[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4775

To direct the Secretary of the Army to mitigate the adverse impacts of 
 shoreline erosion in Brevard County, Florida, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2000

Mr. Weldon of Florida introduced the following bill; which was referred 
          to the Committee on Tranportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Army to mitigate the adverse impacts of 
 shoreline erosion in Brevard County, Florida, 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 ``Brevard County Beach Equity Act of 
2000''.

SEC. 2. EROSION MITIGATION, BREVARD COUNTY, FLORIDA.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Canaveral harbor project.--The term ``Canaveral Harbor 
        Project'' means the Federal project for navigation authorized 
        by section 2 of the Act entitled ``An Act authorizing the 
        construction, repair, and preservation of certain public works 
        on rivers and harbors, and for other purposes'', approved March 
        2, 1945 (59 Stat. 16), as modified by section 101 of the River 
        and Harbor Act of 1962 (76 Stat. 1174).
            (2) Secretary.--The term ``Secretary`` means the Secretary 
        of the Army.
            (3) Shoreline protection project.--The term ``Shoreline 
        Protection Project'' means the Federal project for shoreline 
        protection authorized by section 101(b)(7) of the Water 
        Resources Development Act of 1996 (110 Stat. 3667).
    (b) Study.--
            (1) In general.--The Secretary, in cooperation with 
        interested non-Federal entities, shall conduct a study of the 
        shoreline in Brevard County, Florida, to determine whether any 
        erosion or property damage along the shoreline is attributable 
        to the Canaveral Harbor Project.
            (2) Scope.--The Secretary shall limit the scope of the 
        study conducted under this subsection to a review of existing 
        data, reports, and studies (whether conducted by a Federal or a 
        non-Federal entity), relevant to erosion in Brevard County, 
        Florida.
            (3) Review by independent expert.--
                    (A) In general.--In conducting the study under this 
                subsection, the Secretary shall hire an independent 
                coastal expert to review and report on the data, 
                reports, and studies referred to in paragraph (2).
                    (B) Selection.--The Secretary shall select the 
                expert described in subparagraph (A) from a list of 
                experts approved by the Corps of Engineers, the 
                Canaveral Port Authority, and the County Commission of 
                Brevard County, Florida.
            (4) Treatment of mitigation measures.--In determining the 
        extent and rate of erosion under the study conducted under this 
        subsection, the Secretary shall take into account the effects 
        of each previously implemented measure designed to mitigate 
        erosion or property damage attributable to the Canaveral Harbor 
        Project, except those measures implemented under the Shoreline 
        Protection Project.
    (c) Mitigation.--
            (1) Determination.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall determine, 
        based on the results of the study conducted under subsection 
        (b), whether any measures are necessary to prevent or mitigate 
        erosion or property damage, or to correct or repair past 
        erosion or property damage, attributable to the Canaveral 
        Harbor Project.
            (2) Authority.--After making a determination under 
        paragraph (1), the Secretary shall plan, design, and implement 
        any measures that the Secretary considers to be necessary to 
        prevent, mitigate, correct, or repair, any erosion or property 
        damage that is attributable to the Canaveral Harbor Project.
            (3) Allocation of costs.--Except as provided in paragraph 
        (4), the Federal and non-Federal shares of the costs of 
        implementing any measure under this subsection shall be the 
        same as for the Canaveral Harbor Project.
            (4) Renourishment in certain areas.--
                    (A) Reallocation of costs.--If under paragraph (2) 
                the Secretary carries out any renourishment of a shore 
                or beach located within the boundaries of the area 
                covered by the Shoreline Protection Project, the 
                Secretary shall modify the project cooperation 
                agreement for the Shoreline Protection Project to 
                increase the Federal share of the project costs of 
                initial construction and periodic renourishment to 
                reflect the increased costs incurred by the Secretary.
                    (B) Credit or reimbursement of funds.--Based on any 
                reallocation of costs under subparagraph (A), the 
                Secretary shall credit or reimburse each non-Federal 
                interest for any excess funds it may have expended with 
                respect to the Shoreline Protection Project.
    (d) Repeal.--Section 310 of the Water Resources Development Act of 
1999 (113 Stat. 301) is repealed.
    (e) Funding.--
            (1) Study.--Of the funds made available for the operation 
        or maintenance of the Canaveral Harbor Project, not more than 
        $250,000 may be used by the Secretary to conduct the study 
        described in subsection (b).
            (2) Treatment of costs of mitigation measures.--The costs 
        of any mitigation measure carried out under this section shall 
        be allocated to the Canaveral Harbor Project as operation and 
        maintenance costs.
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