            (C) the average American spends 10 recreational days per 
        year on the coast; and
            (8) since shoreline protection projects generate positive 
        economic, recreational, and environmental outcomes that benefit 
        the United States as a whole, Federal responsibility for 
        preserving this valuable resource should be maintained.
    (b) Purpose.--The purpose of this Act is to provide for a Federal 
role in shore protection projects, including projects involving the 
replacement of sand, for which the economic and ecological benefits to 
the locality, region, or Nation exceed the costs.

SEC. 3. SHORE PROTECTION.

    (a) In General.--The first section of the Act entitled ``An Act 
authorizing Federal participation in the cost of protecting the shores 
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 
426e), is amended--
            (1) in subsection (a)--
                    (A) by striking ``damage to the shores'' and 
                inserting ``damage to the shores and beaches''; and
                    (B) by striking ``the following provisions'' and 
                all that follows through the period at the end and 
                inserting the following: ``this Act, to promote shore 
                protection projects and related research that encourage 
                the protection, restoration, and enhancement of sandy 
                beaches, including beach restoration and periodic beach 
                nourishment, on a comprehensive and coordinated basis 
                by the Federal Government, States, localities, and 
                private enterprises. In carrying out this policy, 
                preference shall be given to areas in which there has 
                been a Federal investment of funds and areas with 
                respect to which the need for prevention or mitigation 
                of damage to shores and beaches is attributable to 
                Federal navigation projects or other Federal 
                activities.'';
            (2) in subsection (d), by striking ``or from the protection 
        of nearby public property'' and inserting ``, if there are 
        sufficient benefits to local and regional economic development 
        and to the local and regional ecology (as determined under 
        subsection (e)(2)(B)),''; and
            (3) in subsection (e)--
                    (A) by striking ``(e) No'' and inserting the 
                following:
    ``(e) Authorization of Projects.--
            ``(1) In general.--No''; and
                    (B) by adding at the end the following:
            ``(2) Studies.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) recommend to Congress studies 
                        concerning shore protection projects that meet 
                        the criteria established under this Act 
                        (including subparagraph (B)(iii)) and other 
                        applicable law;
                            ``(ii) conduct such studies as Congress 
                        requires under applicable laws; and
                            ``(iii) report the results of the studies 
                        to the appropriate committees of Congress.
                    ``(B) Recommendations for shore protection 
                projects.--
                            ``(i) In general.--The Secretary shall 
                        recommend to Congress the authorization or 
                        reauthorization of shore protection projects 
                        based on the studies conducted under 
                        subparagraph (A).
                            ``(ii) Considerations.--In making 
                        recommendations, the Secretary shall consider 
                        the economic and ecological benefits of a shore 
                        protection project and the ability of the non-
                        Federal interest to participate in the project.
                            ``(iii) Consideration of local and regional 
                        benefits.--In analyzing the economic and 
                        ecological benefits of a shore protection 
                        project, or a flood control or other water 
                        resource project the purpose of which includes 
                        shore protection, the Secretary shall consider 
                        benefits to local and regional economic 
                        development, and to the local and regional 
                        ecology, in calculating the full economic and 
                        ecological justifications for the project.
                            ``(iv) NEPA requirements.--Nothing in this 
                        subparagraph imposes any requirement on the 
                        Army Corps of Engineers under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.).
                    ``(C) Coordination of projects.--In conducting 
                studies and making recommendations for a shore 
                protection project under this paragraph, the Secretary 
                shall--
                            ``(i) determine whether there is any other 
                        project being carried out by the Secretary or 
                        the head of another Federal agency that may be 
                        complementary to the shore protection project; 
                        and
                            ``(ii) if there is such a complementary 
                        project, describe the efforts that will be made 
                        to coordinate the projects.
            ``(3) Shore protection projects.--
                    ``(A) In general.--The Secretary shall construct, 
                or cause to be constructed, any shore protection 
                project authorized by Congress, or separable element of 
                such a project, for which funds have been appropriated 
                by Congress.
                    ``(B) Agreements.--
                            ``(i) Requirement.--After authorization by 
                        Congress, and before commencement of 
                        construction, of a shore protection project or 
                        separable element, the Secretary shall enter 
                        into a written agreement with a non-Federal 
                        interest with respect to the project or 
                        separable element.
                            ``(ii) Terms.--The agreement shall--
                                    ``(I) specify the life of the 
                                project; and
                                    ``(II) ensure that the Federal 
                                Government and the non-Federal interest 
                                will cooperate in carrying out the 
                                project or separable element.
                    ``(C) Coordination of projects.--In constructing a 
                shore protection project or separable element under 
                this paragraph, the Secretary shall, to the extent 
                practicable, coordinate the project or element with any 
                complementary project identified under paragraph 
                (2)(C).
            ``(4) Report to congress.--The Secretary shall report 
        annually to the appropriate committees of Congress on the 
        status of all ongoing shore protection studies and shore 
        protection projects carried out under the jurisdiction of the 
        Secretary.''.
    (b) Requirement of Agreements Prior to Reimbursements.--
            (1) Small shore protection projects.--Section 2 of the Act 
        entitled ``An Act authorizing Federal participation in the cost 
        of protecting the shores of publicly owned property'', approved 
        August 13, 1946 (33 U.S.C. 426f), is amended--
                    (A) by striking ``Sec. 2. The Secretary of the 
                Army'' and inserting the following:

