H. R. 3678
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To authorize the Secretary of the Interior to negotiate agreements for the use
of Outer Continental Shelf sand, gravel, and shell resources.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENTS.
(a) SECTION 8 AMENDMENTS.—Section 8(k) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1337(k)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(k)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Notwithstanding paragraph (1), the Secretary may nego-
tiate with any person an agreement for the use of Outer Continental
Shelf sand, gravel and shell resources—
‘‘(i) for use in a program of, or project for, shore protection,
beach restoration, or coastal wetlands restoration undertaken
by a Federal, State, or local government agency; or
‘‘(ii) for use in a construction project, other than a project
described in clause (i), that is funded in whole or in part
by or authorized by the Federal Government.
‘‘(B) In carrying out a negotiation under this paragraph, the
Secretary may assess a fee based on an assessment of the value
of the resources and the public interest served by promoting devel-
opment of the resources. No fee shall be assessed directly or
indirectly under this subparagraph against an agency of the Federal
Government.
‘‘(C) The Secretary may, through this paragraph and in con-
sultation with the Secretary of Commerce, seek to facilitate projects
in the coastal zone, as such term is defined in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), that
promote the policy set forth in section 303 of that Act (16 U.S.C.
1452).
‘‘(D) Any Federal agency which proposes to make use of sand,
gravel and shell resources subject to the provisions of this Act
shall enter into a Memorandum of Agreement with the Secretary
concerning the potential use of those resources. The Secretary shall
notify the Committee on Merchant Marine and Fisheries and the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
on any proposed project for the use of those resources prior to
the use of those resources.’’.
(b) SECTION 20 AMENDMENTS.—Section 20(a) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1346(a)) is amended—
(1) in paragraph (1)—
H. R. 3678—2
(A) by inserting ‘‘or other lease’’ after ‘‘any oil and
gas lease sale’’; and
(B) by inserting ‘‘or other mineral’’ after ‘‘affected by
oil and gas’’; and
(2) in paragraph (2), by inserting ‘‘In the case of an agree-
ment under section 8(k)(2), each study required by paragraph
(1) of this subsection shall be commenced not later than 6
months prior to commencing negotiations for such agreement
or the entering into the memorandum of agreement as the
case may be.’’ after ‘‘scheduled before such date of enactment.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.