Brevard County Sea Turtle Habitat Restoration and Federal Mitigation Act of 2002

Brevard County Sea Turtle Habitat Restoration and Federal Mitigation Act of 2002 - Modifies the Brevard County, Florida, shoreline protection project to authorize the Secretary of the Army to incorporate in such project any or all of the 7.1-mile reach of the project that was deleted from the project's south reach if the Secretary determines that such modification is technically sound, environmentally acceptable, and economically justified. Requires the Secretary, after the completion of a certain damage study, to provide the non-Federal interest credit toward non-Federal nourishment costs and renourishment costs associated with the shore protection project for any damages to Brevard County beaches that are the result of a Federal navigation project, as determined in the final report for the study by the independent coastal expert. Requires the amount of the credit to be determined based on the reported damages, and to be applied (without interest) against future non-Federal nourishment and renourishment costs until the entire mitigation credit is depleted. Calls for certain actions to ensure that the Federal navigation project does not cause further downstream erosion.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4876 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4876

    To modify the project for shoreline protection, Brevard County, 
                    Florida, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2002

Mr. Weldon of Florida introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To modify the project for shoreline protection, Brevard County, 
                    Florida, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brevard County Sea Turtle Habitat 
Restoration and Federal Mitigation Act of 2002''.

SEC. 2. BREVARD COUNTY, FLORIDA.

    (a) Project Modification.--The project for shoreline protection, 
Brevard County, Florida, authorized by section 101(b)(7) of the Water 
Resources Development Act of 1996 (110 Stat. 3667), is modified to 
authorize the Secretary, notwithstanding section 902 of the Water 
Resources Development Act of 1986 (100 Stat. 4183), to incorporate in 
the project any or all of the 7.1-mile reach of the project that was 
deleted from the south reach of the project, as described in paragraph 
(5) of the Report of the Chief of Engineers dated December 23, 1996, if 
the Secretary determines that the project as modified is technically 
sound, environmentally acceptable, and economically justified.
    (b) Mitigation of Damage.--Section 310 of the Water Resources 
Development Act of 1999 (113 Stat. 301) is amended by striking 
subsection (c) and inserting the following:
    ``(c) Mitigation of Damage.--
            ``(1) Credit.--After completion of the study, the Secretary 
        shall provide the non-Federal interest credit toward non-
        Federal nourishment costs and renourishment costs associated 
        with the shore protection project for any damages to Brevard 
        County beaches that are the result of a Federal navigation 
        project, as determined in the final report for the study 
        prepared by the independent coastal expert.
            ``(2) Amount of credit.--The amount of the credit shall be 
        determined based on the damages, as determined in the final 
        report for the study prepared by the independent coastal 
        expert.
            ``(3) Application of credit against future costs.--The 
        credit shall be applied, without interest, against future non-
        Federal nourishment costs and renourishment costs until the 
        entire mitigation credit is depleted.
            ``(4) Allocation of costs.-- The cost of providing the 
        mitigation credit shall be allocated--
                    ``(A) to the Federal navigation project as 
                operation and maintenance costs; or
                    ``(B) to the shore protection project as 
                construction costs.
    ``(d) Actions To Prevent Future Erosion.--In order to ensure that 
the Federal navigation project does not cause further downstream 
erosion, quantities of sand included in the sand bypass project, 
authorized by the River and Harbor Act of 1962 (76 Stat. 1173 et seq.), 
shall be increased and the sand placement modified, as determined in 
the final report for the study prepared by the independent coastal 
expert.''.
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