103D CONGRESS

2D SESSION H. R. 3678

AN ACT

To authorize the Secretary of the Interior to negotiate agreements for the use of Outer Continental Shelf sand,

gravel, and shell resources.

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

3 SECTION 1. AMENDMENTS.

4 (a) SECTION 8 AMENDMENTS.—Section 8(k) of the

5 Outer Continental Shelf Lands Act (43 U.S.C. 1337(k))

6 is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(k)’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2)(A) Notwithstanding paragraph (1), the Sec4 retary may negotiate with any person an agreement for

5 the use of outer Continental Shelf sand, gravel and shell

6 resources—

7 ‘‘(i) for use in a program of, or project for,

8 shore protection, beach restoration, or coastal wet9 lands restoration undertaken by a Federal, State, or

10 local government agency; or

11 ‘‘(ii) for use in a construction project, other

12 than a project described in clause (i), that is funded

13 in whole or in part by or authorized by the Federal

14 Government.

15 ‘‘(B) In carrying out a negotiation under this para16 graph, the Secretary may assess a fee based on an assess17 ment of the value of the resources and the public interest

18 served by promoting development of the resources. No fee

19 shall be assessed directly or indirectly under this subpara20 graph against an agency of the Federal Government.

21 ‘‘(C) The Secretary may, through this paragraph and

22 in consultation with the Secretary of Commerce, seek to

23 facilitate projects in the coastal zone, as such term is de24 fined in section 304 of the Coastal Zone Management Act
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1 of 1972 (16 U.S.C. 1453), that promote the policy set

2 forth in section 303 of that Act (16 U.S.C. 1452).

3 ‘‘(D) Any federal agency which proposes to make use

4 of sand, gravel and shell resources subject to the provi5 sions of this Act shall enter into a Memorandum of Agree6 ment with the Secretary concerning the potential use of

7 those resources. The Secretary shall notify the Committee

8 on Merchant Marine and Fisheries and the Committee on

9 Natural Resources of the House of Representatives and

10 the Committee on Energy and Natural Resources of the

11 Senate on any proposed project for the use of those re12 sources prior to the use of those resources.’’.

13 (b) SECTION 20 AMENDMENTS.—Section 20(a) of the

14 Outer Continental Shelf Lands Act (43 U.S.C. 1346(a))

15 is amended—

16 (1) in paragraph (1)—

17 (A) by inserting ‘‘or other lease’’ after

18 ‘‘any oil and gas lease sale’’; and

19 (B) by inserting ‘‘or other mineral’’ after

20 ‘‘affected by oil and gas’’; and

21 (2) in paragraph (2), by inserting ‘‘In the case

22 of an agreement under section 8(k)(2), each study

23 required by paragraph (1) of this subsection shall be

24 commenced not later than 6 months prior to com25 mencing negotiations for such agreement or the en-
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1 tering into the memorandum of agreement as the

2 case may be.’’ after ‘‘scheduled before such date of

3 enactment.’’.

Passed the House of Representatives October 3,

1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 3678

AN ACT

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