I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Beaches 

5 Protection Act’’. 

6 SEC. 2. PROTECTION OF SHORES. 

7 (a) DECLARATION OF POLICY.—The first section of 

8 the Act entitled ‘‘An Act authorizing Federal participation 

9 in the cost of protecting the shores of publicly owned prop10 erty’’, approved August 13, 1946 (33 U.S.C. 426e), is 

11 amended to read as follows: 
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1 ‘‘SECTION 1. BEACH NOURISHMENT. 

2 ‘‘(a) DECLARATION OF POLICY.—With the purpose 

3 of preventing damage, restoring and maintaining the 

4 shores, beaches and other coastal resources of the United 

5 States, its territories and possessions, and promoting and 

6 encouraging the healthful recreation of the people, it is 

7 declared to be the policy of the United States, subject to 

8 the provisions of this Act, to promote beach nourishment 

9 projects and related research that encourage the protec10 tion, restoration, and enhancement of sandy beaches and 

11 other coastal infrastructure, including beach restoration 

12 and periodic beach nourishment, on a comprehensive and 

13 coordinated basis by the Federal Government, States, lo14 calities, and private interests. In carrying out this policy, 

15 preference shall be given to areas—

16 ‘‘(1) in which there has been a previous invest17 ment of Federal funds; 

18 ‘‘(2) in which regional sediment management 

19 plans have been adopted; 

20 ‘‘(3) in which the need for prevention or mitiga21 tion of damage to shores, beaches, and other coastal 

22 infrastructure is attributable to Federal navigation 

23 projects or other Federal activities; or 

24 ‘‘(4) which promote human health and safety 

25 and the quality of life for individuals and families.’’. 
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1 ‘‘(b) IMPLEMENTATION.—The Secretary shall pay the 

2 Federal share of the cost of carrying out beach nourish3 ment projects and related research that encourages the 

4 protection, restoration, and enhancement of shores, sandy 

5 beaches, and other coastal infrastructure (including 

6 projects for beach restoration, periodic beach nourishment, 

7 and restoration or protection of State, county, or other 

8 shores, public coastal beaches, parks, conservation areas, 

9 or other environmental resources). 

10 ‘‘(c) FEDERAL SHARE.—

11 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

12 through (4), the Federal share of the cost of a 

13 project described in subsection (b) shall be deter14 mined in accordance with section 103 of the Water 

15 Resources Development Act of 1986 (33 U.S.C. 

16 2213). 

17 ‘‘(2) EXCEPTION.—In the case of a project for 

18 beach erosion control the primary purpose of which 

19 is recreation, the Federal share shall be equal to the 

20 Federal share for a beach erosion control project the 

21 primary purpose of which is storm damage protec22 tion or environmental restoration. 

23 ‘‘(3) REMAINDER.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the remainder of the cost of the con-
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1 struction of a project described in subsection 

2 (b) shall be paid by a State, municipality, other 

3 political subdivision, or nonprofit entity. 

4 ‘‘(B) EXCEPTION.—The Federal Govern5 ment shall bear all of the costs incurred for the 

6 restoration and protection of Federal property. 

7 ‘‘(4) GREATER FEDERAL SHARE.—In the case 

8 of a project described in subsection (b) for the res9 toration and protection of a State, county, or other 

10 publicly-owned shore, coastal beach, park, conserva11 tion area, or other environmental resource, the Chief 

12 of Engineers may increase the Federal share to be 

13 greater than that provided in paragraph (1) if the 

14 area—

15 ‘‘(A) includes—

16 ‘‘(i) a zone that excludes permanent 

17 human habitation; or 

18 ‘‘(ii) a recreational beach or other 

19 area determined by the Chief of Engineers; 

20 ‘‘(B) satisfies adequate criteria for con21 servation and development of the natural re22 sources of the environment; and 

23 ‘‘(C) extends landward a sufficient distance 

24 to include, as approved by the Chief of Engi25 neers—
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1 ‘‘(i) protective dunes, bluffs, or other 

2 natural features; 

3 ‘‘(ii) such other appropriate measures 

4 adopted by the State or political subdivi5 sion of the State to protect uplands areas 

6 from damage, promote public recreation, or 

7 protect environmental resources; or 

8 ‘‘(iii) appropriate facilities for public 

9 use. 

