Coastal Restoration Act

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4507 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 4507

To ensure the continuation and improvement of coastal restoration.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 3, 2004

Mr. LoBiondo (for himself and Mr. Lampson) 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 ``Coastal Restoration 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. 4260) is amended to read as follows:
``(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, nonprofit
entity, or private interest.
``(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 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 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.''.
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