II

103D CONGRESS

1ST SESSION S. 1679

To establish a program to develop and demonstrate innovative technologies

to combat shoreline erosion, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To establish a program to develop and demonstrate innovative technologies to combat shoreline erosion, 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 ‘‘Shoreline Erosion Con5 trol Demonstration Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that it is essential to

8 develop, demonstrate, and disseminate innovative tech9 nologies to prevent and control shoreline erosion because

10 of—
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1 (1) the importance and increasing interest in

2 the coastal and estuarine zone of the United States;

3 (2) the deterioration of the shoreline within the

4 zone resulting from erosion;

5 (3) the harm to water quality and marine life

6 from shoreline erosion;

7 (4) the loss of recreational potential resulting

8 from shoreline erosion;

9 (5) the financial loss to private and public land10 owners resulting from shoreline erosion;

11 (6) the inability of private and public land12 owners to obtain satisfactory financial and technical

13 assistance to combat shoreline erosion; and

14 (7) the loss of structures or landmarks of his15 toric significance.

16 (b) PURPOSE.—It is the purpose of this section to

17 establish a program to develop, demonstrate, and dissemi18 nate information about innovative technologies to combat

19 shoreline erosion.

20 SEC. 3. NATIONAL SHORELINE EROSION CONTROL DEVEL21 OPMENT AND DEMONSTRATION PROGRAM.

22 The Act of August 13, 1946 (60 Stat. 1056, chapter

23 960; 33 U.S.C. 426e et seq.), is amended by adding at

24 the end the following new section:
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1 ‘‘SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVEL2 OPMENT AND DEMONSTRATION PROGRAM.

3 ‘‘(a) DEFINITIONS.—As used in this section:

4 ‘‘(1) SHELTERED WATERS.—The term ‘shel5 tered waters’ means tidal waters that are not ex6 posed to the unmitigated forces of open ocean waves

7 and currents.

8 ‘‘(2) COST EFFECTIVE SHORE PROTECTION.—

9 The term ‘cost effective shore protection’ means the

10 most efficient design that can solve the erosion prob11 lem at a given site, taking into account the life cycle

12 cost of the project, including cleanup, maintenance,

13 and amortization.

14 ‘‘(b) ESTABLISHMENT OF NATIONAL SHORELINE

15 EROSION CONTROL DEVELOPMENT AND DEMONSTRA16 TION PROGRAM.—The Secretary of the Army (referred to

17 in this section as the ‘Secretary’), acting through the Chief

18 of Engineers, shall establish and conduct a national shore19 line erosion control development and demonstration pro20 gram (referred to in this section as the ‘program’) for a

21 period of 8 years beginning on the date that funds are

22 made available to carry out this section.

23 ‘‘(c) REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—The program shall include

25 provisions for—
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1 ‘‘(A) planning, designing, and constructing

2 prototype engineered and vegetative shoreline

3 erosion control devices and projects during the

4 first 5 years of the program;

5 ‘‘(B) adequate monitoring of prototypes

6 throughout the duration of the program;

7 ‘‘(C) detailed engineering and environ8 mental reports on the results of each project in

9 the program; and

10 ‘‘(D) technology transfers to private prop11 erty owners and State and local entities.

12 ‘‘(2) EMPHASIS.—Demonstration projects es13 tablished pursuant to this section shall emphasize, to

14 the extent practicable—

15 ‘‘(A) the development and demonstration

16 of innovative technologies;

17 ‘‘(B) cost effective shore protection;

18 ‘‘(C) natural designs, including the use of

19 vegetation or temporary structures that mini20 mize permanent structural alterations;

21 ‘‘(D) the avoidance of negative impacts to

22 adjacent shorefront communities;

23 ‘‘(E) in areas with substantial residential

24 or commercial interests adjacent to the shore-
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1 line, designs that do not impair their aesthetic

2 appeal;

3 ‘‘(F) the potential for long-term protection

4 afforded by the technology; and

5 ‘‘(G) lessons from evaluations of the origi6 nal 1974 program, including—

7 ‘‘(i) adequate consideration of the

8 subgrade;

9 ‘‘(ii) proper filtration;

10 ‘‘(iii) durable components;

11 ‘‘(iv) adequate connection between

12 units; and

13 ‘‘(v) additional relevant information.

