I 

108TH CONGRESS 

2D SESSION H. R. 4507 

To ensure the continuation and improvement of coastal restoration. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2004 

Mr. LOBIONDO (for himself and Mr. LAMPSON) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To ensure the continuation and improvement of coastal 

restoration. 

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’’. 

6 SEC. 2. PROTECTION OF SHORES. 

7 (a) DECLARATION OF POLICY.—The first section of 

8 the Act entitled ‘‘An Act authorizing Federal participation 

9 in the cost of protecting the shores of publicly owned prop10 erty’’, approved August 13, 1946 (33 U.S.C. 4260) is 

11 amended to read as follows: 
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1 ‘‘(a) DECLARATION OF POLICY.—With the purpose 

2 of preventing damage, restoring and maintaining the 

3 shores, beaches and other coastal resources of the United 

4 States, its territories and possessions, and promoting and 

5 encouraging the healthful recreation of the people, it is 

6 declared to be the policy of the United States, subject to 

7 the provisions of this Act, to promote beach nourishment 

8 projects and related research that encourage the protec9 tion, restoration, and enhancement of sandy beaches and 

10 other coastal infrastructure, including beach restoration 

11 and periodic beach nourishment, on a comprehensive and 

12 coordinated basis by the Federal Government, States, lo13 calities, and private interests. In carrying out this policy, 

14 preference shall be given to areas— 

15 ‘‘(1) in which there has been a previous invest16 ment of Federal funds; 

17 ‘‘(2) in which regional sediment management 

18 plans have been adopted; 

19 ‘‘(3) in which the need for prevention or mitiga20 tion of damage to shores, beaches, and other coastal 

21 infrastructure is attributable to Federal navigation 

22 projects or other Federal activities; or 

23 ‘‘(4) which promote human health and safety 

24 and the quality of life for individuals and families.’’. 
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1 ‘‘(b) IMPLEMENTATION.—The Secretary shall pay the 

2 Federal share of the cost of carrying out beach nourish3 ment projects and related research that encourages the 

4 protection, restoration, and enhancement of shores, sandy 

5 beaches, and other coastal infrastructure (including 

6 projects for beach restoration, periodic beach nourishment, 

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

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

9 or other environmental resources). 

10 ‘‘(c) FEDERAL SHARE.— 

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

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

13 project described in subsection (b) shall be deter14 mined in accordance with section 103 of the Water 

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

16 2213). 

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

18 beach erosion control the primary purpose of which 

19 is recreation, the Federal share shall be equal to the 

20 Federal share for a beach erosion control project the 

21 primary purpose of which is storm damage protec22 tion or environmental restoration. 

23 ‘‘(3) REMAINDER.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the remainder of the cost of the con-
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1 struction of a project described in subsection 

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

3 political subdivision, nonprofit entity, or private 

4 interest. 

5 ‘‘(B) EXCEPTION.—The Federal Govern6 ment shall bear all of the costs incurred for the 

7 restoration and protection of Federal property. 

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

9 of a project described in subsection (b) for the res10 toration and protection of a State, county, or other 

11 publicly-owned shore, coastal beach, park, conserva12 tion area, or other environmental resource, the Chief 

13 of Engineers may increase the Federal share to be 

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

15 area— 

16 ‘‘(A) includes— 

17 ‘‘(i) a zone that excludes permanent 

18 human habitation; or 

19 ‘‘(ii) a recreational beach or other 

20 area determined by the Chief of Engineers; 

21 ‘‘(B) satisfies adequate criteria for con22 servation and development of the natural re23 sources of the environment; and 
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1 ‘‘(C) extends landward a sufficient distance 

2 to include, as approved by the Chief of Engi3 neers— 

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

5 natural features; 

6 ‘‘(ii) such other appropriate measures 

7 adopted by the State or political subdivi8 sion of the State to protect uplands areas 

9 from damage, promote public recreation, or 

10 protect environmental resources; or 

11 ‘‘(iii) appropriate facilities for public 

12 use. 

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

14 when the most suitable and economical remedial measures, 

15 as determined by the Chief of Engineers, would be pro16 vided by periodic beach nourishment, the term ‘construc17 tion’ shall include the deposit of sand fill at suitable inter18 vals of time to furnish sand supply to protect shores and 

19 beaches for a period of time specified by the Chief of Engi20 neers and authorized by Congress. 

