view of existing data, reports, and studies (whether
conducted by a Federal or a non-Federal entity), rel-
evant to erosion in Brevard County, Florida.
(3) REVIEW BY INDEPENDENT EXPERT.—
(A) IN
GENERAL.—In conducting the
study under this subsection, the Secretary shall
hire an independent coastal expert to review
and report on the data, reports, and studies re-
ferred to in paragraph (2).
(B) SELECTION.—The Secretary shall se-
lect the expert described in subparagraph (A)
from a list of experts approved by the Corps of
Engineers, the Canaveral Port Authority, and
the County Commission of Brevard County,
Florida.
(4) TREATMENT OF MITIGATION MEASURES.—
In determining the extent and rate of erosion under
the study conducted under this subsection, the Sec-
retary shall take into account the effects of each pre-
viously implemented measure designed to mitigate
erosion or property damage attributable to the Ca-
naveral Harbor Project, except those measures im-
plemented under the Shoreline Protection Project.
(c) MITIGATION.—
(1) DETERMINATION.—Not later than 180 days
after the date of enactment of this section, the Sec-
retary shall determine, based on the results of the
study conducted under subsection (b), whether any
measures are necessary to prevent or mitigate ero-
sion or property damage, or to correct or repair past
erosion or property damage, attributable to the Ca-
naveral Harbor Project.
(2) AUTHORITY.—After making a determina-
tion under paragraph (1), the Secretary shall plan,
design, and implement any measures that the Sec-
retary considers to be necessary to prevent, mitigate,
correct, or repair, any erosion or property damage
that is attributable to the Canaveral Harbor Project.
(3) ALLOCATION
OF
COSTS.—Except as pro-
vided in paragraph (4), the Federal and non-Federal
shares of the costs of implementing any measure
under this subsection shall be the same as for the
Canaveral Harbor Project.
(4) RENOURISHMENT IN CERTAIN AREAS.—
(A) REALLOCATION OF COSTS.—If under
paragraph (2) the Secretary carries out any re-
nourishment of a shore or beach located within
the boundaries of the area covered by the
Shoreline Protection Project, the Secretary
shall modify the project cooperation agreement
for the Shoreline Protection Project to increase
the Federal share of the project costs of initial
construction and periodic renourishment to re-
flect the increased costs incurred by the Sec-
retary.
(B) CREDIT
OR
REIMBURSEMENT
OF
FUNDS.—Based on any reallocation of costs
under subparagraph (A), the Secretary shall
credit or reimburse each non-Federal interest
for any excess funds it may have expended with
respect to the Shoreline Protection Project.
(d) REPEAL.—Section 310 of the Water Resources
Development Act of 1999 (113 Stat. 301) is repealed.
(e) FUNDING.—
(1) STUDY.—Of the funds made available for
the operation or maintenance of the Canaveral Har-
bor Project, not more than $250,000 may be used
by the Secretary to conduct the study described in
subsection (b).
(2) TREATMENT
OF
COSTS
OF
MITIGATION
MEASURES.—The costs of any mitigation measure
carried out under this section shall be allocated to
the Canaveral Harbor Project as operation and
maintenance costs.
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