[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1174 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1174

                To improve regional sediment management.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2005

 Mr. Shaw (for himself and Mr. Pallone) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
                To improve regional sediment management.

    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 ``Sand Conservation and Taxpayer 
Savings Act of 2005''.

SEC. 2. REGIONAL SEDIMENT MANAGEMENT.

    (a) In General.--Section 204 of Water Resources Development Act of 
1992 (33 U.S.C. 2326) is amended to read as follows:
    ``(a) In General.--In connection with sediment obtained through the 
construction, operation, or maintenance of an authorized Federal water 
resources project, the Secretary, acting through the Chief of 
Engineers, shall develop regional sediment management plans and carry 
out projects for the protection of property; the protection, 
restoration, and creation of aquatic and ecologically related habitats, 
including wetlands; and the transport and placement of suitable 
sediment at locations identified in the plan prepared under subsection 
(b), or identified jointly by the non-Federal interest and the 
Secretary, for use in the construction, repair, modification, or 
rehabilitation of projects associated with Federal water resources 
projects.
    ``(b) Secretarial Findings.--Subject to subsection (c), projects 
undertaken under subsection (a) may be undertaken in any case in which 
the Secretary finds that--
            ``(1) the environmental, economic, and social benefits of 
        the project, both monetary and nonmonetary, justify the cost 
        thereof; and
            ``(2) the project would not result in environmental 
        degradation.
    ``(c) Determination of Planning and Project Costs.--
            ``(1) In consultation and cooperation with the appropriate 
        Federal, State, regional and local agencies, the Secretary, 
        acting through the Chief of Engineers, shall develop at Federal 
        expense plans and projects for regional management of sediment 
        obtained in conjunction with construction, operation, and 
        maintenance of Federal water resources projects.
            ``(2) Costs associated with construction of a project under 
        this section shall be limited solely to construction costs 
        which are in excess of those costs necessary to carry out the 
        dredging for construction, operation, or maintenance of an 
        authorized Federal water resources project in the most cost 
        effective way, consistent with economic, engineering, and 
        environmental criteria. The determination of any non-Federal 
        share of the construction cost shall be based on the cost 
        sharing for the type of Federal water resource project 
        involved.
            ``(3) Operation, maintenance, replacement, and 
        rehabilitation costs associated with a project are a non-
        Federal sponsor responsibility.
    ``(d) Selection of Sediment Disposal Method for Environmental 
Purposes.--In developing and carrying out a Federal water resources 
project involving the disposal of material, the Secretary may select, 
with the consent of the non-Federal interest, a disposal method that is 
not the least-cost option if the Secretary determines that the 
incremental costs of such disposal method are reasonable in relation to 
the environmental benefits, including the benefits to the aquatic 
environment to be derived from the creation of wetlands and control of 
shoreline erosion. The Federal share of such incremental costs shall be 
determined in accordance with subsection (b) of this section.
    ``(e) State and Regional Plans.--The Secretary, acting through the 
Chief of Engineers, may--
            ``(1) cooperate with any State in the preparation of a 
        comprehensive State or regional coastal sediment management 
        plan 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.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 annually, of which 
up to $5,000,000 shall be used for the development of regional sediment 
management plans as provided in subsection (b). Such sums shall remain 
available until expended.
    ``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-95b), for any project carried out 
under this section, a non-Federal interest may include a nonprofit 
entity, with the consent of the affected local government.''.
    (b) Repeal.--Section 145 of the Water Resources Development Act of 
1976 (33 U.S.C. 426j) is repealed. The Secretary, acting through the 
Chief of Engineers, is authorized to complete any project being carried 
out under section 145 on the day before the date of enactment of this 
Act.
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