I
104TH CONGRESS
2D SESSION
H. R. 3551
To amend the Act entitled ‘‘An Act authorizing Federal participation in
the cost of protecting the shores of publicly owned property’’ to confirm
and clarify the authority and responsibility of the Secretary of the Army,
acting through the Chief of Engineers, to promote and carry out shore
protection projects, including beach nourishment projects, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 29, 1996
Mr. SHAW (for himself, Mr. PALLONE, Mr. FOLEY, Mr. CASTLE, Mr. AN-
DREWS, and Mr. CUNNINGHAM) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Act entitled ‘‘An Act authorizing Federal
participation in the cost of protecting the shores of pub-
licly owned property’’ to confirm and clarify the authority
and responsibility of the Secretary of the Army, acting
through the Chief of Engineers, to promote and carry
out shore protection projects, including beach nourish-
ment projects, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shore Protection Act
of 1996’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the beach, shore, and coastal resources of
the United States—
(A) are critical assets that must be pro-
tected, conserved, and restored; and
(B) provide economic and environmental
benefits that are of national significance;
(2) a network of healthy and nourished beaches
is essential to the economy, competitiveness in world
tourism, and safety of coastal communities of the
United States;
(3)(A) the coasts of the United States are an
economic asset, supporting 34 percent of national
employment, or 28,000,000 jobs; and
(B) the 413 coastal communities of the United
States generate $1,300,000,000,000, or 1⁄3, of the
gross domestic product;
(4)(A) travel and tourism—
(i) is the second largest sector of the econ-
omy of the United States; and
(ii) contributed over $746,000,000,000 to
the gross domestic product in 1995;
(B) the health of the beaches and shoreline of
the United States contributes to this economic bene-
fit, since the leading tourist destinations in the Unit-
ed States are beaches; and
(C) 85 percent of all tourism-generated revenue
in the United States derives from coastal commu-
nities;
(5)(A) the value of the coastline of the United
States lies not only in the jobs and revenue that the
coastline generates, but also in the families, homes,
and businesses that the coastline protects from hur-
ricanes, typhoons, and tropical and extratropical
storms;
(B) almost 50 percent of the total United
States population lives in coastal communities; and
(C) beaches provide protection to prevent the
destruction of life and hundreds of billions of dollars
worth of property;
(6) shoreline protection projects can provide ec-
ological and environmental benefits by providing for,
or by restoring, marine and littoral habitat;
(7)(A) the coastline of the United States is a
national treasure, visited by millions of Americans
and foreign tourists every year;
(B) over 90,000,000 Americans spend time
boating or fishing along the coast each year; and
(C) the average American spends 10 rec-
reational days per year on the coast; and
(8) since shoreline protection projects generate
positive economic, recreational, and environmental
outcomes that benefit the United States as a whole,
Federal responsibility for preserving this valuable re-
source should be maintained.
(b) PURPOSE.—The purpose of this Act is to provide
for a Federal role in shore protection projects, including
projects involving the replacement of sand, for which the
economic and ecological benefits to the locality, region, or
Nation exceed the costs.
SEC. 3. SHORE PROTECTION.
(a) IN GENERAL.—The first section of the Act enti-
tled ‘‘An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property’’, ap-
proved August 13, 1946 (33 U.S.C. 426e), is amended—
(1) in subsection (a)—
(A) by striking ‘‘damage to the shores’’
and inserting ‘‘damage to the shores and beach-
es’’; and
(B) by striking ‘‘the following provisions’’
and all that follows through the period at the
end and inserting the following: ‘‘this Act, to
promote shore protection projects and related
research that encourage the protection, restora-
tion, and enhancement of sandy beaches, in-
cluding beach restoration and periodic beach
nourishment, on a comprehensive and coordi-
nated basis by the Federal Government, States,
localities, and private enterprises. In carrying
out this policy, preference shall be given to
areas in which there has been a Federal invest-
ment of funds and areas with respect to which
the need for prevention or mitigation of damage
to shores and beaches is attributable to Federal
navigation projects or other Federal activities.’’;
(2) in subsection (d), by striking ‘‘or from the
protection of nearby public property’’ and inserting
‘‘, if there are sufficient benefits to local and re-
gional economic development and to the local and re-
gional ecology (as determined under subsection
(e)(2)(B)),’’; and
(3) in subsection (e)—
(A) by striking ‘‘(e) No’’ and inserting the
following:
‘‘(e) AUTHORIZATION OF PROJECTS.—
‘‘(1) IN GENERAL.—No’’; and
(B) by adding at the end the following:
‘‘(2) STUDIES.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) recommend to Congress studies
concerning shore protection projects that
meet the criteria established under this Act
(including 
subparagraph 
(B)(iii)) 
and
other applicable law;
‘‘(ii) conduct such studies as Congress
requires under applicable laws; and
‘‘(iii) report the results of the studies
to the appropriate committees of Congress.
