[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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