I 
109TH CONGRESS 
1ST SESSION H. R. 2846
To ensure the continuation and improvement of coastal restoration. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2005
Mr. LOBIONDO (for himself and Mr. MCINTYRE) 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.
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 ‘‘Community Beaches 
Protection Act’’. 
SEC. 2. PROTECTION OF SHORES. 
(a) DECLARATION OF POLICY.—The first section of 
the Act entitled ‘‘An Act authorizing Federal participation 
in the cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946 (33 U.S.C. 426e), is 
amended to read as follows:
‘‘SECTION 1. BEACH NOURISHMENT. 
‘‘(a) DECLARATION OF POLICY.—With the purpose 
of preventing damage, restoring and maintaining the 
shores, beaches and other coastal resources of the United 
States, its territories and possessions, and promoting and 
encouraging the healthful recreation of the people, it is 
declared to be the policy of the United States, subject to 
the provisions of this Act, to promote beach nourishment 
projects and related research that encourage the protec-
tion, restoration, and enhancement of sandy beaches and 
other coastal infrastructure, including beach restoration 
and periodic beach nourishment, on a comprehensive and 
coordinated basis by the Federal Government, States, lo-
calities, and private interests. In carrying out this policy, 
preference shall be given to areas—
‘‘(1) in which there has been a previous invest-
ment of Federal funds; 
‘‘(2) in which regional sediment management 
plans have been adopted; 
‘‘(3) in which the need for prevention or mitiga-
tion of damage to shores, beaches, and other coastal 
infrastructure is attributable to Federal navigation 
projects or other Federal activities; or 
‘‘(4) which promote human health and safety 
and the quality of life for individuals and families.’’.
‘‘(b) IMPLEMENTATION.—The Secretary shall pay the 
Federal share of the cost of carrying out beach nourish-
ment projects and related research that encourages the 
protection, restoration, and enhancement of shores, sandy 
beaches, and other coastal infrastructure (including 
projects for beach restoration, periodic beach nourishment, 
and restoration or protection of State, county, or other 
shores, public coastal beaches, parks, conservation areas, 
or other environmental resources). 
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
through (4), the Federal share of the cost of a 
project described in subsection (b) shall be deter-
mined in accordance with section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 
2213). 
‘‘(2) EXCEPTION.—In the case of a project for 
beach erosion control the primary purpose of which 
is recreation, the Federal share shall be equal to the 
Federal share for a beach erosion control project the 
primary purpose of which is storm damage protec-
tion or environmental restoration. 
‘‘(3) REMAINDER.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the remainder of the cost of the con-
struction of a project described in subsection 
(b) shall be paid by a State, municipality, other 
political subdivision, or nonprofit entity. 
‘‘(B) EXCEPTION.—The Federal Govern-
ment shall bear all of the costs incurred for the 
restoration and protection of Federal property. 
‘‘(4) GREATER FEDERAL SHARE.—In the case 
of a project described in subsection (b) for the res-
toration and protection of a State, county, or other 
publicly-owned shore, coastal beach, park, conserva-
tion area, or other environmental resource, the Chief 
of Engineers may increase the Federal share to be 
greater than that provided in paragraph (1) if the 
area—
‘‘(A) includes—
‘‘(i) a zone that excludes permanent 
human habitation; or 
‘‘(ii) a recreational beach or other 
area determined by the Chief of Engineers; 
‘‘(B) satisfies adequate criteria for con-
servation and development of the natural re-
sources of the environment; and 
‘‘(C) extends landward a sufficient distance 
to include, as approved by the Chief of Engi-
neers—
‘‘(i) protective dunes, bluffs, or other 
natural features; 
‘‘(ii) such other appropriate measures 
adopted by the State or political subdivi-
sion of the State to protect uplands areas 
from damage, promote public recreation, or 
protect environmental resources; or 
‘‘(iii) appropriate facilities for public 
use. 
‘‘(d) PERIODIC BEACH NOURISHMENT.—In this Act, 
when the most suitable and economical remedial measures, 
as determined by the Chief of Engineers, would be pro-
vided by periodic beach nourishment, the term ‘construc-
tion’ shall include the deposit of sand fill at suitable inter-
vals of time to furnish sand supply to protect shores and 
beaches for a period of time specified by the Chief of Engi-
neers and authorized by Congress. 
‘‘(e) PRIVATE SHORES AND BEACHES.—
‘‘(1) IN
GENERAL.—A shore or beach, other 
than a public shore or beach, shall be eligible for 
Federal assistance under this Act if—
‘‘(A) there is a benefit to a public shore or 
beach, including a benefit from public use or 
from the protection of nearby public property; 
or
‘‘(B) the benefits to the shore or beach are 
incidental to the project. 
‘‘(2) FEDERAL
SHARE.—The Secretary shall 
adjust the Federal share of a project for a shore or 
beach, other than a public shore or beach, to reflect 
the benefits described in paragraph (1). 
‘‘(f) AUTHORIZATION OF PROJECTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
no Federal share shall be provided for a project 
under this Act unless—
‘‘(A) the plan for that project has been 
specifically adopted and authorized by Congress 
after investigation and study; or 
‘‘(B) in the case of a small project under 
section 3 or 5, the plan for that project has 
been approved by the Chief of Engineers. 
‘‘(2) STUDIES.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) recommend to Congress studies 
concerning beach nourishment projects 
that meet the criteria established under 
this Act and other applicable law; 
‘‘(ii) conduct such studies as Congress 
requests; and
‘‘(iii) report the results of all studies 
requested by Congress to the Committee 
on Environment and Public Works of the 
Senate and the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives. 
