[Congressional Record Volume 150, Number 20 (Tuesday, February 24, 2004)]
[Senate]
[Pages S1520-S1521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Corzine):
  S. 2105. A bill to improve the Federal shore protection program; to 
the Committee on Environment and Public Works.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Coastal 
Restoration Act of 2004 for myself and Senator Corzine. Since 1995, the 
Federal beach nourishment program has been a regular target of the 
White House Office of Management and Budget, OMB. Under two separate 
administrations there have been at least five efforts to radically 
change or terminate the program.
  The 1996, Congress passed the Shore Protection Act as Section 227 of 
the Water Resources Development Act of 1996. That legislation was the 
first statement by Congress since 1946 of its intent that the Nation 
needed an ongoing Federal beach nourishment program. Unfortunately, 
that has not stopped OMB from trying to change Federal policies by 
making budget proposals that would cripple the program.
  The Coastal Restoration Act, CRA, restates the congressional intent 
regarding the importance of the Federal beach nourishment program. The 
CRA makes it clear that changes in administration policy will not 
prevent feasibility and other types of studies from being processed 
through the Corps of Engineers and sent to Congress. The legislation 
emphasizes the role of Congress in determining which beach nourishment 
projects should be authorized for construction. It also re-states and 
strengthens existing law that periodic renourishment is an integral 
part of the ongoing construction of a beach nourishment project.
  This bill states the intent of Congress that preference shall be 
given to areas 1, where there has been a previous investment of federal 
funds; 2, where regional sediment management plans have been adopted to 
integrate coastal beach nourishment, navigation, and environmental 
projects; 3, where there is a need to prevent or mitigate damage to 
shores, beaches, and other coastal infrastructure where that damage is 
caused at least in part by Federal activities; or 4, where the project 
promotes human health and safety as well as the quality of life for 
individuals and families. This recognizes that a primary purpose for 
establishing the Federal beach nourishment program in 1946 was the 
promotion of public recreation.
  My bill will also raise the low priority now accorded by the U.S. 
Army Corps to the recreational benefits of beach nourishment, giving 
equal consideration to all national projects. It also establishes the 
cost share for beach nourishment projects whose primary net benefit is 
recreational at the same level of Federal cost share participation as 
it applies to storm damage and environmental restoration beach 
nourishment projects. Congress retains the prerogative to authorize the 
project and appropriate funds based on the Corps' report findings.
  These changes are needed to protect and restore our beaches as the 
national treasure they are. According to a recent study, travel and 
tourism is the world's largest industry, contributing $3.5 trillion to 
the world's economy in 2001. In the United States, nearly 17 million 
people are employed in the tourism industry.
  Beaches are the leading tourist destination in the Nation. Each year 
about 180 million Americans make 2 billion visits to the ocean, the 
Gulf, and our inland beaches. That is almost twice as many visits as 
those made to State and national parks and wilderness areas combined. 
In its ``State of the Beach 2003'' report the Surfrider Foundation 
states that tourist expenditures in 16 of our coastal States topped 
$104 billion.
  My home State, New Jersey, has 127 miles of shoreline and we are 
proud of every mile. A significant portion of our tourism industry, 
which generates $10 billion a year, is due to our beaches. I know many 
of my colleagues in the Senate have similar situations in their States.
  Our beaches also provide vital habitat for numerous species of 
plants, and for animals such as claims, snails, and crabs. Every time a 
wave hits the shore it brings nutrients and oxygen to support the tiny 
but necessary life forms that live there.
  Not to be overlooked are the peace and relaxation that a day, or 
week, at the beach can provide. The poet Lord Byron put it so 
exquisitely nearly two hundred years ago when he wrote:

     There is a rapture on the lonely shore,
     There is a society, where none intrudes,
     By the deep sea, and music in its roar:
     I love not man the less, but Nature more.

  The shore's economic, environmental, and aesthetic benefits are truly 
limitless. That is why I am introducing the Coastal Restoration Act of 
2004. My legislation will revitalize the Federal beach nourishment 
program by placing beach nourishment projects on a par with other Army 
Corps projects, and assigning recreational benefits the same priority 
as storm damage protection and environmental restoration, correcting 
the inequities in our current practices.
  Since the 1980s, when medical waste, sewage, and garbage began 
washing up on the Jersey shore I have been working hard to protect and 
nurture our beaches. I wrote the Ocean Dumping Act of 1988, which ended 
ocean dumping of sewage sludge and industry waste. And I have led the 
fight to ban oil and gas drilling off the Jersey shore. We have made a 
lot of progress since the 1980s, but our work is far from over.
  I ask unanimous consent the text of my bill be printed in the Record 
following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2105

       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''.

[[Page S1521]]

     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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