``SEC. 2. REIMBURSEMENTS.

    ``(a) In General.--The Secretary--
                    ``(B) in subsection (a) (as so designated)--
                            ``(i) by striking `local interests' and 
                        inserting `non-Federal interests';
                            ``(ii) by inserting `or separable element 
                        of the project' after `project'; and
                            ``(iii) by inserting `or separable 
                        elements' after `projects' each place it 
                        appears; and
                    ``(C) by adding at the end the following:
    ``(b) Agreements.--
            ``(1) Requirement.--After authorization of reimbursement by 
        the Secretary under this section, and before commencement of 
        construction, of a shore protection project, the Secretary 
        shall enter into a written agreement with the non-Federal 
        interest with respect to the project or separable element.
            ``(2) Terms.--The agreement shall--
                    ``(A) specify the life of the project; and
                    ``(B) ensure that the Federal Government and the 
                non-Federal interest will cooperate in carrying out the 
                project or separable element.''.
            (2) Other shoreline protection projects.--Section 
        206(e)(1)(A) of the Water Resources Development Act of 1992 (33 
        U.S.C. 426i-1(e)(1)(A)) is amended by inserting before the 
        semicolon the following: ``and enters into a written agreement 
        with the non-Federal interest with respect to the project or 
        separable element (including the terms of cooperation)''.
    (c) State and Regional Plans.--The Act entitled ``An Act 
authorizing Federal participation in the cost of protecting the shores 
of publicly owned property'', approved August 13, 1946, is amended--
            (1) by redesignating section 4 (33 U.S.C. 426h) as section 
        5; and
            (2) by inserting after section 3 (33 U.S.C. 426g) the 
        following:

``SEC. 4. STATE AND REGIONAL PLANS.

    ``The Secretary may--
            ``(1) cooperate with any State in the preparation of a 
        comprehensive State or regional plan for the conservation of 
        coastal resources located within the boundaries of the State;
            ``(2) encourage State participation in the implementation 
        of the plan; and
            ``(3) submit to Congress reports and recommendations with 
        respect to appropriate Federal participation in carrying out 
        the plan.''.
    (d) Definitions.--
            (1) In general.--Section 5 of the Act entitled ``An Act 
        authorizing Federal participation in the cost of protecting the 
shores of publicly owned property'', approved August 13, 1946 (as 
redesignated by subsection (c)(1)), is amended--
                    (A) by striking ``Sec. 5. As used in this Act, the 
                word `shores' includes all the shorelines'' and 
                inserting the following:

``SEC. 5. DEFINITIONS.

    ``In this Act:
            ``(1) Secretary.--The term `Secretary' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            ``(2) Separable element.--The term `separable element' has 
        the meaning provided by section 103(f) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2213(f)).
            ``(3) Shore.--The term `shore' includes each shoreline of 
        each''; and
                    (B) by adding at the end the following:
            ``(4) Shore protection project.--The term `shore protection 
        project' includes a project for beach nourishment, including 
        the replacement of sand.''.
            (2) Conforming amendments.--The Act entitled ``An Act 
        authorizing Federal participation in the cost of protecting the 
        shores of publicly owned property'', approved August 13, 1946, 
        is amended--
                    (A) in subsection (b)(3) of the first section (33 
                U.S.C. 426e(b)(3)), by striking ``Secretary of the 
                Army, acting through the Chief of Engineers,'' and 
                inserting ``Secretary,''; and
                    (B) in section 3 (33 U.S.C. 426g), by striking 
                ``Secretary of the Army'' and inserting ``Secretary''.
    (e) Objectives of Projects.--Section 209 of the Flood Control Act 
of 1970 (42 U.S.C. 1962-2) is amended by inserting ``(including shore 
protection projects such as projects for beach nourishment, including 
the replacement of sand)'' after ``water resource projects''.
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