I 
109TH CONGRESS 
1ST SESSION H. R. 1174
To improve regional sediment management. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2005
Mr. SHAW (for himself and Mr. PALLONE) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To improve regional sediment management.
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 ‘‘Sand Conservation and 
Taxpayer Savings Act of 2005’’. 
SEC. 2. REGIONAL SEDIMENT MANAGEMENT. 
(a) IN GENERAL.—Section 204 of Water Resources 
Development Act of 1992 (33 U.S.C. 2326) is amended 
to read as follows: 
‘‘(a) IN GENERAL.—In connection with sediment ob-
tained through the construction, operation, or mainte-
nance of an authorized Federal water resources project,
the Secretary, acting through the Chief of Engineers, shall 
develop regional sediment management plans and carry 
out projects for the protection of property; the protection, 
restoration, and creation of aquatic and ecologically re-
lated habitats, including wetlands; and the transport and 
placement of suitable sediment at locations identified in 
the plan prepared under subsection (b), or identified joint-
ly by the non-Federal interest and the Secretary, for use 
in the construction, repair, modification, or rehabilitation 
of projects associated with Federal water resources 
projects. 
‘‘(b) SECRETARIAL
FINDINGS.—Subject to sub-
section (c), projects undertaken under subsection (a) may 
be undertaken in any case in which the Secretary finds 
that—
‘‘(1) the environmental, economic, and social 
benefits of the project, both monetary and nonmone-
tary, justify the cost thereof; and 
‘‘(2) the project would not result in environ-
mental degradation. 
‘‘(c) DETERMINATION OF PLANNING AND PROJECT 
COSTS.—
‘‘(1) In consultation and cooperation with the 
appropriate Federal, State, regional and local agen-
cies, the Secretary, acting through the Chief of En-
gineers, shall develop at Federal expense plans and 
projects for regional management of sediment ob-
tained in conjunction with construction, operation, 
and 
maintenance 
of 
Federal 
water 
resources 
projects. 
‘‘(2) Costs associated with construction of a 
project under this section shall be limited solely to 
construction costs which are in excess of those costs 
necessary to carry out the dredging for construction, 
operation, or maintenance of an authorized Federal 
water resources project in the most cost effective 
way, consistent with economic, engineering, and en-
vironmental criteria. The determination of any non-
Federal share of the construction cost shall be based 
on the cost sharing for the type of Federal water re-
source project involved. 
‘‘(3) Operation, maintenance, replacement, and 
rehabilitation costs associated with a project are a 
non-Federal sponsor responsibility. 
‘‘(d) SELECTION OF SEDIMENT DISPOSAL METHOD 
FOR ENVIRONMENTAL PURPOSES.—In developing and 
carrying out a Federal water resources project involving 
the disposal of material, the Secretary may select, with 
the consent of the non-Federal interest, a disposal method 
that is not the least-cost option if the Secretary deter-
mines that the incremental costs of such disposal method 
are reasonable in relation to the environmental benefits, 
including the benefits to the aquatic environment to be 
derived from the creation of wetlands and control of shore-
line erosion. The Federal share of such incremental costs 
shall be determined in accordance with subsection (b) of 
this section. 
‘‘(e) STATE AND REGIONAL PLANS.—The Secretary, 
acting through the Chief of Engineers, may—
‘‘(1) cooperate with any State in the prepara-
tion of a comprehensive State or regional coastal 
sediment management plan within the boundaries of 
the State; 
‘‘(2) encourage State participation in the imple-
mentation of the plan; and 
‘‘(3) submit to Congress reports and rec-
ommendations with respect to appropriate Federal 
participation in carrying out the plan. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$30,000,000 annually, of which up to $5,000,000 shall be 
used for the development of regional sediment manage-
ment plans as provided in subsection (b). Such sums shall 
remain available until expended.