I

106TH CONGRESS

2D SESSION H. R. 4775

To direct the Secretary of the Army to mitigate the adverse impacts of

shoreline erosion in Brevard County, Florida, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 2000

Mr. WELDON of Florida introduced the following bill; which was referred to

the Committee on Tranportation and Infrastructure

A BILL

To direct the Secretary of the Army to mitigate the adverse

impacts of shoreline erosion in Brevard County, Florida,

and for other purposes.

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 ‘‘Brevard County Beach

5 Equity Act of 2000’’.

6 SEC. 2. EROSION MITIGATION, BREVARD COUNTY, FLOR7 IDA.

8 (a) DEFINITIONS.—In this section, the following defi9 nitions apply:
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1 (1) CANAVERAL HARBOR PROJECT.—The term

2 ‘‘Canaveral Harbor Project’’ means the Federal

3 project for navigation authorized by section 2 of the

4 Act entitled ‘‘An Act authorizing the construction,

5 repair, and preservation of certain public works on

6 rivers and harbors, and for other purposes’’, ap7 proved March 2, 1945 (59 Stat. 16), as modified by

8 section 101 of the River and Harbor Act of 1962

9 (76 Stat. 1174).

10 (2) SECRETARY.—The term ‘‘Secretary‘‘ means

11 the Secretary of the Army.

12 (3) SHORELINE PROTECTION PROJECT.—The

13 term ‘‘Shoreline Protection Project’’ means the Fed14 eral project for shoreline protection authorized by

15 section 101(b)(7) of the Water Resources Develop16 ment Act of 1996 (110 Stat. 3667).

17 (b) STUDY.—

18 (1) IN GENERAL.—The Secretary, in coopera19 tion with interested non-Federal entities, shall con20 duct a study of the shoreline in Brevard County,

21 Florida, to determine whether any erosion or prop22 erty damage along the shoreline is attributable to

23 the Canaveral Harbor Project.

24 (2) SCOPE.—The Secretary shall limit the scope

25 of the study conducted under this subsection to a re-
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1 view of existing data, reports, and studies (whether

2 conducted by a Federal or a non-Federal entity), rel3 evant to erosion in Brevard County, Florida.

4 (3) REVIEW BY INDEPENDENT EXPERT.—

5 (A) IN GENERAL.—In conducting the

6 study under this subsection, the Secretary shall

7 hire an independent coastal expert to review

8 and report on the data, reports, and studies re9 ferred to in paragraph (2).

10 (B) SELECTION.—The Secretary shall se11 lect the expert described in subparagraph (A)

12 from a list of experts approved by the Corps of

13 Engineers, the Canaveral Port Authority, and

14 the County Commission of Brevard County,

15 Florida.

16 (4) TREATMENT OF MITIGATION MEASURES.—

17 In determining the extent and rate of erosion under

18 the study conducted under this subsection, the Sec19 retary shall take into account the effects of each pre20 viously implemented measure designed to mitigate

21 erosion or property damage attributable to the Ca22 naveral Harbor Project, except those measures im23 plemented under the Shoreline Protection Project.

24 (c) MITIGATION.—
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1 (1) DETERMINATION.—Not later than 180 days

2 after the date of enactment of this section, the Sec3 retary shall determine, based on the results of the

4 study conducted under subsection (b), whether any

5 measures are necessary to prevent or mitigate ero6 sion or property damage, or to correct or repair past

7 erosion or property damage, attributable to the Ca8 naveral Harbor Project.

9 (2) AUTHORITY.—After making a determina10 tion under paragraph (1), the Secretary shall plan,

11 design, and implement any measures that the Sec12 retary considers to be necessary to prevent, mitigate,

13 correct, or repair, any erosion or property damage

14 that is attributable to the Canaveral Harbor Project.

15 (3) ALLOCATION OF COSTS.—Except as pro16 vided in paragraph (4), the Federal and non-Federal

17 shares of the costs of implementing any measure

18 under this subsection shall be the same as for the

19 Canaveral Harbor Project.

20 (4) RENOURISHMENT IN CERTAIN AREAS.—

21 (A) REALLOCATION OF COSTS.—If under

22 paragraph (2) the Secretary carries out any re23 nourishment of a shore or beach located within

24 the boundaries of the area covered by the

25 Shoreline Protection Project, the Secretary
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1 shall modify the project cooperation agreement

2 for the Shoreline Protection Project to increase

3 the Federal share of the project costs of initial

4 construction and periodic renourishment to re5 flect the increased costs incurred by the Sec6 retary.

7 (B) CREDIT OR REIMBURSEMENT OF

8 FUNDS.—Based on any reallocation of costs

9 under subparagraph (A), the Secretary shall

10 credit or reimburse each non-Federal interest

11 for any excess funds it may have expended with

12 respect to the Shoreline Protection Project.

13 (d) REPEAL.—Section 310 of the Water Resources

14 Development Act of 1999 (113 Stat. 301) is repealed.

15 (e) FUNDING.—

16 (1) STUDY.—Of the funds made available for

17 the operation or maintenance of the Canaveral Har18 bor Project, not more than $250,000 may be used

19 by the Secretary to conduct the study described in

20 subsection (b).

21 (2) TREATMENT OF COSTS OF MITIGATION

22 MEASURES.—The costs of any mitigation measure

23 carried out under this section shall be allocated to
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1 the Canaveral Harbor Project as operation and

2 maintenance costs.

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