[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2105 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2105

            To improve the Federal shore protection program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2004

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

_______________________________________________________________________

                                 A BILL


 
            To improve the Federal shore protection program.

    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 ``Coastal Restoration Act of 2004''.

SEC. 2. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND 
              BEACHES.

    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 to 
read as follows:

``SECTION 1. FEDERAL AID IN RESTORATION AND PROTECTION OF SHORES AND 
              BEACHES.

    ``(a) Declaration of Policy.--
            ``(1) Policy.--It is the policy of the United States to 
        promote shore and beach protection projects and related 
        research that encourages the protection, restoration, and 
        enhancement of shores, sandy beaches, and other coastal 
        infrastructure on a comprehensive and coordinated basis by 
        Federal, State, and local governments and private persons.
            ``(2) Purposes.--The purposes of this Act are--
                    ``(A) to restore and maintain the shores, beaches, 
                and other coastal resources of the United States 
                (including territories and possessions); and
                    ``(B) to promote the healthful recreation of the 
                people of the United States.
            ``(3) Priority.--In carrying out this Act, preference shall 
        be given to areas--
                    ``(A) in which there has been a previous investment 
                of Federal funds;
                    ``(B) where regional sediment management plans have 
                been adopted;
                    ``(C) with respect to which the need for prevention 
                or mitigation of damage to shores, beaches, and other 
                coastal infrastructure is attributable to Federal 
                navigation projects or other Federal activities; or
                    ``(D) that promote--
                            ``(i) human health and safety; and
                            ``(ii) the quality of life for individuals 
                        and families.
    ``(b) Implementation.--The Secretary shall pay the Federal share of 
the cost of carrying out shore and beach protection projects and 
related research that encourages the protection, restoration, and 
enhancement of shores, sandy beaches, and other coastal infrastructure 
(including projects for beach restoration, periodic beach nourishment, 
and restoration or protection of State, county, or other shores, public 
coastal beaches, parks, conservation areas, or other environmental 
resources).
    ``(c) Federal Share.--
            ``(1) In general.--Subject to paragraphs (2) through (4), 
        the Federal share of the cost of a project described in 
        subsection (b) shall be determined in accordance with section 
        103 of the Water Resources Development Act of 1986 (33 U.S.C. 
        2213).
            ``(2) Exception.--In the case of a project for beach 
        erosion control the primary purpose of which is recreation, the 
        Federal share shall be equal to the Federal share for a beach 
        erosion control project the primary purpose of which is storm 
        damage protection or environmental restoration.
            ``(3) Remainder.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                remainder of the cost of the construction of a project 
                described in subsection (b) shall be paid by a State, 
                municipality, other political subdivision, nonprofit 
                entity, or private enterprise.
                    ``(B) Exception.--The Federal Government shall bear 
                all of the costs incurred for the restoration and 
                protection of Federal property.
            ``(4) Greater federal share.--In the case of a project 
        described in subsection (b) for the restoration and protection 
        of a State, county, or other publicly-owned shore, coastal 
        beach, park, conservation area, or other environmental 
        resource, the Chief of Engineers may increase the Federal share 
        to be greater than that provided in paragraph (1) if the area--
                    ``(A) includes--
                            ``(i) a zone that excludes permanent human 
                        habitation; or
                            ``(ii) a recreational beach or other area 
                        determined by the Chief of Engineers;
                    ``(B) satisfies adequate criteria for conservation 
                and development of the natural resources of the 
                environment; and
                    ``(C) extends landward a sufficient distance to 
                include, as approved by the Chief of Engineers--
                            ``(i) protective dunes, bluffs, or other 
                        natural features;
                            ``(ii) such other appropriate measures 
                        adopted by the State or political subdivision 
                        of the State to protect uplands areas from 
                        damage, promote public recreation, or protect 
                        environmental resources; or
                            ``(iii) appropriate facilities for public 
                        use.
            ``(5) Recommendations.--
                    ``(A) In general.--In recommending to Congress 
                projects for Federal participation, the Secretary shall 
                recommend projects for the restoration and protection 
                of shores and beaches that promote equally all national 
                economic development benefits and purposes, 
including recreation, hurricane and storm damage reduction, and 
environmental restoration.
                    ``(B) Report.--The Secretary shall--
                            ``(i) identify projects that maximize net 
                        benefits for national purposes; and
                            ``(ii) submit to Congress a report that 
                        describes the findings of the Secretary.
    ``(d) Periodic Beach Nourishment.--In this Act, when the most 
