SHORE PROTECTION.

SEC. 227. SHORE PROTECTION.(a) Declaration of Policy.—Subsection (a) of the 1st section of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426e), is amended— (1) by striking “damage to the shores” and inserting “damage to the shores and beaches”; and (2) by striking “the following provisions” and all that follows through the period at the end of such subsection and inserting the following: “this Act, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.”. (b) Authorization of Projects.—Subsection (e) of such section is amended— (1) by striking “(e) No” and inserting the following: “(e) Authorization of Projects.—“(1) In general.—No”; (2) by moving the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) 2 ems to the right; and (3) by adding at the end the following: “(2) Studies.—“(A) In general.—The Secretary shall— “(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under this Act (including subparagraph (B)(iii)) and other applicable law; “(ii) conduct such studies as Congress requires under applicable laws; and “(iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 110 STAT. 3699 “(B) Recommendations for shore protection projects.—“(i) In general.—The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). “(ii) Considerations.—In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project. “(C) Coordination of projects.—In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall— “(i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and “(ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. “(3) Shore protection projects.—“(A) In general.—The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress. “(B) Agreements.—“(i) Requirement.—After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element. “(ii) Terms.—The agreement shall— “(I) specify the life of the project; and “(II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. “(C) Coordination of projects.—In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C).”. (c) Requirement of Agreements Prior to Reimbursements.—(1) Small shore protection projects.—Section 2 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426f), is amended— (A) by striking “Sec. 2. The Secretary of the Army” and inserting the following: “SEC. 2. REIMBURSEMENTS.“(a) In General.—The Secretary”; (B) in subsection (a) (as designated by subparagraph (A) of this paragraph)— (i) by striking “local interests” and inserting “non-Federal interests”, 110 STAT. 3700 (ii) by inserting “or separable element of the project” after “project”; and (iii) by inserting “or separable elements” after “projects” each place it appears; and (C) by adding at the end the following: “(b) Agreements.—“(1) Requirement.—After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element. “(2) Terms.—The agreement shall— “(A) specify the life of the project; and “(B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element”. (2) Other shoreline protection projects.—Section 206(e)(1)(A) of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1(e)(1)(A); 106 Stat. 4829) is amended by inserting before the semicolon the following: “and enters into a written agreement with the non-Federal interest with respect to the project or separable element (including the terms of cooperation)”. (d) State and Regional Plans.—The Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946, is amended— (1) by redesignating section 4 (33 U.S.C. 426h) as section 5; and (2) by inserting after section 3 (33 U.S.C. 426g) the following: “SEC. 4. STATE AND REGIONAL PLANS.“The Secretary may— “(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources located within the boundaries of the State; “(2) encourage State participation in the implementation of the plan; and “(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.”. (e) National Shoreline Erosion Control Development and Demonstration Program and Definitions.—(1) In general.—The Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 (33 U.S.C. 426e et seq.), is amended by striking section 5 (as redesignated by subsection (d)(1) of this section) and inserting the following: “SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM.“(a) Establishment of Erosion Control Program.—The Secretary shall establish and conduct a national shoreline erosion control development and demonstration program for a period of 6 years beginning on the date that funds are made available to carry out this section. “(b) Requirements.—110 STAT. 3701 “(1) In general.—The erosion control program shall include provisions for— “(A) projects consisting of planning, designing, and constructing prototype engineered and vegetative shoreline erosion control devices and methods during the first 3 years of the erosion control program; “(B) adequate monitoring of the prototypes throughout the duration of the erosion control program; “(C) detailed engineering and environmental reports on the results of each demonstration project carried out under the erosion control program; and “(D) technology transfers to private property owners and State and local entities. “(2) Emphasis.