21 ‘‘(e) PRIVATE SHORES AND BEACHES.— 

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

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

24 Federal assistance under this Act if— 
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1 ‘‘(A) there is a benefit to a public shore or 

2 beach, including a benefit from public use or 

3 from the protection of nearby public property; 

4 or 

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

6 incidental to the project. 

7 ‘‘(2) FEDERAL SHARE.—The Secretary shall 

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

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

10 the benefits described in paragraph (1). 

11 ‘‘(f) AUTHORIZATION OF PROJECTS.— 

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

13 no Federal share shall be provided for a project 

14 under this Act unless— 

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

16 specifically adopted and authorized by Congress 

17 after investigation and study; or 

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

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

20 been approved by the Chief of Engineers. 

21 ‘‘(2) STUDIES.— 

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

23 ‘‘(i) recommend to Congress studies 

24 concerning beach nourishment projects 
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1 that meet the criteria established under 

2 this Act and other applicable law; 

3 ‘‘(ii) conduct such studies as Congress 

4 requests; and 

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

6 requested by Congress to the Committee 

7 on Environment and Public Works of the 

8 Senate and the Committee on Transpor9 tation and Infrastructure of the House of 

10 Representatives. 

11 ‘‘(B) RECOMMENDATIONS FOR BEACH

12 NOURISHMENT PROJECTS.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall— 

15 ‘‘(I) recommend to Congress the 

16 authorization or reauthorization of all 

17 shore and beach nourishment projects 

18 the plans for which have been ap19 proved by the Chief of Engineers; and 

20 ‘‘(II) report to Congress on the 

21 feasibility of other projects that have 

22 been studied under subparagraph (A) 

23 but have not been approved by the 

24 Chief of Engineers. 
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1 ‘‘(ii) CONSIDERATIONS.—In approving 

2 a project plan, the Chief of Engineers shall 

3 consider the economic and ecological bene4 fits of the beach nourishment project. 

5 ‘‘(C) COORDINATION OF PROJECTS.—In 

6 conducting studies and making recommenda7 tions for a beach nourishment project under 

8 this paragraph, the Secretary shall— 

9 ‘‘(i) determine whether there is any 

10 other project being carried out by the Sec11 retary or other Federal agency that may be 

12 complementary to the beach nourishment 

13 project; and 

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

15 project, undertake efforts to coordinate the 

16 projects. 

17 ‘‘(3) BEACH NOURISHMENT PROJECTS.— 

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

19 construct any beach nourishment project au20 thorized by Congress, or separable element of 

21 such a project, for which Congress has appro22 priated funds. 

23 ‘‘(B) AGREEMENTS.— 

24 ‘‘(i) REQUIREMENT.—After authoriza25 tion by Congress, before the commence-
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1 ment of construction of beach nourishment 

2 project or separable element, the Secretary 

3 shall offer to enter into a written agree4 ment for the authorized period of Federal 

5 participation in the project with a non6 Federal interest with respect to the project 

7 or separable element. 

8 ‘‘(ii) TERMS.—The agreement shall— 

9 ‘‘(I) specify the authorized period 

10 of Federal participation in the project; 

11 and 

12 ‘‘(II) ensure that the Federal 

13 Government and the non-Federal in14 terest cooperate in carrying out the 

15 project or separable element. 

16 ‘‘(g) EXTENSION OF THE PERIOD OF FEDERAL PAR17 TICIPATION.—At the request of a non-Federal interest, 

18 the Secretary, acting through the Chief of Engineers and 

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

20 Federal participation in a beach nourishment project that 

21 is economically feasible, engineeringly sound, and environ22 mentally acceptable for such additional period as the Sec23 retary determines appropriate. 

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

25 funds have been appropriated to the Corps of Engineers 
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1 for a specific project but the funds cannot be expended 

2 because of the time limits of environmental permits or 

3 similar environmental considerations, the Secretary may 

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

5 construction of the project, or a separable element of the 

6 project, will cause minimal environmental damage and will 

7 not violate an environmental permit.’’. 

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