‘‘(B) 
RECOMMENDATIONS
FOR
BEACH 
NOURISHMENT PROJECTS.—
‘‘(i) IN
GENERAL.—The Secretary 
shall—
‘‘(I) recommend to Congress the 
authorization or reauthorization of all 
shore and beach nourishment projects 
the plans for which have been ap-
proved by the Chief of Engineers; and 
‘‘(II) report to Congress on the 
feasibility of other projects that have 
been studied under subparagraph (A) 
but have not been approved by the 
Chief of Engineers. 
‘‘(ii) CONSIDERATIONS.—In approving 
a project plan, the Chief of Engineers shall 
consider the economic and ecological bene-
fits of the beach nourishment project.
‘‘(C) COORDINATION
OF
PROJECTS.—In 
conducting studies and making recommenda-
tions for a beach nourishment project under 
this paragraph, the Secretary shall—
‘‘(i) determine whether there is any 
other project being carried out by the Sec-
retary or other Federal agency that may be 
complementary to the beach nourishment 
project; and 
‘‘(ii) if there is such a complementary 
project, undertake efforts to coordinate the 
projects. 
‘‘(3) BEACH NOURISHMENT PROJECTS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
construct any beach nourishment project au-
thorized by Congress, or separable element of 
such a project, for which Congress has appro-
priated funds. 
‘‘(B) AGREEMENTS.—
‘‘(i) REQUIREMENT.—After authoriza-
tion by Congress, before the commence-
ment of construction of beach nourishment 
project or separable element, the Secretary 
shall offer to enter into a written agree-
ment for the authorized period of Federal
participation in the project with a non-
Federal interest with respect to the project 
or separable element. 
‘‘(ii) TERMS.—The agreement shall—
‘‘(I) specify the authorized period 
of Federal participation in the project; 
and 
‘‘(II) ensure that the Federal 
Government and the non-Federal in-
terest cooperate in carrying out the 
project or separable element. 
‘‘(g) EXTENSION OF THE PERIOD OF FEDERAL PAR-
TICIPATION.—At the request of a non-Federal interest, 
the Secretary, acting through the Chief of Engineers and 
with the approval of Congress, shall extend the period of 
Federal participation in a beach nourishment project that 
is economically feasible, engineeringly sound, and environ-
mentally acceptable for such additional period as the Sec-
retary determines appropriate. 
‘‘(h) SPECIAL CONSIDERATIONS.—In a case in which 
funds have been appropriated to the Corps of Engineers 
for a specific project but the funds cannot be expended 
because of the time limits of environmental permits or 
similar environmental considerations, the Secretary may 
carry over such funds for use in the next fiscal year if
construction of the project, or a separable element of the 
project, will cause minimal environmental damage and will 
not violate an environmental permit.’’. 
SEC. 3. NON-FEDERAL CONTRIBUTIONS. 
Section 103 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2213) is amended by adding at the 
end the following: 
‘‘(n) NON-FEDERAL CONTRIBUTIONS.—
‘‘(1) PROHIBITION
ON
SOLICITATION
OF
EX-
CESS CONTRIBUTIONS.—The Secretary may not so-
licit contributions from non-Federal interests for 
costs of constructing authorized water resources de-
velopment projects or measures in excess of the non-
Federal share assigned to the appropriate project 
purposes listed in subsections (a), (b), and (c) or 
condition Federal participation in such projects or 
measures on the receipt of such contributions. 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to affect the Secretary’s authority under section 
903(c) of this Act.’’. 
SEC. 4. NATIONAL SHORELINE EROSION CONTROL DEVEL-
OPMENT AND DEMONSTRATION PROGRAM. 
(a) PERMENANT EXTENSION OF PROGRAM.—Section 
5(a) of the Act entitled ‘‘An Act authorizing Federal par-
ticipation in the cost of protecting the shores of publicly 
owned property’’, approved August 13, 1946 (33 U.S.C. 
426h(a)), is amended by striking all after ‘‘program’’. 
(b) EXTENSION OF PLANNING, DESIGN, AND CON-
STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 
U.S.C. 426h(b)(1)(A)) is amended by striking all after 
‘‘methods’’. 
(c) TECHNOLOGY TRANSFERS TO EDUCATIONAL IN-
STITUTIONS.—Section 5(b)(1)(D) of such Act (33 U.S.C. 
426h(b)(1)(D)) is amended by inserting ‘‘and educational 
institutions’’ after ‘‘entities’’. 
(d) COST-SHARING; REMOVAL OF PROJECTS.—Sec-
tion 5(b) of such Act (33 U.S.C. 426h(b)) is further 
amended—
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) COST SHARING.—The Secretary may enter 
into a cost-sharing agreement with a non-Federal in-
terest to carry out a project, or a phase of a project, 
under the erosion control program in cooperation 
with the non-Federal interest.’’.
(e) MODIFICATION OF EXISTING SHORELINE PRO-
TECTION PROJECTS.—Section 5 of such Act (33 U.S.C. 
426h) is further amended—
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) MODIFICATION OF EXISTING SHORELINE PRO-
TECTION PROJECTS.—–Following initial construction and 
adequate evaluation of a demonstration project’s perform-
ance and lifecycle cost, the Secretary at the request of a 
non-Federal interest is authorized to amend the agree-
ment for an existing federally authorized shore protection 
project to incorporate the demonstration project as a fea-
ture of the authorized shore protection project with the 
future cost of the project to be determined by the cost-
sharing ratio of the authorized shore protection project. 
Such amendment shall only be made if the Chief of Engi-
neers determines that it meets the engineering, economic, 
and design standards of the authorized shore protection 
project.’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
5(f)(2) of such Act (33 U.S.C. 426h(e)(2)) (as redesig-
nated by subsection (e)(1) of this section) is amended by
striking ‘‘$21,000,000’’ and inserting ‘‘such sums as may 
be necessary’’.
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