[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2846 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2846

   To ensure the continuation and improvement of coastal restoration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2005

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

_______________________________________________________________________

                                 A BILL


 
   To ensure the continuation and improvement of coastal restoration.

    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 ``Community Beaches Protection Act''.

SEC. 2. PROTECTION OF SHORES.

    (a) Declaration of Policy.--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. BEACH NOURISHMENT.

    ``(a) Declaration of Policy.--With the purpose of preventing 
damage, restoring and maintaining the shores, beaches and other coastal 
resources of the United States, its territories and possessions, and 
promoting and encouraging the healthful recreation of the people, it is 
declared to be the policy of the United States, subject to the 
provisions of this Act, to promote beach nourishment projects and 
related research that encourage the protection, restoration, and 
enhancement of sandy beaches and other coastal infrastructure, 
including beach restoration and periodic beach nourishment, on a 
comprehensive and coordinated basis by the Federal Government, States, 
localities, and private interests. In carrying out this policy, 
preference shall be given to areas--
            ``(1) in which there has been a previous investment of 
        Federal funds;
            ``(2) in which regional sediment management plans have been 
        adopted;
            ``(3) in 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
            ``(4) which promote human health and safety and the quality 
        of life for individuals and families.''.
    ``(b) Implementation.--The Secretary shall pay the Federal share of 
the cost of carrying out beach nourishment 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, or nonprofit 
                entity.
                    ``(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.
    ``(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 section 
                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 beach nourishment 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 beach nourishment 
                projects.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) recommend to Congress the 
                                authorization or reauthorization of all 
                                shore and beach nourishment 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 beach nourishment project.
                    ``(C) Coordination of projects.--In conducting 
                studies and making recommendations for a beach 
                nourishment 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 beach nourishment project; and
                            ``(ii) if there is such a complementary 
                        project, undertake efforts to coordinate the 
                        projects.
            ``(3) Beach nourishment projects.--
                    ``(A) In general.--The Secretary shall construct 
                any beach nourishment 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 beach nourishment 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.''.

SEC. 3. NON-FEDERAL CONTRIBUTIONS.

    Section 103 of the Water Resources Development Act of 1986 (33 
U.S.C. 2213) is amended by adding at the end the following:
    ``(n) Non-Federal Contributions.--
            ``(1) Prohibition on solicitation of excess 
        contributions.--The Secretary may not solicit contributions 
        from non-Federal interests for costs of constructing authorized 
        water resources development projects or measures in excess of 
        the non-Federal share assigned to the appropriate project 
        purposes listed in subsections (a), (b), and (c) or condition 
        Federal participation in such projects or measures on the 
        receipt of such contributions.
            ``(2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to affect the Secretary's 
        authority under section 903(c) of this Act.''.

SEC. 4. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND 
              DEMONSTRATION PROGRAM.

    (a) Permenant Extension of Program.--Section 5(a) 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. 426h(a)), is amended by striking all after ``program''.
    (b) Extension of Planning, Design, and Construction Phase.--Section 
5(b)(1)(A) of such Act (33 U.S.C. 426h(b)(1)(A)) is amended by striking 
all after ``methods''.
    (c) Technology Transfers to Educational Institutions.--Section 
5(b)(1)(D) of such Act (33 U.S.C. 426h(b)(1)(D)) is amended by 
inserting ``and educational institutions'' after ``entities''.
    (d) Cost-Sharing; Removal of Projects.--Section 5(b) of such Act 
(33 U.S.C. 426h(b)) is further amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Cost sharing.--The Secretary may enter into a cost-
        sharing agreement with a non-Federal interest to carry out a 
        project, or a phase of a project, under the erosion control 
        program in cooperation with the non-Federal interest.''.
    (e) Modification of Existing Shoreline Protection Projects.--
Section 5 of such Act (33 U.S.C. 426h) is further amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Modification of Existing Shoreline Protection Projects.---
Following initial construction and adequate evaluation of a 
demonstration project's performance and lifecycle cost, the Secretary 
at the request of a non-Federal interest is authorized to amend the 
agreement for an existing federally authorized shore protection project 
to incorporate the demonstration project as a feature of the authorized 
shore protection project with the future cost of the project to be 
determined by the cost-sharing ratio of the authorized shore protection 
project. Such amendment shall only be made if the Chief of Engineers 
determines that it meets the engineering, economic, and design 
standards of the authorized shore protection project.''.
    (f) Authorization of Appropriations.--Section 5(f)(2) of such Act 
(33 U.S.C. 426h(e)(2)) (as redesignated by subsection (e)(1) of this 
section) is amended by striking ``$21,000,000'' and inserting ``such 
sums as may be necessary''.
                                 <all>