—The projects carried out under the erosion control program shall emphasize, to the extent practicable— “(A) the development and demonstration of innovative technologies; “(B) efficient designs to prevent erosion at a shoreline site, taking into account the life-cycle cost of the design, including cleanup, maintenance, and amortization; “(C) natural designs, including the use of vegetation or temporary structures that minimize permanent structural alterations; “(D) the avoidance of negative impacts to adjacent shorefront communities; “(E) in areas with substantial residential or commercial interests adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests; “(F) the potential for long-term protection afforded by the technology; and “(G) recommendations developed from evaluations of the original 1974 program established under the Shoreline Erosion Control Demonstration Act of 1974 (42 U.S.C. 1962d–5 note; 88 Stat. 26), including— “(i) adequate consideration of the subgrade; “(ii) proper filtration; “(iii) durable components; “(iv) adequate connection between units; and “(v) consideration of additional relevant information. “(3) Sites.—“(A) In general.—Each project under the erosion control program shall be carried out at a privately owned site with substantial public access, or a publicly owned site, on open coast or on tidal waters. “(B) Selection.—The Secretary shall develop criteria for the selection of sites for the projects, including— “(i) a variety of geographical and climatic conditions; “(ii) the size of the population that is dependent on the beaches for recreation, protection of homes, or commercial interests; “(iii) the rate of erosion; “(iv) significant natural resources or habitats and environmentally sensitive areas; and “(v) significant threatened historic structures or landmarks. 110 STAT. 3702 “(C) Areas.—Projects under the erosion control program shall be carried out at not fewer than— “(i) 2 sites on each of the shorelines of the Atlantic and Pacific coasts; “(ii) 2 sites on the shoreline of the Great Lakes; and “(iii) 1 site on the shoreline of the Gulf of Mexico. “(4) Determination of feasibility.—Implementation of a project under this section is contingent upon a determination by the Secretary that such project is feasible. “(c) Consultation.—“(1) Parties.—The Secretary shall carry out the erosion control program in consultation with— “(A) the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion; “(B) Federal, State, and local agencies; “(C) private organizations; “(D) the Coastal Engineering Research Center established under the 1st section of the Act entitled ‘An Act to make certain changes in the functions of the Beach Erosion Board and the Board of Engineers for Rivers and Harbors, and for other purposes’, approved November 7, 1963 (33 U.S.C. 426–1); and “(E) university research facilities. “(2) Agreements.—The consultation described in paragraph (1) may include entering into agreements with other Federal, State, or local agencies or private organizations to carry out functions described in subsection (b)(1) when appropriate. “(d) Report.—Not later than 60 days after the conclusion of the erosion control program, the Secretary shall prepare and submit an erosion control program final report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include a comprehensive evaluation of the erosion control program and recommendations regarding the continuation of the erosion control program. “(e) Funding.—“(1) Responsibility.—The cost of and responsibility for operation and maintenance (excluding monitoring) of a demonstration project under the erosion control program shall be borne by non-Federal interests on completion of construction of the demonstration project. “(2) Authorization of appropriations.—There is authorized to be appropriated $21,000,000 to carry out this section. “SEC. 6. DEFINITIONS.“In this Act, the following definitions apply: “(1) Erosion control program.—The term ‘erosion control program’ means the national shoreline erosion control development and demonstration program established under this section. “(2) Secretary.—The term ‘Secretary’ means the Secretary of the Army. 110 STAT. 3703 “(3) Separable element.—The term ‘separable element’ has the meaning provided by section 103(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(f)). “(4) Shore.—The term ‘shore’ includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith. “(5) Shore protection project.—The term ‘shore protection project’ includes a project for beach nourishment, including the replacement of sand.”. (2) Conforming amendments.—The Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946, is amended— (A) in subsection (b)(3) of the 1st section (33 U.S.C. 426e(b)(3))— (i) by striking “of the Army, acting through the Chief of Engineers,”; and (ii) by striking the final period; (B) in subsection (e) of the 1st section by striking “section 3” and inserting “section 3 or 5”; and (C) in section 3 (33 U.S.C. 426g) by striking “Secretary of the Army” and inserting “Secretary”. (f) Objectives of Projects.—Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2; 84 Stat. 1829) is amended by inserting “(including shore protection projects such as projects for beach nourishment, including the replacement of sand)” after “water resource projects”.