`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3678 Enrolled Bill (ENR)]

        H.R.3678

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To authorize the Secretary of the Interior to negotiate agreements for 
the use of Outer Continental Shelf sand, gravel, and shell resources.

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

SECTION 1. AMENDMENTS.

    (a) Section 8 Amendments.--Section 8(k) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(k)) is amended--
        (1) by inserting ``(1)'' after ``(k)''; and
        (2) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding paragraph (1), the Secretary may negotiate 
with any person an agreement for the use of Outer Continental Shelf 
sand, gravel and shell resources--
        ``(i) for use in a program of, or project for, shore 
    protection, beach restoration, or coastal wetlands restoration 
    undertaken by a Federal, State, or local government agency; or
        ``(ii) for use in a construction project, other than a project 
    described in clause (i), that is funded in whole or in part by or 
    authorized by the Federal Government.
    ``(B) In carrying out a negotiation under this paragraph, the 
Secretary may assess a fee based on an assessment of the value of the 
resources and the public interest served by promoting development of 
the resources. No fee shall be assessed directly or indirectly under 
this subparagraph against an agency of the Federal Government.
    ``(C) The Secretary may, through this paragraph and in consultation 
with the Secretary of Commerce, seek to facilitate projects in the 
coastal zone, as such term is defined in section 304 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1453), that promote the policy 
set forth in section 303 of that Act (16 U.S.C. 1452).
    ``(D) Any Federal agency which proposes to make use of sand, gravel 
and shell resources subject to the provisions of this Act shall enter 
into a Memorandum of Agreement with the Secretary concerning the 
potential use of those resources. The Secretary shall notify the 
Committee on Merchant Marine and Fisheries and the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate on any proposed project for the use 
of those resources prior to the use of those resources.''.
    (b) Section 20 Amendments.--Section 20(a) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346(a)) is amended--
        (1) in paragraph (1)--
            (A) by inserting ``or other lease'' after ``any oil and gas 
        lease sale''; and
            (B) by inserting ``or other mineral'' after ``affected by 
        oil and gas''; and
        (2) in paragraph (2), by inserting ``In the case of an 
    agreement under section 8(k)(2), each study required by paragraph 
    (1) of this subsection shall be commenced not later than 6 months 
    prior to commencing negotiations for such agreement or the entering 
    into the memorandum of agreement as the case may be.'' after 
    ``scheduled before such date of enactment.''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`