II 

108TH CONGRESS 

2D SESSION S. 2105

To improve the Federal shore protection program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2004

Mr. LAUTENBERG (for himself and Mr. CORZINE) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL

To improve the Federal shore protection program.

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 ‘‘Coastal Restoration 

5 Act of 2004’’. 

6 SEC. 2. FEDERAL AID IN RESTORATION AND PROTECTION 

7 OF SHORES AND BEACHES. 

8 The first section of the Act entitled ‘‘An Act author9 izing Federal participation in the cost of protecting the 

10 shores of publicly owned property’’, approved August 13, 

11 1946 (33 U.S.C. 426e), is amended to read as follows: 
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1 ‘‘SECTION 1. FEDERAL AID IN RESTORATION AND PROTEC2 TION OF SHORES AND BEACHES. 

3 ‘‘(a) DECLARATION OF POLICY.—

4 ‘‘(1) POLICY.—It is the policy of the United 

5 States to promote shore and beach protection 

6 projects and related research that encourages the 

7 protection, restoration, and enhancement of shores, 

8 sandy beaches, and other coastal infrastructure on a 

9 comprehensive and coordinated basis by Federal, 

10 State, and local governments and private persons. 

11 ‘‘(2) PURPOSES.—The purposes of this Act 

12 are—

13 ‘‘(A) to restore and maintain the shores, 

14 beaches, and other coastal resources of the 

15 United States (including territories and posses16 sions); and 

17 ‘‘(B) to promote the healthful recreation of 

18 the people of the United States. 

19 ‘‘(3) PRIORITY.—In carrying out this Act, pref20 erence shall be given to areas—

21 ‘‘(A) in which there has been a previous in22 vestment of Federal funds; 

23 ‘‘(B) where regional sediment management 

24 plans have been adopted; 

25 ‘‘(C) with respect to which the need for 

26 prevention or mitigation of damage to shores, 
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1 beaches, and other coastal infrastructure is at2 tributable to Federal navigation projects or 

3 other Federal activities; or 

4 ‘‘(D) that promote—

5 ‘‘(i) human health and safety; and 

6 ‘‘(ii) the quality of life for individuals 

7 and families. 

8 ‘‘(b) IMPLEMENTATION.—The Secretary shall pay the 

9 Federal share of the cost of carrying out shore and beach 

10 protection projects and related research that encourages 

11 the protection, restoration, and enhancement of shores, 

12 sandy beaches, and other coastal infrastructure (including 

13 projects for beach restoration, periodic beach nourishment, 

14 and restoration or protection of State, county, or other 

15 shores, public coastal beaches, parks, conservation areas, 

16 or other environmental resources). 

17 ‘‘(c) FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

19 through (4), the Federal share of the cost of a 

20 project described in subsection (b) shall be deter21 mined in accordance with section 103 of the Water 

22 Resources Development Act of 1986 (33 U.S.C. 

23 2213). 

24 ‘‘(2) EXCEPTION.—In the case of a project for 

25 beach erosion control the primary purpose of which 
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1 is recreation, the Federal share shall be equal to the 

2 Federal share for a beach erosion control project the 

3 primary purpose of which is storm damage protec4 tion or environmental restoration. 

5 ‘‘(3) REMAINDER.—

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the remainder of the cost of the con8 struction of a project described in subsection 

9 (b) shall be paid by a State, municipality, other 

10 political subdivision, nonprofit entity, or private 

11 enterprise. 

12 ‘‘(B) EXCEPTION.—The Federal Govern13 ment shall bear all of the costs incurred for the 

14 restoration and protection of Federal property. 

15 ‘‘(4) GREATER FEDERAL SHARE.—In the case 

16 of a project described in subsection (b) for the res17 toration and protection of a State, county, or other 

18 publicly-owned shore, coastal beach, park, conserva19 tion area, or other environmental resource, the Chief 

20 of Engineers may increase the Federal share to be 

21 greater than that provided in paragraph (1) if the 

22 area—

23 ‘‘(A) includes—

24 ‘‘(i) a zone that excludes permanent 

25 human habitation; or 
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1 ‘‘(ii) a recreational beach or other 

2 area determined by the Chief of Engineers; 

3 ‘‘(B) satisfies adequate criteria for con4 servation and development of the natural re5 sources of the environment; and 

6 ‘‘(C) extends landward a sufficient distance 

7 to include, as approved by the Chief of Engi8 neers—

9 ‘‘(i) protective dunes, bluffs, or other 

10 natural features; 

11 ‘‘(ii) such other appropriate measures 

12 adopted by the State or political subdivi13 sion of the State to protect uplands areas 

14 from damage, promote public recreation, or 

15 protect environmental resources; or 

16 ‘‘(iii) appropriate facilities for public 

17 use. 

18 ‘‘(5) RECOMMENDATIONS.—

19 ‘‘(A) IN GENERAL.—In recommending to 

20 Congress projects for Federal participation, the 

21 Secretary shall recommend projects for the res22 toration and protection of shores and beaches 

23 that promote equally all national economic de24 velopment benefits and purposes, including
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1 recreation, hurricane and storm damage reduc2 tion, and environmental restoration. 

3 ‘‘(B) REPORT.—The Secretary shall—

4 ‘‘(i) identify projects that maximize 

5 net benefits for national purposes; and 

6 ‘‘(ii) submit to Congress a report that 

7 describes the findings of the Secretary. 