‘‘(B) RECOMMENDATIONS FOR SHORE PRO-
TECTION PROJECTS.—
‘‘(i) IN
GENERAL.—The Secretary
shall recommend to Congress the author-
ization or reauthorization of shore protec-
tion projects based on the studies con-
ducted under subparagraph (A).
‘‘(ii) CONSIDERATIONS.—In making
recommendations, the Secretary shall con-
sider the economic and ecological benefits
of a shore protection project and the abil-
ity of the non-Federal interest to partici-
pate in the project.
‘‘(iii) CONSIDERATION OF LOCAL AND
REGIONAL
BENEFITS.—In analyzing the
economic and ecological benefits of a shore
protection project, or a flood control or
other water resource project the purpose of
which includes shore protection, the Sec-
retary shall consider benefits to local and
regional economic development, and to the
local and regional ecology, in calculating
the full economic and ecological justifica-
tions for the project.
‘‘(iv) NEPA REQUIREMENTS.—Noth-
ing in this subparagraph imposes any re-
quirement on the Army Corps of Engineers
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) COORDINATION
OF
PROJECTS.—In
conducting studies and making recommenda-
tions for a shore protection project under this
paragraph, the Secretary shall—
‘‘(i) determine whether there is any
other project being carried out by the Sec-
retary or the head of another Federal
agency that may be complementary to the
shore protection project; and
‘‘(ii) if there is such a complementary
project, describe the efforts that will be
made to coordinate the projects.
‘‘(3) SHORE PROTECTION PROJECTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
construct, or cause to be constructed, any shore
protection project authorized by Congress, or
separable element of such a project, for which
funds have been appropriated by Congress.
‘‘(B) AGREEMENTS.—
‘‘(i) REQUIREMENT.—After authoriza-
tion by Congress, and before commence-
ment of construction, of a shore protection
project or separable element, the Secretary
shall enter into a written agreement with a
non-Federal interest with respect to the
project or separable element.
‘‘(ii) TERMS.—The agreement shall—
‘‘(I) specify the life of the
project; and
‘‘(II) ensure that the Federal
Government and the non-Federal in-
terest will cooperate in carrying out
the project or separable element.
‘‘(C) COORDINATION
OF
PROJECTS.—In
constructing a shore protection project or sepa-
rable element under this paragraph, the Sec-
retary shall, to the extent practicable, coordi-
nate the project or element with any com-
plementary project identified under paragraph
(2)(C).
‘‘(4) REPORT
TO
CONGRESS.—The Secretary
shall report annually to the appropriate committees
of Congress on the status of all ongoing shore pro-
tection studies and shore protection projects carried
out under the jurisdiction of the Secretary.’’.
(b) REQUIREMENT OF AGREEMENTS PRIOR TO RE-
IMBURSEMENTS.—
(1) SMALL
SHORE
PROTECTION
PROJECTS.—
Section 2 of the Act entitled ‘‘An Act authorizing
Federal participation in the cost of protecting the
shores of publicly owned property’’, approved August
13, 1946 (33 U.S.C. 426f), is amended—
(A) by striking ‘‘SEC. 2. The Secretary of
the Army’’ and inserting the following:
‘‘SEC. 2. REIMBURSEMENTS.
‘‘(a) IN GENERAL.—The Secretary’’;
(B) in subsection (a) (as so designated)—
cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946 (as redesignated
by subsection (c)(1)), is amended—
(A) by striking ‘‘SEC. 5. As used in this
Act, the word ‘shores’ includes all the shore-
lines’’ and inserting the following:
‘‘SEC. 5. DEFINITIONS.
‘‘In this Act:
‘‘(1) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Army, acting through the Chief
of Engineers.
‘‘(2) SEPARABLE ELEMENT.—The term ‘sepa-
rable element’ has the meaning provided by section
103(f) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(f)).
‘‘(3) SHORE.—The term ‘shore’ includes each
shoreline of each’’; and
(B) by adding at the end the following:
‘‘(4) SHORE PROTECTION PROJECT.—The term
‘shore protection project’ includes a project for
beach nourishment, including the replacement of
sand.’’.
(2) CONFORMING AMENDMENTS.—The Act en-
titled ‘‘An Act authorizing Federal participation in
the cost of protecting the shores of publicly owned
property’’, approved August 13, 1946, is amended—
(A) in subsection (b)(3) of the first section
(33 U.S.C. 426e(b)(3)), by striking ‘‘Secretary
of the Army, acting through the Chief of Engi-
neers,’’ and inserting ‘‘Secretary,’’; and
(B) in section 3 (33 U.S.C. 426g), by
striking ‘‘Secretary of the Army’’ and inserting
‘‘Secretary’’.
(e) OBJECTIVES OF PROJECTS.—Section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962–2) is amend-
ed by inserting ‘‘(including shore protection projects such
as projects for beach nourishment, including the replace-
ment of sand)’’ after ‘‘water resource projects’’.
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