14 ‘‘(3) SITES.—

15 ‘‘(A) IN GENERAL.—Shoreline erosion con16 trol demonstration projects shall be undertaken

17 at publicly or privately owned sites on open

18 coast or sheltered waters.

19 ‘‘(B) SELECTION.—The Secretary shall de20 velop site selection criteria, including—

21 ‘‘(i) a variety of geographical and cli22 matic conditions;

23 ‘‘(ii) the size of the population that is

24 dependent on the beaches for recreation,
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1 protection of homes, or commercial inter2 ests;

3 ‘‘(iii) the rate of erosion;

4 ‘‘(iv) significant natural resources or

5 habitats and environmentally sensitive

6 areas; and

7 ‘‘(v) significant threatened historic

8 structures or landmarks.

9 ‘‘(C) AREAS.—Projects shall be under10 taken at no less than 2 sites on each of the

11 shores of—

12 ‘‘(i) the Atlantic, Gulf, and Pacific

13 coasts;

14 ‘‘(ii) the Great Lakes; and

15 ‘‘(iii) the State of Alaska.

16 ‘‘(d) COOPERATION.—

17 ‘‘(1) PARTIES.—The program shall be carried

18 out in cooperation with—

19 ‘‘(A) the Secretary of Agriculture, particu20 larly with respect to vegetative means of pre21 venting and controlling shoreline erosion;

22 ‘‘(B) Federal, State, and local agencies;

23 ‘‘(C) private organizations;
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1 ‘‘(D) the Coastal Engineering Research

2 Center established by the first section of Public

3 Law 88–172 (33 U.S.C. 426–1); and

4 ‘‘(E) university research facilities.

5 ‘‘(2) AGREEMENTS.—Such cooperation may in6 clude entering into agreements with other Federal,

7 State, or local agencies or private organizations, to

8 undertake functions in subsection (c)(1) where ap9 propriate.

10 ‘‘(e) REPORTS.—

11 ‘‘(1) IN GENERAL.—The Secretary, acting

12 through the Chief of Engineers, shall annually pre13 pare and submit a program progress report to the

14 Committee on Environment and Public Works of the

15 Senate and the Committee on Public Works and

16 Transportation of the House of Representatives.

17 ‘‘(2) GENERAL REPORT.—The final report shall

18 be submitted not later than 60 days after the con19 clusion of the program, and shall include a com20 prehensive evaluation of the national shoreline ero21 sion control development and demonstration pro22 gram, and recommendations regarding its continu23 ation.

24 ‘‘(f) FUNDING.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

2 and (3), the Federal share of the cost of a project

3 under this section shall be determined in accordance

4 with section 3.

5 ‘‘(2) RESPONSIBILITY.—The cost of and re6 sponsibility for operation and maintenance of a

7 project, not including monitoring, under the pro8 gram shall be borne by non-Federal sponsors upon

9 completion of construction of the project.

10 ‘‘(3) COST SHARE ADJUSTMENT.—The cost

11 share requirements for projects on public lands that

12 provide for full public access may be adjusted by the

13 Secretary for projects in sponsoring communities

14 that are experiencing financial hardship, as defined

15 by the Secretary, at the time the project is se16 lected.’’.

17 SEC. 4. CONFORMING AMENDMENT.

18 Section 1(e) of the Act of August 13, 1946 (60 Stat.

19 1056, chapter 960; 33 U.S.C. 426e(e)), is amended by

20 striking ‘‘section 3’’ and inserting ‘‘sections 3 and 5’’.

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