To authorize the Secretary of the Interior to negotiate agreements for the use of Outer Continental Shelf sand, gravel, and shell resources.
PL 103-426 (H.R.3678), enacted 10/31/1994

PUBLIC LAW 103-426—OCT. 31, 1994 
108 STAT. 4371 
Public Law 103-426 
103d Congress 
An Act 
To authorize the Secretary of the Interior to negotiate agreements for the use 
Oct. 31, 1994 
of Outer Continental Shelf sand, gravel, and shell resoiirces. 
[H.R. 3678] 
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)— 
108 STAT. 4372 
PUBLIC LAW 103-426—OCT. 31, 1994 
(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(kX2), each study required by paragraph 
(1) of this subsection shall be commenced not later man 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". 
Approved October 31, 1994. 
LEGISLATIVE HISTORY—H.R. 3678: 
HOUSE REPORTS: No. 103-817, Pt. 1 (Ckimm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 3, considered and passed House. 
Oct. 6, considered and passed Senate.