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)—
H. R. 3678—2

(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.