[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5137 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5137

   To authorize the Secretary of the Army to make beneficial use of 
       dredged material for shoreline protection and restoration.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2002

 Mr. Jones of North Carolina (for himself and Mr. McIntyre) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

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                                 A BILL


 
   To authorize the Secretary of the Army to make beneficial use of 
       dredged material for shoreline protection and restoration.

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

SECTION 1. BENEFICIAL USE OF DREDGED MATERIAL FOR SHORELINE PROTECTION 
              AND RESTORATION.

    (a) In General.--For purposes of shoreline protection and 
restoration, the Secretary of the Army may dispose of dredged material 
from the construction, operation, or maintenance of an authorized 
navigation project using a disposal method other than the least-cost 
disposal option if the Secretary determines that the additional cost of 
using the disposal method is justified by the benefits, including storm 
damage reduction, environmental, and recreation benefits.
    (b) Cooperative Agreement.--A disposal of dredged material 
undertaken pursuant to this section shall be initiated only upon the 
request of non-Federal interests and only after the non-Federal 
interests have entered into a cooperative agreement in which the non-
Federal interests agree to provide 35 percent of the costs associated 
with the disposal.
    (c) Determination of Disposal Costs.--For purposes of subsection 
(b), costs associated with a disposal of dredged material undertaken 
pursuant to this section shall be limited to costs associated with the 
disposal that are in excess of the least-cost disposal option that is 
consistent with economic, engineering, and environmental criteria.
    (d) Effect on Other Projects.--The Secretary, to the greatest 
extent practicable, shall ensure that scheduled operations and 
maintenance of Federal navigation projects will not be delayed due to 
alternative disposal options authorized by this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000 per fiscal year. 
Such sums shall remain available until expended.
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