I 

108TH CONGRESS 

1ST SESSION H. R. 3154

To promote programs for the beneficial use of sand. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2003

Mr. SHAW introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL

To promote programs for the beneficial use of sand.

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 ‘‘Sand Conservation and 

5 Taxpayer Savings Act of 2003’’. 

6 SEC. 2. REGIONAL PROGRAMS TO CONSERVE BEACH QUAL7 ITY SAND AND SAVE TAXPAYER DOLLARS. 

8 (a) IN GENERAL.—Section 204 of the Water Re9 sources Development Act of 1992 (33 U.S.C. 2326) is 

10 amended by striking subsections (c) through (g) and in11 serting the following: 
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1 ‘‘(c) REGIONAL SEDIMENT MANAGEMENT PLAN2 NING.—In consultation and cooperation with appropriate 

3 regional, State and Federal agencies, the Secretary, acting 

4 through the Chief of Engineers, shall investigate and de5 velop, at Federal expense, plans and demonstration 

6 projects for regional management of material dredged in 

7 conjunction with the construction, operation, or mainte8 nance of navigation or flood control projects, including po9 tential beneficial uses of dredged material for construc10 tion, repair, or rehabilitation of public projects for naviga11 tion, flood damage reduction, hydroelectric power, munic12 ipal and industrial water supply, agricultural water sup13 ply, recreation, hurricane and storm damage reduction, 

14 aquatic plant control, and environmental protection and 

15 restoration. 

16 ‘‘(d) REGIONAL DREDGED MATERIAL PLACE17 MENT.—The Secretary, acting through the Chief of Engi18 neers, shall carry out projects to transport and place beach 

19 quality sand dredged in connection with the construction, 

20 operation, or maintenance of an authorized navigation or 

21 flood control project on beaches or in nearshore disposal 

22 areas that are not considered the least cost disposal option 

23 if such option has been selected by a non-Federal public 

24 entity to maintain shoreline or to provide for recreation, 
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1 hurricane and storm damage reduction, aquatic plant con2 trol, or environmental protection and restoration. 

3 ‘‘(e) COOPERATIVE AGREEMENT.—Any project un4 dertaken pursuant to subsection (d) shall be initiated only 

5 after non-Federal interests have entered into a cost-shar6 ing agreement with the Secretary in which the non-Fed7 eral interests agree to pay up to 35 percent of the incre8 mental costs of such project. 

9 ‘‘(f) DETERMINATION OF INCREMENTAL COSTS.— 

10 Incremental costs associated with implementation of a 

11 project under subsection (d) shall be limited solely to the 

12 costs that are in excess of the costs necessary to dispose 

13 of sediments for construction, operation, or maintenance 

14 of the authorized navigation or flood control project under 

15 the least cost option, consistent with economic, engineer16 ing, and environmental criteria. 

17 ‘‘(g) EFFECT ON OTHER PROJECTS.—The Secretary, 

18 to the greatest extent practicable, shall ensure that sched19 uled operations and maintenance of Federal navigation 

20 projects will not be delayed due to alternative disposal op21 tions authorized by subsection (d). 

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

24 $35,000,000 annually. Such sums shall remain available 

25 until expended. 
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1 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 24 

3 1962d-5b), for any project carried out under this section, 

4 a non-Federal interest may include a nonprofit entity, with 

5 the consent of the affected local government.’’. 

6 (b) REPEAL.—

7 (1) IN GENERAL.—Section 145 of the Water 

8 Resources Development Act of 1976 (33 U.S.C. 21 

9 426j) is repealed. 

10 (2) HOLD HARMLESS.—The repeal made by 

11 paragraph (1) shall not affect the authority of the 

12 Secretary to complete any project being carried out 

13 under such section 145 on the day before the date 

14 of enactment of this Act.

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