DELAWARE SHORE PROTECTION AND RESTORATION.

SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION. (a) Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware.— (1) In general.—At the request of the non-Federal interest for the project for hurricane and storm damage risk reduction, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the “project”), the Secretary shall implement the project using borrow sources that are alternatives to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297). (2) Interim authority.—Until the Secretary implements the modification under paragraph (1), the Secretary is authorized, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under— (A) section 1122 of the Water Resources Development Act of 2016 (33 U.S.C. 2326 note); or (B) section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)). (3) Cost share.—The Federal share of the cost to construct and periodically nourish the project, including the cost of any modifications carried out under paragraph (1) and the incremental cost of any placements carried out under paragraph (2)(B), shall be 90 percent. (b) Delaware Emergency Shore Restoration.— (1) In general.—The Secretary is authorized to repair or restore a federally authorized hurricane and storm damage reduction structure or project or a public beach located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), if— (A) the structure, project, or public beach is damaged by wind, wave, or water action associated with a Nor’easter; and (B) the Secretary determines that the damage prevents— (i) in the case of a structure or project, the adequate functioning of the structure or project for the authorized purposes of the structure or project; or (ii) in the case of a public beach, the adequate functioning of the beach as a natural barrier to inundation, wave attack, or erosion coinciding with hurricanes, coastal storms, or Nor’easters. (2) Justification.—The Secretary may carry out a repair or restoration activity under paragraph (1) without the need to demonstrate that the activity is justified solely by national economic development benefits if— (A) the Secretary determines that— (i) such activity is necessary to restore the adequate functioning of the structure, project, or public beach for the purposes described in paragraph (1)(B), as applicable; and (ii) such activity is warranted to protect against loss to life or property of the community protected by the structure, project, or public beach; and (B) in the case of a public beach, the non-Federal interest agrees to participate in, and comply with, applicable Federal floodplain management and flood insurance programs. (3) Prioritization.—Repair or restoration activities carried out by the Secretary under paragraph (2) shall be given equal budgetary consideration and priority as activities justified solely by national economic development benefits. (4) Limitations.—An activity carried out under paragraph (1) for a public beach shall not— (A) repair or restore the beach beyond its natural profile; or (B) be considered initial construction of the hurricane and storm damage reduction project. (5) Savings provision.—The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)) to repair or restore federally authorized hurricane or shore protective structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature. (6) Sunset.—The authority of the Secretary to carry out an activity under paragraph (1) for a public beach shall expire on the date that is 10 years after the date of enactment of this Act. (7) Definitions.—In this subsection: (A) Nor’easter.—The term “Nor’easter” means a synoptic-scale, extratropical cyclone in the western North Atlantic Ocean. (B) Public beach.—The term “public beach” means a beach within the geographic boundary of an unconstructed federally authorized hurricane and storm damage reduction project that is— (i) a publicly owned beach; or (ii) a privately owned beach that is available for public use, including the availability of reasonable public access, in accordance with Engineer Regulation 1165-2-130, published by the Corps of Engineers, dated June 15, 1989. (c) Indian River Inlet and Bay, Delaware.— (1) In general.—In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the first section of the Act of August 26, 1937 (chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary shall repair, restore, or relocate any non-Federal public recreation facility that has been damaged, in whole or in part, by the deterioration or failure of the project. (2) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $10,000,000. (d) Indian River Inlet Sand Bypass Plant, Delaware.— (1) In general.—The project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the “Indian River Inlet Sand Bypass Plant”, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of such project when— (A) the sand bypass plant is inoperative; or (B) operation of the sand bypass plant is insufficient to maintain the functioning of the project. (2) Cost share.—The non-Federal share of the cost of a cycle of periodic nourishment provided pursuant to paragraph (1) shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant. (e) Reprogramming for Coastal Storm Risk Management Project at Indian River Inlet.— (1) In general.—For each fiscal year, the Secretary may reprogram amounts made available for any coastal storm risk management project to use such amounts for the project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the “Indian River Inlet Sand Bypass Plant”, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). (2) Limitations.— (A) In general.—The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year. (B) Amount.—For each fiscal year, the Secretary may reprogram— (i) not more than $100,000 per reprogramming action; and (ii) not more than $200,000 for each fiscal year.