suitable and economical remedial measures, as determined by the Chief 
of Engineers, would be provided by periodic beach nourishment, the term 
`construction' shall include the deposit of sand fill at suitable 
intervals of time to furnish sand supply to protect shores and beaches 
for a period of time specified by the Chief of Engineers and authorized 
by Congress.
    ``(e) Private Shores and Beaches.--
            ``(1) In general.--A shore or beach, other than a public 
        shore or beach, shall be eligible for Federal assistance under 
        this Act if--
                    ``(A) there is a benefit to a public shore or 
                beach, including a benefit from public use or from the 
                protection of nearby public property; or
                    ``(B) the benefits to the shore or beach are 
                incidental to the project.
            ``(2) Federal share.--The Secretary shall adjust the 
        Federal share of a project for a shore or beach, other than a 
        public shore or beach, to reflect the benefits described in 
        paragraph (1).
    ``(f) Authorization of Projects.--
            ``(1) In general.--Subject to paragraph (2), no Federal 
        share shall be provided for a project under this Act unless--
                    ``(A) the plan for that project has been 
                specifically adopted and authorized by Congress after 
                investigation and study; or
                    ``(B) in the case of a small project under sections 
                3 or 5, the plan for that project has been approved by 
                the Chief of Engineers.
            ``(2) Studies.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) recommend to Congress studies 
                        concerning shore and beach protection projects 
                        that meet the criteria established under this 
                        Act and other applicable law;
                            ``(ii) conduct such studies as Congress 
                        requests; and
                            ``(iii) report the results of all studies 
                        requested by Congress to the Committee on 
                        Environment and Public Works of the Senate and 
                        the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                    ``(B) Recommendations for shore and beach 
                protection projects.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) recommend to Congress the 
                                authorization or reauthorization of all 
                                shore and beach protection projects the 
                                plans for which have been approved by 
                                the Chief of Engineers; and
                                    ``(II) report to Congress on the 
                                feasibility of other projects that have 
                                been studied under subparagraph (A) but 
                                have not been approved by the Chief of 
                                Engineers.
                            ``(ii) Considerations.--In approving a 
                        project plan, the Chief of Engineers shall 
                        consider the economic and ecological benefits 
                        of the shore or beach protection project.
                    ``(C) Coordination of projects.--In conducting 
                studies and making recommendations for a shore or beach 
                protection project under this paragraph, the Secretary 
                shall--
                            ``(i) determine whether there is any other 
                        project being carried out by the Secretary or 
                        other Federal agency that may be complementary 
                        to the shore or beach protection project; and
                            ``(ii) if there is such a complementary 
                        project, undertake efforts to coordinate the 
                        projects.
            ``(3) Shore and beach protection projects.--
                    ``(A) In general.--The Secretary shall construct 
                any shore or beach protection project authorized by 
                Congress, or separable element of such a project, for 
                which Congress has appropriated funds.
                    ``(B) Agreements.--
                            ``(i) Requirement.--After authorization by 
                        Congress, before the commencement of 
                        construction of a shore or beach protection 
                        project or separable element, the Secretary 
                        shall offer to enter into a written agreement 
                        for the authorized period of Federal 
                        participation in the project with a non-Federal 
                        interest with respect to the project or 
                        separable element.
                            ``(ii) Terms.--The agreement shall--
                                    ``(I) specify the authorized period 
                                of Federal participation in the 
                                project; and
                                    ``(II) ensure that the Federal 
                                Government and the non-Federal interest 
                                cooperate in carrying out the project 
                                or separable element.
    ``(g) Extension of the Period of Federal Participation.--At the 
request of a non-Federal interest, the Secretary, acting through the 
Chief of Engineers and with the approval of Congress, shall extend the 
period of Federal participation in a beach nourishment project that is 
economically feasible, engineeringly sound, and environmentally 
acceptable for such additional period as the Secretary determines 
appropriate.
    ``(h) Special Considerations.--In a case in which funds have been 
appropriated to the Corps of Engineers for a specific project but the 
funds cannot be expended because of the time limits of environmental 
permits or similar environmental considerations, the Secretary may 
carry over such funds for use in the next fiscal year if construction 
of the project, or a separable element of the project, will cause 
minimal environmental damage and will not violate an environmental 
permit.''.
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