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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Brevard County Beach Equity Act of
2000''.

SEC. 2. EROSION MITIGATION, BREVARD COUNTY, FLORIDA.

(a) Definitions.--In this section, the following definitions apply:
(1) Canaveral harbor project.--The term ''Canaveral Harbor
Project'' means the Federal project for navigation authorized
by section 2 of the Act entitled ''An Act authorizing the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved March
2, 1945 (59 Stat. 16), as modified by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1174).
(2) Secretary.--The term ''Secretary'' means the Secretary
of the Army.
(3) Shoreline protection project.--The term ''Shoreline
Protection Project'' means the Federal project for shoreline
protection authorized by section 101(b)(7) of the Water
Resources Development Act of 1996 (110 Stat. 3667).
(b) Study.--
(1) In general.--The Secretary, in cooperation with
interested non-Federal entities, shall conduct a study of the
shoreline in Brevard County, Florida, to determine whether any
erosion or property damage along the shoreline is attributable
to the Canaveral Harbor Project.
(2) Scope.--The Secretary shall limit the scope of the
study conducted under this subsection to a review of existing
data, reports, and studies (whether conducted by a Federal or a
non-Federal entity), relevant to erosion in Brevard County,
Florida.
(3) Review by independent expert.--
(A) In general.--In conducting the study under this
subsection, the Secretary shall hire an independent
coastal expert to review and report on the data,
reports, and studies referred to in paragraph (2).
(B) Selection.--The Secretary shall select the
expert described in subparagraph (A) from a list of
experts approved by the Corps of Engineers, the
Canaveral Port Authority, and the County Commission of
Brevard County, Florida.
(4) Treatment of mitigation measures.--In determining the
extent and rate of erosion under the study conducted under this
subsection, the Secretary shall take into account the effects
of each previously implemented measure designed to mitigate
erosion or property damage attributable to the Canaveral Harbor
Project, except those measures implemented under the Shoreline
Protection Project.
(c) Mitigation.--
(1) Determination.--Not later than 180 days after the date
of enactment of this section, the Secretary shall determine,
based on the results of the study conducted under subsection
(b), whether any measures are necessary to prevent or mitigate
erosion or property damage, or to correct or repair past
erosion or property damage, attributable to the Canaveral
Harbor Project.
(2) Authority.--After making a determination under
paragraph (1), the Secretary shall plan, design, and implement
any measures that the Secretary considers to be necessary to
prevent, mitigate, correct, or repair, any erosion or property
damage that is attributable to the Canaveral Harbor Project.
(3) Allocation of costs.--Except as provided in paragraph
(4), the Federal and non-Federal shares of the costs of
implementing any measure under this subsection shall be the
same as for the Canaveral Harbor Project.
(4) Renourishment in certain areas.--
(A) Reallocation of costs.--If under paragraph (2)
the Secretary carries out any renourishment of a shore
or beach located within the boundaries of the area
covered by the Shoreline Protection Project, the
Secretary shall modify the project cooperation
agreement for the Shoreline Protection Project to
increase the Federal share of the project costs of
initial construction and periodic renourishment to
reflect the increased costs incurred by the Secretary.
(B) Credit or reimbursement of funds.--Based on any
reallocation of costs under subparagraph (A), the
Secretary shall credit or reimburse each non-Federal
interest for any excess funds it may have expended with
respect to the Shoreline Protection Project.
(d) Repeal.--Section 310 of the Water Resources Development Act of
1999 (113 Stat. 301) is repealed.
(e) Funding.--
(1) Study.--Of the funds made available for the operation
or maintenance of the Canaveral Harbor Project, not more than
$250,000 may be used by the Secretary to conduct the study
described in subsection (b).
(2) Treatment of costs of mitigation measures.--The costs
of any mitigation measure carried out under this section shall
be allocated to the Canaveral Harbor Project as operation and
maintenance costs.
Output:
Requires the Secretary to: (1) take into account the effects of each previously implemented measure designed to mitigate erosion or property damage attributable to the Project, except those measures implemented under the Shoreline Protection Project; (2) determine whether any measures are necessary to prevent or mitigate erosion or property damage, or to correct or repair past erosion or property damage; and (3) plan, design, and implement such measures. Requires the Federal and non-federal share of the costs of implementing any measure to be the same as for such Project.
Requires the Secretary: (1) if he or she carries out any renourishment of a shore or beach located within the area covered by the Shoreline Protection Project, to modify the Project cooperation agreement to increase the Federal share to reflect the increased construction and periodic renourishment costs incurred; and (2) based on any reallocation of such costs, to credit or reimburse each non-Federal interest for any excess funds it may have expended with respect to such Project.
Amends the Water Resources Development Act of 1999 to repeal the requirement for the reimbursement of the non-Federal interest for the Federal share of preconstruction planning and design costs for the project for shore protection for Broward County and Hillsboro Inlet, Florida if the work is compatible with and integral to such project.
Authorizes use of up to $250,000 of funds made available for the operation or maintenance of the Canaveral Harbor Project to conduct the study. Provides for the costs of any mitigation measure carried out under this Act to be allocated to such Project as operation and maintenance costs.