8 ‘‘(d) PERIODIC BEACH NOURISHMENT.—In this Act, 

9 when the most suitable and economical remedial measures, 

10 as determined by the Chief of Engineers, would be pro11 vided by periodic beach nourishment, the term ‘construc12 tion’ shall include the deposit of sand fill at suitable inter13 vals of time to furnish sand supply to protect shores and 

14 beaches for a period of time specified by the Chief of Engi15 neers and authorized by Congress. 

16 ‘‘(e) PRIVATE SHORES AND BEACHES.—

17 ‘‘(1) IN GENERAL.—A shore or beach, other 

18 than a public shore or beach, shall be eligible for 

19 Federal assistance under this Act if—

20 ‘‘(A) there is a benefit to a public shore or 

21 beach, including a benefit from public use or 

22 from the protection of nearby public property; 

23 or 

24 ‘‘(B) the benefits to the shore or beach are 

25 incidental to the project. 
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1 ‘‘(2) FEDERAL SHARE.—The Secretary shall 

2 adjust the Federal share of a project for a shore or 

3 beach, other than a public shore or beach, to reflect 

4 the benefits described in paragraph (1). 

5 ‘‘(f) AUTHORIZATION OF PROJECTS.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 no Federal share shall be provided for a project 

8 under this Act unless—

9 ‘‘(A) the plan for that project has been 

10 specifically adopted and authorized by Congress 

11 after investigation and study; or 

12 ‘‘(B) in the case of a small project under 

13 sections 3 or 5, the plan for that project has 

14 been approved by the Chief of Engineers. 

15 ‘‘(2) STUDIES.—

16 ‘‘(A) IN GENERAL.—The Secretary shall—

17 ‘‘(i) recommend to Congress studies 

18 concerning shore and beach protection 

19 projects that meet the criteria established 

20 under this Act and other applicable law; 

21 ‘‘(ii) conduct such studies as Congress 

22 requests; and 

23 ‘‘(iii) report the results of all studies 

24 requested by Congress to the Committee 

25 on Environment and Public Works of the 
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1 Senate and the Committee on Transpor2 tation and Infrastructure of the House of 

3 Representatives. 

4 ‘‘(B) RECOMMENDATIONS FOR SHORE AND

5 BEACH PROTECTION PROJECTS.—

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall—

8 ‘‘(I) recommend to Congress the 

9 authorization or reauthorization of all 

10 shore and beach protection projects 

11 the plans for which have been ap12 proved by the Chief of Engineers; and 

13 ‘‘(II) report to Congress on the 

14 feasibility of other projects that have 

15 been studied under subparagraph (A) 

16 but have not been approved by the 

17 Chief of Engineers. 

18 ‘‘(ii) CONSIDERATIONS.—In approving 

19 a project plan, the Chief of Engineers shall 

20 consider the economic and ecological bene21 fits of the shore or beach protection 

22 project. 

23 ‘‘(C) COORDINATION OF PROJECTS.—In 

24 conducting studies and making recommenda-
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1 tions for a shore or beach protection project 

2 under this paragraph, the Secretary shall—

3 ‘‘(i) determine whether there is any 

4 other project being carried out by the Sec5 retary or other Federal agency that may be 

6 complementary to the shore or beach pro7 tection project; and 

8 ‘‘(ii) if there is such a complementary 

9 project, undertake efforts to coordinate the 

10 projects. 

11 ‘‘(3) SHORE AND BEACH PROTECTION

12 PROJECTS.—

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 construct any shore or beach protection project 

15 authorized by Congress, or separable element of 

16 such a project, for which Congress has appro17 priated funds. 

18 ‘‘(B) AGREEMENTS.—

19 ‘‘(i) REQUIREMENT.—After authoriza20 tion by Congress, before the commence21 ment of construction of a shore or beach 

22 protection project or separable element, the 

23 Secretary shall offer to enter into a written 

24 agreement for the authorized period of 

25 Federal participation in the project with a 
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1 non-Federal interest with respect to the 

2 project or separable element. 

3 ‘‘(ii) TERMS.—The agreement shall—

4 ‘‘(I) specify the authorized period 

5 of Federal participation in the project; 

6 and 

7 ‘‘(II) ensure that the Federal 

8 Government and the non-Federal in9 terest cooperate in carrying out the 

10 project or separable element. 

11 ‘‘(g) EXTENSION OF THE PERIOD OF FEDERAL PAR12 TICIPATION.—At the request of a non-Federal interest, 

13 the Secretary, acting through the Chief of Engineers and 

14 with the approval of Congress, shall extend the period of 

15 Federal participation in a beach nourishment project that 

16 is economically feasible, engineeringly sound, and environ17 mentally acceptable for such additional period as the Sec18 retary determines appropriate. 

19 ‘‘(h) SPECIAL CONSIDERATIONS.—In a case in which 

20 funds have been appropriated to the Corps of Engineers 

21 for a specific project but the funds cannot be expended 

22 because of the time limits of environmental permits or 

23 similar environmental considerations, the Secretary may 

24 carry over such funds for use in the next fiscal year if 

25 construction of the project, or a separable element of the 
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1 project, will cause minimal environmental damage and will 

2 not violate an environmental permit.’’.

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