10 ‘‘(d) PERIODIC BEACH NOURISHMENT.—In this Act, 

11 when the most suitable and economical remedial measures, 

12 as determined by the Chief of Engineers, would be pro13 vided by periodic beach nourishment, the term ‘construc14 tion’ shall include the deposit of sand fill at suitable inter15 vals of time to furnish sand supply to protect shores and 

16 beaches for a period of time specified by the Chief of Engi17 neers and authorized by Congress. 

18 ‘‘(e) PRIVATE SHORES AND BEACHES.—

19 ‘‘(1) IN GENERAL.—A shore or beach, other 

20 than a public shore or beach, shall be eligible for 

21 Federal assistance under this Act if—

22 ‘‘(A) there is a benefit to a public shore or 

23 beach, including a benefit from public use or 

24 from the protection of nearby public property; 

25 or 
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1 ‘‘(B) the benefits to the shore or beach are 

2 incidental to the project. 

3 ‘‘(2) FEDERAL SHARE.—The Secretary shall 

4 adjust the Federal share of a project for a shore or 

5 beach, other than a public shore or beach, to reflect 

6 the benefits described in paragraph (1). 

7 ‘‘(f) AUTHORIZATION OF PROJECTS.—

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 no Federal share shall be provided for a project 

10 under this Act unless—

11 ‘‘(A) the plan for that project has been 

12 specifically adopted and authorized by Congress 

13 after investigation and study; or 

14 ‘‘(B) in the case of a small project under 

15 section 3 or 5, the plan for that project has 

16 been approved by the Chief of Engineers. 

17 ‘‘(2) STUDIES.—

18 ‘‘(A) IN GENERAL.—The Secretary shall—

19 ‘‘(i) recommend to Congress studies 

20 concerning beach nourishment projects 

21 that meet the criteria established under 

22 this Act and other applicable law; 

23 ‘‘(ii) conduct such studies as Congress 

24 requests; and 
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1 ‘‘(iii) report the results of all studies 

2 requested by Congress to the Committee 

3 on Environment and Public Works of the 

4 Senate and the Committee on Transpor5 tation and Infrastructure of the House of 

6 Representatives. 

7 ‘‘(B) RECOMMENDATIONS FOR BEACH

8 NOURISHMENT PROJECTS.—

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall—

11 ‘‘(I) recommend to Congress the 

12 authorization or reauthorization of all 

13 shore and beach nourishment projects 

14 the plans for which have been ap15 proved by the Chief of Engineers; and 

16 ‘‘(II) report to Congress on the 

17 feasibility of other projects that have 

18 been studied under subparagraph (A) 

19 but have not been approved by the 

20 Chief of Engineers. 

21 ‘‘(ii) CONSIDERATIONS.—In approving 

22 a project plan, the Chief of Engineers shall 

23 consider the economic and ecological bene24 fits of the beach nourishment project. 
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1 ‘‘(C) COORDINATION OF PROJECTS.—In 

2 conducting studies and making recommenda3 tions for a beach nourishment project under 

4 this paragraph, the Secretary shall—

5 ‘‘(i) determine whether there is any 

6 other project being carried out by the Sec7 retary or other Federal agency that may be 

8 complementary to the beach nourishment 

9 project; and 

10 ‘‘(ii) if there is such a complementary 

11 project, undertake efforts to coordinate the 

12 projects. 

13 ‘‘(3) BEACH NOURISHMENT PROJECTS.—

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 construct any beach nourishment project au16 thorized by Congress, or separable element of 

17 such a project, for which Congress has appro18 priated funds. 

19 ‘‘(B) AGREEMENTS.—

20 ‘‘(i) REQUIREMENT.—After authoriza21 tion by Congress, before the commence22 ment of construction of beach nourishment 

23 project or separable element, the Secretary 

24 shall offer to enter into a written agree25 ment for the authorized period of Federal 
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1 participation in the project with a non2 Federal interest with respect to the project 

3 or separable element. 

4 ‘‘(ii) TERMS.—The agreement shall—

5 ‘‘(I) specify the authorized period 

6 of Federal participation in the project; 

7 and 

8 ‘‘(II) ensure that the Federal 

9 Government and the non-Federal in10 terest cooperate in carrying out the 

11 project or separable element. 

12 ‘‘(g) EXTENSION OF THE PERIOD OF FEDERAL PAR13 TICIPATION.—At the request of a non-Federal interest, 

14 the Secretary, acting through the Chief of Engineers and 

15 with the approval of Congress, shall extend the period of 

16 Federal participation in a beach nourishment project that 

17 is economically feasible, engineeringly sound, and environ18 mentally acceptable for such additional period as the Sec19 retary determines appropriate. 

20 ‘‘(h) SPECIAL CONSIDERATIONS.—In a case in which 

21 funds have been appropriated to the Corps of Engineers 

22 for a specific project but the funds cannot be expended 

23 because of the time limits of environmental permits or 

24 similar environmental considerations, the Secretary may 

25 carry over such funds for use in the next fiscal year if 
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1 construction of the project, or a separable element of the 

2 project, will cause minimal environmental damage and will 

3 not violate an environmental permit.’’. 

4 SEC. 3. NON-FEDERAL CONTRIBUTIONS. 

5 Section 103 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2213) is amended by adding at the 

7 end the following: 

8 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—

9 ‘‘(1) PROHIBITION ON SOLICITATION OF EX10 CESS CONTRIBUTIONS.—The Secretary may not so11 licit contributions from non-Federal interests for 

12 costs of constructing authorized water resources de13 velopment projects or measures in excess of the non14 Federal share assigned to the appropriate project 

15 purposes listed in subsections (a), (b), and (c) or 

16 condition Federal participation in such projects or 

17 measures on the receipt of such contributions. 

18 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC19 TION.—Nothing in this subsection shall be construed 

20 to affect the Secretary’s authority under section 

21 903(c) of this Act.’’. 

22 SEC. 4. NATIONAL SHORELINE EROSION CONTROL DEVEL23 OPMENT AND DEMONSTRATION PROGRAM. 

24 (a) PERMENANT EXTENSION OF PROGRAM.—Section 

25 5(a) of the Act entitled ‘‘An Act authorizing Federal par-
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1 ticipation in the cost of protecting the shores of publicly 

2 owned property’’, approved August 13, 1946 (33 U.S.C. 

3 426h(a)), is amended by striking all after ‘‘program’’. 

4 (b) EXTENSION OF PLANNING, DESIGN, AND CON5 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 

6 U.S.C. 426h(b)(1)(A)) is amended by striking all after 

7 ‘‘methods’’. 

8 (c) TECHNOLOGY TRANSFERS TO EDUCATIONAL IN9 STITUTIONS.—Section 5(b)(1)(D) of such Act (33 U.S.C. 

10 426h(b)(1)(D)) is amended by inserting ‘‘and educational 

11 institutions’’ after ‘‘entities’’. 

12 (d) COST-SHARING; REMOVAL OF PROJECTS.—Sec13 tion 5(b) of such Act (33 U.S.C. 426h(b)) is further 

14 amended—

15 (1) by redesignating paragraphs (3) and (4) as 

16 paragraphs (5) and (6), respectively; and 

17 (2) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) COST SHARING.—The Secretary may enter 

20 into a cost-sharing agreement with a non-Federal in21 terest to carry out a project, or a phase of a project, 

22 under the erosion control program in cooperation 

23 with the non-Federal interest.’’. 
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1 (e) MODIFICATION OF EXISTING SHORELINE PRO2 TECTION PROJECTS.—Section 5 of such Act (33 U.S.C. 

3 426h) is further amended—

4 (1) by redesignating subsection (e) as sub5 section (f); and 

6 (2) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) MODIFICATION OF EXISTING SHORELINE PRO9 TECTION PROJECTS.—–Following initial construction and 

10 adequate evaluation of a demonstration project’s perform11 ance and lifecycle cost, the Secretary at the request of a 

12 non-Federal interest is authorized to amend the agree13 ment for an existing federally authorized shore protection 

14 project to incorporate the demonstration project as a fea15 ture of the authorized shore protection project with the 

16 future cost of the project to be determined by the cost17 sharing ratio of the authorized shore protection project. 

18 Such amendment shall only be made if the Chief of Engi19 neers determines that it meets the engineering, economic, 

20 and design standards of the authorized shore protection 

21 project.’’. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 5(f)(2) of such Act (33 U.S.C. 426h(e)(2)) (as redesig24 nated by subsection (e)(1) of this section) is amended by 
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1 striking ‘‘$21,000,000’’ and inserting ‘‘such sums as may 

2 be necessary’’.

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